Other Information
−Removed: On August 15, 2022, in connection with the consummation of the Private
−Removed: Placement, the Company entered into an amended and restated registration statement with Acuitas, which amended and restated that certain
−Removed: Registration Rights Agreement, dated as of June 10, 2021, by and between the Company and Acuitas (the “Existing Registration Rights
−Removed: Agreement”), to amend the definition of “Registrable Securities” in the Existing Registration Rights Agreement to include
−Removed: the PIPE Shares and the Warrant Shares as Registrable Securities thereunder.
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K/A (File No.
−Removed: 001-39015) filed on July 18, 2022).
−Removed: Securities Purchase Agreement, dated July 15, 2022, by and between the Company and Acuitas Group Holdings, LLC (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K/A (File No.
+Added: of Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K/A (File No.
filed on July 18, 2022).
−Removed: Amended and Restated Registration Rights Agreement, dated August 15, 2022, by and between BioVie Inc.
−Removed: and Acuitas Group Holdings, LLC.
−Removed: Controlled Equity Offering SM Sales Agreement, dated August 31, 2022, by and among BioVie Inc.
−Removed: Cantor Fitzgerald & Co.
−Removed: Riley Securities, Inc.
−Removed: (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
−Removed: 001-39015) filed on August 31, 2022).
−Removed: Certification of Chief Executive Officer (Principal Executive Officer) required by Rule 13a-14(a) or Rule 15d-14(a) under the Securities Exchange Act of 1934, as amended.
−Removed: Certification of Chief Financial Officer (Principal Financial Officer) required by Rule 13a-14(a) or Rule 15d-14(a) under the Securities Exchange Act of 1934, as amended.
−Removed: Certifications of Chief Executive Officer pursuant to 18 U.S.C.
−Removed: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: Certification of Chief Financial Officer (Principal Financial Officer) pursuant to 18 U.S.C.
+Added: 2 to Asset Purchase Agreement, dated January 13, 2023, by and between BioVie Inc.
+Added: and Acuitas Group Holdings, LLC, and Acuitas
+Added: Group Holdings, LLC, solely for purposes of Section 10.16 of the Agreement
+Added: Certification
+Added: of Chief Executive Officer (Principal Executive Officer) required by Rule 13a-14(a) or Rule 15d-14(a) under the Securities Exchange
+Added: Act of 1934, as amended.
+Added: Certification
+Added: of Chief Financial Officer (Principal Financial Officer) required by Rule 13a-14(a) or Rule 15d-14(a) under the Securities Exchange
+Added: Act of 1934, as amended.
+Added: Certifications
+Added: of Chief Executive Officer pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: Certification
+Added: of Chief Financial Officer (Principal Financial Officer) pursuant to 18 U.S.C.
+Added: Section 1350, as adopted pursuant to Section 906 of
+Added: the Sarbanes-Oxley Act of 2002.
Instance Document
14 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.