##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 FORM 10-Q/A
 (Amendment No. 1)
 (Mark One)
 þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the Quarterly Period Ended June 30, 2010
 or
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the transition period from  to
 Commission file number: 000-52530
 Omni Bio Pharmaceutical, Inc.
  Colorado
    
    20-8097969(State or other jurisdiction of
    
    (I.R.S. Employerincorporation or organization)
    
    Identification No.)
 5350 South Roslyn, Suite 430, Greenwood Village, CO 80111
 (303) 867-3415
 þ o
 o o
  Large accelerated filer o
    
    Accelerated filer þ
    
    Non-accelerated filer o
    
    Smaller reporting company o(Do not check if a smaller reporting company)
 o þ




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##### Table of Contents



EXPLANATORY NOTE




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##### 



OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
TABLE OF CONTENTS
  
 PagePART I: FINANCIAL INFORMATIONItem 1. Financial Statements.Consolidated Balance Sheets  June 30, 2010 and March 31, 2010 (unaudited)
    
    
    2Consolidated Statements of Operations  For the three months ended June 30, 2010
and 2009, and February 28, 2006 (Inception) through June 30, 2010 (unaudited)
    
    
    3Consolidated Statements of
Stockholders Equity  As of and for the three months ended June 30, 2010 (unaudited)
    
    
    4Consolidated Statements of Cash Flows  For the three months ended June 30, 2010
and 2009, and February 28, 2006 (Inception) through June 30, 2010 (unaudited)
    
    
    5Notes to Consolidated Financial Statements (unaudited)
    
    
    7Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations.
    
    
    18Item 3. Quantitative and Qualitative Disclosures About Market Risk.
    
    
    22Item 4. Controls and Procedures.
    
    
    22PART II: OTHER INFORMATIONItem 1. Legal Proceedings.
    
    
    23Item 1A. Risk Factors.
    
    
    23Item 2. Unregistered Sales of Equity Securities and Use of Proceeds.
    
    
    23Item 3. Defaults Upon Senior Securities.
    
    
    23Item 5. Other Information.
    
    
    23Item 6. Exhibits.
    
    
    24Signature
    
    
    25Exhibit 31.1Exhibit 31.2Exhibit 32.1Exhibit 32.2




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##### Table of Contents



Part I. FINANCIAL INFORMATION
 
 Item 1. Financial Statements.
 OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
(A Development Stage Company)
 
 CONSOLIDATED BALANCE SHEETS
 June 30, 2010
    
    
    March 31, 2010(Unaudited)
    
    
    (Unaudited)(As restated)ASSETSCurrent assets:Cash and cash equivalents
    
    $
    1,138,553
    
    
    $
    1,802,366Prepaid clinical trial fee
    
    
    365,000
    
    
    
    Other current assets
    
    
    27,922
    
    
    
    10,049Total current assets
    
    
    1,531,475
    
    
    
    1,812,415Property and equipment, net
    
    
    527
    
    
    
    848Intangible assets, net
    
    
    65,819
    
    
    
    67,115Total long-term assets
    
    
    66,346
    
    
    
    67,963TOTAL ASSETS
    
    $
    1,597,821
    
    
    $
    1,880,378LIABILITIES & STOCKHOLDERS EQUITYCurrent liabilities:Accounts payable
    
    $
    32,532
    
    
    $
    94,356Accrued liabilities
    
    
    84,669
    
    
    
    97,487Amounts due to related parties
    
    
    4,500
    
    
    
    4,125Notes payable  related party, net of discount of $3,000 at March 31, 2010
    
    
    
    
    
    
    22,000Total current liabilities
    
    
    121,701
    
    
    
    217,968Commitments and Contingencies (Notes 4 and 5)Stockholders equity:Preferred stock, $0.10 par value, 5,000,000 shares authorized, -0- shares
issued and outstanding
    
    
    
    
    
    
    Common stock, $0.001 par value; 200,000,000 shares authorized;
28,038,268 and 27,987,018 shares issued and outstanding, respectively
    
    
    28,038
    
    
    
    27,987Additional paid-in capital
    
    
    27,122,767
    
    
    
