Nantahala Capital Amends Aytu BioPharma Stake

TL;DR

Nantahala Capital updated their Aytu BioPharma filing on 6/18. Watch this space.

AI Summary

Nantahala Capital Management, LLC, through its group members Daniel Mack and Wilmot B. Harkey, has amended its Schedule 13D filing regarding Aytu BioPharma, Inc. The filing, dated June 18, 2024, indicates a change in beneficial ownership. The specific details of the change in ownership percentage or number of shares are not explicitly stated in this excerpt, but it represents an update to their previous filings.

Why It Matters

This amendment signals a potential shift in control or investment strategy by a significant shareholder in Aytu BioPharma, which could influence the company's stock performance.

Risk Assessment

Risk Level: medium — Amendments to Schedule 13D filings often indicate significant changes in a major shareholder's position, which can lead to increased stock volatility.

Key Players & Entities

• Nantahala Capital Management, LLC (company) — Filing entity
• Daniel Mack (person) — Group member of filing entity
• Wilmot B. Harkey (person) — Group member of filing entity
• AYTU BIOPHARMA, INC. (company) — Subject company
• Taki Vasilakis (person) — Mentioned in relation to filing

FAQ

Key Financial Figures

• $0.0001 — ame of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securiti
• $1,296,114 — ranche B warrants, paying approximately $1,296,114 to acquire Exchange Warrants entitling

Filing Documents

• tm2417545d1_sc13da.htm (SC 13D/A) — 60KB
• 0001104659-24-072841.txt ( ) — 62KB

of the Original Schedule

Item 4 of the Original Schedule 13D is amended and supplemented as follows: On June 14, 2024, the Nantahala Investors exercised their Tranche B warrants, paying approximately $1,296,114 to acquire Exchange Warrants entitling them to purchase 815,217 shares of Common Stock for $0.0001 per share. The Nantahala Investors may not exercise the Exchange Warrants if such exercise would result in the Nantahala Investors beneficially owning in excess of 9.99% of the outstanding shares of the Issuer’s Common Stock. The Exchange Warrants, which expire only when exercised in full, are in the same form as the Pre-Funded Warrant attached as Exhibit 4.1 to Pre-effective Amendment No. 1 to the Registration Item 5. Interest in Securities of the Issuer

of the Original Schedule

Item 5 of the Original Schedule 13D is amended and restated as follows: (a) The aggregate percentage of Common Stock beneficially owned by the Reporting Persons is based upon a total of 5,972,327 shares of Common Stock outstanding as of June 18, 2024, as reported by the Issuer in a Current Report filed with the SEC on Form 8-K on the same date. Nantahala, as the investment adviser of the Nantahala Investors, may be deemed to beneficially own the 1,086,812 shares of Common Stock held by the Nantahala Investors, representing approximately 18.2% of the issued and outstanding shares of Common Stock of the Issuer. In addition, Mr. Harkey and Mr. Mack, as principals of Nantahala, the investment adviser of the Nantahala Investors, may also be deemed to beneficially own the 1,086,812 shares of Common Stock beneficially held by the Nantahala Investors, representing approximately 18.2% of the issued and outstanding shares of Common Stock of the Issuer. (b) Nantahala, Mr. Harkey and Mr. Mack have the shared power to vote and dispose of the Common Stock reported in this Schedule 13D. (c) Other than the transactions reported herein, no Reporting Person or Other Officer has effected any transactions in the Common Stock of the Issuer since the Original 13D . (d) The Nantahala Investors hold the shares of Common Stock reported herein, including more than 5% of the outstanding shares of Common Stock beneficially owned by the Reporting Persons but held by Blackwell Partners LLC - Series A. No person other than the Nantahala Investors is known to have the right to receive, or the power to direct the receipt of dividends from, or proceeds from the sale of, the Common Stock. (e) Not applicable. CUSIP No. 054754858 SCHEDULE 13D Page 6 of 7 Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer

of the Original Schedule

Item 6 of the Original Schedule 13D is amended and supplemented as follows: The information set forth in

to this Amendment No. 2 to Schedule 13D regarding the Exchange Warrants is incorporated herein by reference

Item 4 to this Amendment No. 2 to Schedule 13D regarding the Exchange Warrants is incorporated herein by reference. Item 7. Material to be Filed as Exhibits Exhibit 99.5 Form of Pre-Funded Warrant (incorporated by reference to Exhibit 4.10 to Pre-effective Amendment No. 1 to Registration Statement on Form S-1, filed by the Issuer with the SEC on June 5, 2023). CUSIP No. 054754858 SCHEDULE 13D Page 7 of 7

Signatures

Signatures After reasonable inquiry and to the best of their knowledge and belief, each of the undersigned certifies that the information set forth in this statement is true, complete and correct. Dated: June 18, 2024 NANTAHALA CAPITAL MANAGEMENT, LLC By: /s/ Taki Vasilakis Taki Vasilakis Chief Compliance Officer /s/ Wilmot B. Harkey Wilmot B. Harkey /s/ Daniel Mack Daniel Mack

View Full Filing

View this SC 13D/A filing on SEC EDGAR