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No Bad Actor Disqualification Event. Such Buyer represents, after reasonable inquiry, that none of the “Bad Actor” disqualifying events described in Rule 506(d)(l)(i) to # under the 1933 Act (a “Disqualification Event”) is applicable to such Buyer or any of its Rule 506(d) Related Parties (if any), except a Disqualification Event as to which Rule 506(d)(2)(ii) or (iii) or (d)(3) applies. “Rule 506(d) Related Party” means a person or entity that is a beneficial owner of such Buyer’s securities for purposes of Rule 506(d).

“Regulation D” means Regulation D of the Board of Governors of the Federal Reserve System.

Debit to such Capital Account the items described in Treasury Regulation Sections 1.704-1(b)(2)(ii)(d)(4), 1.704-1(b)(2)(ii)(d)(5), and 1.704-1(b)(2)(ii)(d)(6).

Series D Preferred Stock” means AYTU’s Series D Convertible Preferred Stock, par value, $0.0001 per share.

-1 Introduction Participating Affiliates that employ the individuals described in Section D.2-2 (each a “[Schedule D.2] Employer” and collectively “[Schedule D.2] Employers”) hereby establish a retirement contribution feature as described in this [Schedule D.2]. The retirement contribution feature shall be in addition to all other contributions provided pursuant to the Plan.

Person” shall have the meaning ascribed to such term in Section 3(a)(9) of the Exchange Act and used in [Sections 13(d) and 14(d)])] thereof, including a “group” as defined in [Section 13(d)].

“Regulations A, D, U and X” means, respectively, Regulations A, D, U and X of the Federal Reserve Board (or any successor).

Regulation D” means Regulation D of the Board from time to time in effect and all official rulings and interpretations thereunder or thereof.

[Section 3(d)] of the Employment Agreement is hereby amended by adding a new subsection # to the existing [Section 3(d)], as follows:

Exhibits. Exhibit D (Compliance Certificate) and [Schedule 1] attached to the Loan Agreement are replaced with Exhibit D and [Schedule 1] attached hereto.

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