    24,573,783Deficit accumulated during the development stage
    
    
    (25,674,685
    )
    
    
    (22,939,360
    )Total stockholders equity
    
    
    1,476,120
    
    
    
    1,662,410TOTAL LIABILITIES AND STOCKHOLDERS EQUITY
    
    $
    1,597,821
    
    
    $
    1,880,378
   2




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OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
(A Development Stage Company)
 
 CONSOLIDATED STATEMENTS OF OPERATIONS
(Unaudited)
 February 28, 2006For the Three Months Ended
    
    
    (Inception) throughJune 30,
    
    
    June 30, 20102010
    
    
    2009(As restated)
    
    
    (As restated)
    
    
    (As restated)Operating expenses:General and administrative (including share-based
compensation of $2,474,053, $636,973 and
$10,335,169, respectively)
    
    $
    2,734,681
    
    
    $
    803,626
    
    
    $
    13,068,679Research and development
    
    
    
    
    
    
    
    
    
    
    1,132,497License fee  related party
    
    
    
    
    
    
    
    
    
    
    5,615,980Charge for common stock issued pursuant to
license agreements
    
    
    
    
    
    
    
    
    
    
    763,240Total operating expenses
    
    
    2,734,681
    
    
    
    803,626
    
    
    
    20,580,396Loss from operations
    
    
    (2,734,681
    )
    
    
    (803,626
    )
    
    
    (20,580,396
    )Non-operating expenses:Interest income (expense), net
    
    
    2,356
    
    
    
    (470
    )
    
    
    (54,891
    )Accretion expense on notes payable 
related party
    
    
    (3,000
    )
    
    
    (3,000
    )
    
    
    (56,125
    )Charges for warrants issued in merger  related parties
    
    
    
    
    
    
    
    
    
    
    (1,948,237
    )Charge for warrants issued in private placement 
related parties
    
    
    
    
    
    
    
    
    
    
    (403,350
    )Charges for modifications to warrants
    
    
    
    
    
    
    
    
    
    
    (2,631,686
    )Total non-operating expenses
    
    
    (644
    )
    
    
    (3,470
    )
    
    
    (5,094,289
    )Net loss
    
    $
    (2,735,325
    )
    
    $
    (807,096
    )
    
    $
    (25,674,685
    )Basic and diluted net loss per share
    
    $
    (0.10
    )
    
    $
    (0.03
    )Weighted average shares outstanding  basic and diluted
    
    
    28,002,746
    
    
    
    26,019,055
   3




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##### Table of Contents



OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
(A Development Stage Company)
 
 CONSOLIDATED STATEMENTS OF STOCKHOLDERS EQUITY
 DeficitAccumulatedAdditional
    
    
    During
    
    
    TotalPreferred Stock
    
    
    Common Stock
    
    
    Paid-in
    
    
    Development
    
    
    StockholdersShares
    
    
    Amount
    
    
    Shares
    
    
    Amount
    
    
    Capital
    
    
    Stage
    
    
    EquityBalances at March 31, 2010
    
    
    
    
    
    $
    
    
    
    
    27,987,018
    
    
    $
    27,987
    
    
    $
    24,573,783
    
    
    $
    (22,939,360
    )
    
    $
    1,662,410Conversion of accounts payable into common stock (April 2010 at $2.50 per share)
    
    
    
    
    
    
    
    
    
    
    20,000
    
    
    
    20
    
    
    
    49,962
    
    
    
    
    
    
    
    49,982Conversion of note payable with related party into
 common stock (June 2010 at $0.80 per share)
    
    
    
    
    
    
    
    
    
    
    31,250
    
    
    
    31
    
    
    
    24,969
    
    
    
    
    
    
    
    25,000Share-based compensation, as restated
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    2,474,053
    
    
    
    
    
    
    
    2,474,053Net loss, as restated
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    (2,735,325
    )
    
    
    (2,735,325
    )Balances at June 30, 2010 (unaudited), as restated
    
    
    
    
    
    $
    
    
    
    
    28,038,268
    
    
    $
    28,038
    
    
    $
    27,122,767
    
    
    $
    (25,674,685
    )
    
    $
    1,476,120
   4




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OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
(A Development Stage Company)
 
