Note 11 – Subsequent Events

On January 27, 2017, the Company commenced a tender offer to the beneficial holders of certain series of warrants, offering them the opportunity to exercise such warrants at a temporarily reduced cash exercise price of $0.75 per share of common stock. The tender offer is being made pursuant to the Offer to Amend and Exercise Warrants to Purchase Common Stock, as filed with the Securities and Exchange Commission on January 27, 2017, which has been mailed to the beneficial holders of the applicable series of warrants. The warrants subject to the tender offer are (i) outstanding warrants to purchase 1,733,322 shares of common stock, issued in the May 2016 public financing, with an exercise price of $6.00 per share, and (ii) outstanding warrants to purchase 6,020,245 shares of common stock, issued in the November 2016 public financing, with an exercise price of $1.86 per share. In the tender offer, the exercise prices of such warrants will be temporarily reduced to $0.75 per share, for the period from January 27, 2017 through the expiration time of 11:59 P.M. (Eastern Time) on February 27, 2017, subject to extension at the Company’s sole discretion.

In addition, the solicitation agents retained by the Company in the foregoing tender offer collectively own (together with certain affiliates) an aggregate of 510,825 warrants to purchase shares of the Company’s common stock, which warrants were previously issued as underwriters’ compensation in connection with the Company’s public offerings consummated on May 6, 2016 and November 2, 2016. The Company has agreed with the solicitation agents to reduce the exercise price of these underwriters’ warrants, which are currently exercisable at exercise prices of $6.00 and $1.86, to $0.75 for the remaining exercise period of the warrants. These underwriters’ warrants were not included in the tender offer described above.

Subsequent to December 31, 2016, Aytu has sold approximately one third of its investment in Acerus generating nearly $400,000 in net proceeds.