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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
June 26, 2024
Date of Report (Date of earliest event reported):
 
logo01.jpg
 
AYTU BIOPHARMA, INC.
(Exact name of registrant as specified in its charter)
 
Delaware
 
001-38247
 
47-0883144
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 
7900 E. Union Avenue, Suite 920
Denver, CO 80237
(Address of principal executive offices, including Zip Code)
 
Registrant’s telephone number, including area code: (720) 437-6580
 
Not applicable 
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
Securities registered pursuant to Section 12(b) of the Act:
 
Title of Each Class
 
Trading Symbol(s)
 
Name of Each Exchange on Which Registered
Common Stock, par value $0.0001 per share
 
AYTU
 
The NASDAQ Stock Market LLC
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 
Emerging growth company
 
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐


 

 
Item 5.07   Submission of Matters to a Vote of Security Holders.
 
On June 26, 2024, Aytu BioPharma, Inc. (the “Company”) held its 2024 annual meeting of stockholders (the “2024 Annual Meeting”). At the close of business on April 29, 2024, the record date for the 2024 Annual Meeting, there were 5,568,075 shares of the Company’s common stock issued and outstanding with each share being entitled to one vote and to be voted together as one class at the 2024 Annual Meeting. At the 2024 Annual Meeting, there were present in person or by proxy 4,037,162 shares of the Company’s common stock, representing stockholders entitled to vote of approximately 73% of the total issued and outstanding on the record date and constituting a quorum.
 
Set forth below are the voting results for the three proposals considered and voted upon at the 2024 Annual Meeting, all of which were described in the Proxy Statement filed with the United States Securities and Exchange Commission on May 10, 2024:
 
Proposal No. 1 - Election of Directors
 
The Company’s stockholders elected all of the incumbent directors that stood for reelection. Each director was elected by a majority vote. The directors elected and the final vote tabulation for each director is as follows:
 
Director
 
Votes Cast For
 
Votes Withheld
 
Broker Non-Votes
Joshua R. Disbrow
 
2,111,846
 
596,291
 
1,329,025
John A. Donofrio, Jr.
 
2,068,029
 
640,108
 
1,329,025
Carl C. Dockery
 
2,055,295
 
652,842
 
1,329,025
Abhinav “Abi” Jain
 
2,074,470
 
633,667
 
1,329,025
Vivian H. Liu
 
2,067,904
 
640,233
 
1,329,025
 
Proposal No. 2 - Appointment of Independent Registered Public Accounting Firm
 
The Company’s stockholders approved the proposal to ratify the appointment by the Company’s Audit committee of Grant Thornton LLP, as the Company’s independent registered public accounting firm for the fiscal year ended June 30, 2024. The final vote tabulation for this proposal is as follows:
 
Votes Cast For
 
Votes Cast Against
 
Votes Cast Abstain
 
Broker Non-Votes
3,290,868
 
683,165
 
63,129
 
 
Proposal No. 3 - Advisory Vote on Executive Compensation
 
The Company’s stockholders approved, by a non-binding advisory vote, the proposal regarding executive compensation. The final vote tabulation for that proposal was as follows:
 
Votes Cast For
 
Votes Cast Against
 
Votes Cast Abstain
 
Broker Non-Votes
1,978,765
 
659,394
 
69,978
 
1,329,025
 
 

 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
AYTU BIOPHARMA, INC.
   
   
Date: June 26, 2024
By:
/s/ Mark K. Oki
   
Mark K. Oki
   
Chief Financial Officer