 CONSOLIDATED STATEMENTS OF CASH FLOWS  Unaudited)
 February 28, 2006For the Three Months  Ended
    
    
    (Inception)June 30,
    
    
    Through June 30,2010
    
    
    2009
    
    
    2010(As restated)
    
    
    (As restated)
    
    
    (As restated)CASH FLOWS FROM OPERATING ACTIVITIES:Net loss
    
    $
    (2,735,325
    )
    
    $
    (807,096
    )
    
    $
    (25,674,685
    )Adjustments used to reconcile net loss to net cash used in
operating activities:Charge for warrant issued for purchase of license 
related party
    
    
    
    
    
    
    
    
    
    
    5,590,980Common stock issued pursuant to license agreements
    
    
    
    
    
    
    
    
    
    
    763,240Share-based compensation
    
    
    2,474,053
    
    
    
    636,973
    
    
    
    10,335,169Charge for warrants issued in merger transaction 
related parties
    
    
    
    
    
    
    
    
    
    
    1,948,237Charge for warrants issued in private placement
transaction
 related parties
    
    
    
    
    
    
    
    
    
    
    403,350Charges for modifications to warrants
    
    
    
    
    
    
    
    
    
    
    2,631,686Accretion expense  related parties
    
    
    3,000
    
    
    
    3,000
    
    
    
    56,125Depreciation and amortization
    
    
    1,617
    
    
    
    1,734
    
    
    
    18,531Contributed rent
    
    
    
    
    
    
    1,260
    
    
    
    19,740Loss on disposal of equipment
    
    
    
    
    
    
    
    
    
    
    2,444Changes in operating assets and liabilities:Prepaid clinical trial fee
    
    
    (365,000
    )
    
    
    
    
    
    
    (365,000
    )Other current assets
    
    
    (17,873
    )
    
    
    (15,167
    )
    
    
    (30,021
    )Accounts payable
    
    
    (11,842
    )
    
    
    (230,438
    )
    
    
    238,709Accrued liabilities
    
    
    (12,818
    )
    
    
    (203,017
    )
    
    
    (227,155
    )Amounts due to related parties
    
    
    375
    
    
    
    (133,761
    )
    
    
    208,382Net cash used in operating activities
    
    
    (663,813
    )
    
    
    (746,512
    )
    
    
    (4,080,268
    )CASH FLOWS FROM INVESTING ACTIVITIES:Cash proceeds from reverse merger transactions
    
    
    
    
    
    
    
    
    
    
    11,750Purchase of licenses
    
    
    
    
    
    
    
    
    
    
    (35,401
    )Purchase of property and equipment
    
    
    
    
    
    
    
    
    
    
    (7,423
    )Net cash used in investing activities
    
    
    
    
    
    
    
    
    
    
    (31,074
    )CASH FLOWS FROM FINANCING ACTIVITIES:Net proceeds from the sale of common stock
    
    
    
    
    
    
    
    
    
    
    4,285,945Proceeds from the issuance of notes payable to related
party
    
    
    
    
    
    
    
    
    
    
    825,000Proceeds from the sale of common stock warrants
    
    
    
    
    
    
    
    
    
    
    125,000Proceeds from the exercise of common stock warrants
    
    
    
    
    
    
    3,175
    
    
    
    13,950Net cash provided by financing activities
    
    
    
    
    
    
    3,175
    
    
    
    5,249,895Net increase (decrease) in cash and cash equivalents
    
    
    (663,813
    )
    
    
    (743,337
    )
    
    
    1,138,553Cash and cash equivalents at beginning of period
    
    
    1,802,366
    
    
    
    1,805,395
    
    
    
    Cash and cash equivalents at end of period
    
    $
    1,138,553
    
    
    $
    1,062,058
    
    
    $
    1,138,553
  5




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OMNI BIO PHARMACEUTICAL, INC. & SUBSIDIARY
(A Development Stage Company)
CONSOLIDATED STATEMENTS OF CASH FLOWS (continued)
(Unaudited)
 For the Three Months  EndedJune 30,2010
    
    
    2009SUPPLEMENTAL DISCLOSURES OF CASH FLOW
INFORMATION:Cash paid for:Interest
    
    $
    
    
    
    $
    1,375Income taxes
    
    $
    
    
    
    $
    SUPPLEMENTAL DISCLOSURES OF NON-CASH
INVESTING AND FINANCING ACTIVITIES:Accounts payable converted to common stock
    
    $
    49,982
    
    
    $
    Notes payable  related parties converted to common stock
    
    $
    25,000
    
    
    $
    132,000Issuance of common stock pursuant to cashless exercises
of warrants
    
    $
    
    
    
    $
    126Discount on convertible note  related party
    
    $
    
    
    
    $
    
   6




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)
 
 Notes to Consolidated Financial Statements (Unaudited)
 NOTE 1  OVERVIEW AND BASIS OF PRESENTATION
 Organization
   Nature of Operations
    Basis of Presentation
   7




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
 Going Concern
   Recently Issued Accounting Standard Updates
  NOTE 1A  RESTATEMENT OF CONSOLIDATED FINANCIAL STATEMENTS
    8




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
  As reported
    
    
    Adjustment (1)
    
    
    As restatedBalance sheet data  June 30, 2010Additional paid-in capital (1)
    
    $
    14,710,579
    
    
    $
    12,412,188
    
    
    $
    27,122,767Deficit accumulated during the development stage (1)
    
    
    (13,262,497
    )
    
    
    (12,412,188
    )
    
    
    (25,674,685
    )Total stockholders equity
    
    $
    1,476,120
    
    
    $
    
    
    
    $
    1,476,120
 As reported
    
    
    Adjustment
    
    
    As restatedStatement of Operations data 
For the three months ended June 30, 2010General and administrative expenses (2)
    
    $
    776,025
    
    
    $
    1,958,656
    
    
    $
    2,734,681Loss from operations
    
    
    (776,025
    )
    
    
    (1,958,656
    )
    
    
    (2,734,681
    )Net loss
    
    $
    (776,669
    )
    
    $
    (1,958,656
    )
    
    $
    (2,735,325
    )Basic and diluted net loss per share
    
    $
    (0.03
    )
    
    $
    (0.07
    )
    
    $
    (0.10
    )
 As reported
    
    
    Adjustment
    
    
    As restatedStatement of Cash Flows data 
For the three months ended June 30, 2010Net loss
    
    $
    (776,669
    )
    
    $
    (1,958,656
    )
    
    $
    (2,735,325
    )Share-based compensation
    
    
    515,397
    
    
    
    1,958,656
    
    
    
    2,474,053Net cash used in operating activities
    
    $
    (663,813
    )
    
    $
    
    
    
    $
    (663,813
    )
  As reported
    
    
    Adjustment
    
    
    As restatedStatement of Operations data 
For the three months ended June 30, 2009General and administrative expenses (2)
    
    $
    655,952
    
    
    $
    147,674
    
    
    $
    803,626Loss from operations
    
    
    (655,952
    )
    
    
    (147,674
    )
    
    
    (803,626
    )Net loss
    
    $
    (659,422
    )
    
    $
    (147,674
    )
    
    $
    (807,096
    )Basic and diluted net loss per share
    
    $
    (0.03
    )
    
    $
    
    
    
    $
    (0.03
    )
  9




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
 As reported
    
    
    Adjustment
    
    
    As restatedStatement of Cash Flows data 
For the three months ended June 30, 2009Net loss
    
    $
    (659,422
    )
    
    $
    (147,674
    )
    
    $
    (807,096
    )Share-based compensation
    
    
    489,299
    
    
    
    147,674
    
    
    
    636,973Net cash used in operating activities
    
    $
    (746,512
    )
    
    $
    
    
    
    $
    (746,512
    )
 (1)
    
    Adjustment includes the restatement effect for both the year ended March 31, 2010 and
the three months ended June 30, 2010.(2)
    
    Includes share-based compensation of $2,474,053 and $636,973
for the three months ended June 30, 2010 and 2009, respectively. For the three months ended June 30, 2009, the
adjustments to previously reported share-based compensation were: 1) an increase of $545,840 as a result of the
Director Warrants Revaluation and 2) a decrease of $398,166 as a result of the Director 1 Warrants Adjustment. NOTE 2  NET LOSS PER SHARE
 Earnings per Share
  NOTE 3  PRIVATE PLACEMENT TRANSACTIONS
 Private Placement  March 31, 2009
   10




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
   Derivatives and Hedging
 Private Placement  December 2009 and January 2010
      11




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
    Number of Warrants
    
    Exercise Price935,000
    
    $
    0.253,740,000
    
    $
    0.501,870,000
    
    $
    1.0079,426
    
    $
    2.50873,686
    
    $
    3.757,498,112
 NOTE 4  RELATED PARTIES AND DEBT OBLIGATIONS
 Convertible Note Payable  Related Party
      12




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
 Note Payable  BOCO Investments, LLC
   NOTE 5  LICENSE AGREEMENTS AND RELATED MATTERS
  Bacterial Disorders License
  Viral Disorders License
  Cellular Transplant License
    13




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
  Bio Holding License
     14




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
 Future royalty payments under license agreements
 Minimum
    
    Milestone
    
    Earned
    
    SublicenseLicense Date
    
    Field of Use
    
    Royalties
    
    Royalties
    
    Royalties
    
    RoyaltiesMay 15, 2006
    
    Bacterial Disorders
    
    $25,000 per year
starting
May 15, 2011
    
    $30,000 to $300,000
(1)
    
    4% of Net Sales
    
    20% to 30%March 30, 2008
    
    Viral Disorders
(including HIV)
    
    $50,000 per year
after first
commercial sale
    
    $100,000 to
$150,000 (2)
    
    4% of Net Sales
    
    20% to 30%November 12, 2008
    
    Cellular
Transplantation
/Graft Rejection
    
    $50,000 per year
after first
commercial sale
    
    $25,000 to $200,000
(3)
    
    3% of Net Sales
    
    20% to 30%September 28, 2009
    
    Diabetes
    
    None
    
    None
    
    4% of Gross
Revenues (4)
    
    30% (4)
 1)
    
    Payable to RUC as follows: $30,000 upon completion of preclinical trial; $50,000 upon
completion of a phase I clinical trial; $100,000 upon completion of a phase II clinical
trial; $200,000 upon completion of a phase III clinical trial; and $300,000 upon receipt
of approval of FDA or foreign equivalent.(2)
    
    Payable to RUC as follows: $100,000 upon completion of any phase III clinical trial and
$150,000 upon first commercial sale. No milestone royalties are required for the first
indication. For the second indication, 100% of the milestone royalties shall be paid, and
for subsequent indications 50% of the milestone royalties shall be paid.(3)
    
    Payable to RUC as follows: $25,000 upon initiation of a phase II clinical trial;
$100,000 upon initiation of a phase III clinical trial; and $200,000 upon receipt of
approval of FDA or foreign equivalent.(4)
    
    Payable to Bio Holding.  Type 1 Diabetes Clinical Trial
 TM
  15




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
 TM
 NOTE 6  STOCKHOLDERS EQUITY
   NOTE 7  SHARE-BASED COMPENSATION
 Compensation  Stock Compensation
  June 30, 2009Expected life (years)
    
    
    5.0 to 7.0Expected volatility
    
    
    100
    %Risk-free interest rate
    
    
    1.86 to 3.37
    %Dividend yield
    
    
    0
    %
  16




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OMNI BIO PHARMACEUTICAL, INC. AND SUBSIDIARY
(A Development Stage Company)  Notes to Consolidated Financial Statements (Unaudited)
   2010
    
    
    2009(As restated)
    
    
    (As restated)Employees and directors
    
    $
    1,414,172
    
    
    $
    619,009Outside consultants
    
    
    1,059,881
    
    
    
    17,964$
    2,474,053
    
    
    $
    636,973
   WeightedWeighted
    
    
    AverageAverage
    
    
    RemainingExercise
    
    
    Contractual
    
    
    AggregateShares
    
    
    Price
    
    
    Term (in years)
    
    
    Intrinsic Value(As restated)Outstanding at March 31, 2010
    
    
    3,243,000
    
    
    $
    1.96Granted
    
    
    
    
    
    
    Exercised
    
    
    
    
    
    
    Forfeited/expired/cancelled
    
    
    
    
    
    
    Outstanding at June 30, 2010
    
    
    3,243,000
    
    
    $
    1.96
    
    
    
    5.4
    
    
    $
    25,331,000Vested and exercisable at June 30, 2010
    
    
    2,053,000
    
    
    $
    1.36
    
    
    
    5.1
    
    
    $
    17,701,000
  17




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##### Table of Contents



Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations.
 Restatement
  FORWARD LOOKING STATEMENTS
    Overview
   18




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##### Table of Contents



Current Scientific Developments
 Clinical Trial on Type I Diabetes
 TM
 TM
 Bacterial License and Associated Sponsored Research Agreement
  Viral License and Viral Sponsored Research Agreement
   19




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##### Table of Contents



Cellular Transplant/Graft Rejection License and Associated Sponsored Research Agreement
  Diabetes License Agreement
   Results of Operations  For the Three Months Ended June 30, 2010 Compared to the Three Months Ended
June 30, 2009
  Net loss 
 General and administrative expenses
 Other non-operating expenses
  20




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##### Table of Contents



Liquidity and Capital Resources
  Cash and Cash Equivalents
  Cash Flows from Operating Activities
  Cash Flows from Investing Activities
  Cash Flows from Financing Activities
  Anticipated Cash Commitments
   21




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##### Table of Contents



Critical Accounting Policies
  
 Item 3. Quantitative and Qualitative Disclosures About Market Risk.
  
 Item 4. Controls and Procedures.
 Disclosure Controls and Procedures
   Remediation of the Material Weakness
   22




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##### Table of Contents



Change in Internal Control over Financial Reporting
  
 PART II  OTHER INFORMATION.
 
 Item 1. Legal Proceedings.
  
 Item 1A. Risk Factors.
  
 Item 2. Unregistered Sales of Equity Securities and Use of Proceeds.
   
 Item 3. Defaults Upon Senior Securities.
  
 Item 5. Other Information.
   23




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Item 6. Exhibits.
 EXHIBIT #
    
    DESCRIPTION3.1
    
    Articles of Incorporation (incorporated by reference to Exhibit 3.1 to the Registrants
Registration Statement on Form SB-2 filed on March 2, 2007)3.2
    
    Amended and Restated Bylaws (incorporated by reference to Exhibit 3.1 to the Registrants
Current Report on Form 8-K filed on January 5, 2010)3.3
    
    Articles of Amendment for Across America Financial Services, Inc. including Amendment to
Articles of Incorporation of Across America Financial Services, Inc. (incorporated by
reference to Exhibit 3.3 to the Registrants Current Report on Form 8-K filed on June 2, 2009)10.1
    
    Investigational Site Agreement with the Regents of the University of Colorado, The Barbara
Davis Center and Dr. Peter Gottlieb dated June 7, 2010 (incorporated by reference to Exhibit
10.1 to the Registrants Quarterly Report on Form 10-Q for the quarterly period ended June 30,
2010)10.2
    
    Material Transfer Agreement with Baxter Healthcare Corporation dated March 19, 2010
(incorporated by reference to Exhibit 10.2 to the Registrants Quarterly Report on Form 10-Q
for the quarterly period ended June 30, 2010)31.1
    
    Certification of Acting Chief Executive Officer Pursuant to Rule 13a-14(a) under the
Securities Exchange Act of 1934 #31.2
    
    Certification of Chief Financial Officer Pursuant to Rule 13a-14(a) under the Securities
Exchange Act of 1934 #32.1
    
    Certification of Acting Chief Executive Officer Pursuant to Section 1350 of Chapter 63 of
Title 18 of the United States Code #32.2
    
    Certification of Chief Financial Officer Pursuant to Section 1350 of Chapter 63 of Title 18
of the United States Code #
 #
    
    Filed herewith  24




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SIGNATURES
  OMNI BIO PHARMACEUTICAL, INC.November 9, 2010
    By:
    /s/   Robert C. OgdenRobert C. OgdenChief Financial Officer
(Principal Financial and Accounting Officer)  25