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UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 FORM 10-K/A
 (Amendment No. 1)
 (Mark One)
 þ
    
    ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the fiscal year ended March 31, 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 of Other Jurisdiction of
    
    (I.R.S EmployerIncorporation or Organization)
    
    Identification No.)
 5350 South Roslyn, Suite 430, Greenwood Village, CO 80111
 303-867-3415
   Common Stock Par Value $0.001
 Yes o No þ.
 Yes o No þ
 Yes þ No o
 Yes o No 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 No þ
   DOCUMENTS INCORPORATED BY REFERENCE: None




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TABLE OF CONTENTS
 PART IIIItem 10. Directors, Executive Officers and Corporate Governance
    
    
    1Item 11. Executive Compensation
    
    
    5Item 12. Security Ownership of Certain Beneficial Owners and Management and
Related Stockholder Matters
    
    
    10Item 13. Certain Relationships and Related Transactions, and Director Independence
    
    
    12Item 14. Principal Accountant Fees and Services
    
    
    13PART IVItem 15. Exhibits and Financial Statement Schedules
    
    
    14SIGNATURES
    
    
    17Exhibit 31.1Exhibit 31.2Exhibit 32.1Exhibit 32.2




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EXPLANATORY NOTE




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PART III
 
 ITEM 10. DIRECTORS, EXECUTIVE OFFICERS AND CORPORATE GOVERNANCE.
 EXECUTIVE OFFICERS AND DIRECTORS
  Name
    
    Age
    
    PositionCharles A. Dinarello
    
    
    67
    
    
    Acting Chief Executive Officer and DirectorVicki D.E. Barone
    
    
    50
    
    
    Chairperson of the BoardMichael D. Iseman
    
    
    71
    
    
    DirectorMichael D. Wort
    
    
    60
    
    
    DirectorAlbert L. Kramer
    
    
    77
    
    
    DirectorSteven M. Bathgate
    
    
    55
    
    
    DirectorJeffrey S. Sperber
    
    
    46
    
    
    DirectorEdward C. Larkin
    
    
    59
    
    
    Chief Operating OfficerRobert C. Ogden
    
    
    50
    
    
    Chief Financial Officer, Secretary and Treasurer
  Charles A. Dinarello, MD
   1




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Vicki D.E. Barone
 Michael D. Iseman, MD
 Michael D. Wort
 Albert L. Kramer
 Steven M. Bathgate
  2




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Jeffrey S. Sperber
 Edward C. Larkin
 Robert C. Ogden
 Scientific Advisory Board
  James W. Mier, MD
 James D. Crapo, MD
 Dr. Eli C. Lewis, Ph.D
  3




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Principal Investigator
 Leland Shapiro, MD
 COMPLIANCE WITH SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934
  
    
    Charles A Dinarello failed to timely file a Form 3 relating to his appointment as a
director and our Acting Chief Executive Officer and one Form 4 relating to a grant of
warrants on April 7, 2009.
 
    
    Vicki D.E. Barone failed to timely file a Form 3 relating to her appointment as a
director and two Form 4s, one relating to a grant of warrants on January 29, 2010 and one
relating to the sale of common stock and issuance of options by GVC in connection with the
settlement of an arbitration proceeding on June 19, 2009.
 
    
    Steven M. Bathgate failed to timely file a Form 3 relating to his appointment as a
director and two Form 4s, one relating to a grant of warrants on January 29, 2010 and one
relating to the sale of common stock and issuance of options by GVC in connection with the
settlement of an arbitration proceeding on June 19, 2009.
 
    
    Albert L. Kramer failed to timely file a Form 3 relating to his appointment as a
director.
 
    
    Michael D. Iseman failed to timely file a Form 3 relating to his appointment as a
director and two Form 4s relating to grants of warrants on August 6, 2009 and October 12,
2009.
 
    
    Michael D. Wort failed to timely file a Form 3 relating to his appointment as a
director.
 
    
    Paul H. Dragul (former director of the Company) failed to timely file a Form 3 relating
to his appointment as a director.
 
    
    Edward C. Larkin failed to timely file a Form 3 relating to his appointment as an
executive officer of the Company.
  4




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CODE OF ETHICS
  NOMINATION OF DIRECTOR CANDIDATES
 th th
 AUDIT COMMITTEE
   
 ITEM 11. EXECUTIVE COMPENSATION.
 COMPENSATION DISCUSSION AND ANALYSIS
 General Philosophy and Objectives
 
    
    To attract, retain, motivate and reward key employees to drive the successful
implementation of the Companys current and long-term strategic, business and financial
goals;
  5




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
    
    To align the financial interests of our executives with those of our shareholders;
 
    
    To establish appropriate incentives for management and employees that are consistent
with our culture and values; and
 
    
    To provide an annual compensation program with a high emphasis on long-term equity-based
compensation.
   Salaries
  Equity Incentive Compensation
     6




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Tax and Accounting Considerations
 Tax Deductibility of Executive Compensation.
 Accounting.
 COMPENSATION COMMITTEE REPORT
  
  7




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SUMMARY COMPENSATION TABLE
  Option
    
    
    All OtherFiscal
    
    
    
    
    
    Awards
    
    
    CompensationName and Principal Position
    
    Year
    
    Salary ($)
    
    
    ($) (1)
    
    
    ($)
    
    
    Total ($)Charles A. Dinarello (2)
    
    2010
    
    $
    
    
    
    $
    632,437
    
    
    $
    
    
    
    $
    632,437Acting Chief Executive OfficerRobert C. Ogden (3)
    
    2010
    
    $
    72,500
    
    
    $
    262,092
    
    
    $
    
    
    
    $
    334,592Chief Financial OfficerEdward C. Larkin (4)
    
    2010
    
    $
    130,000
    
    
    $
    
    
    
    $
    10,146
    
    
    $
    140,146Chief Operating Officer
 (1)
    
    Amounts for option awards were calculated pursuant to FASB ASC Topic 718 Compensation  Stock
Compensation(ASC 718) and reflect compensation expense recognized in the fiscal year ended March
31, 2010 related to grants of stock purchase warrants exercisable into shares of our common stock.
For a discussion of the assumptions and methodologies used to calculate the amounts referred to
above, please see the disclosure under Note 9 to our consolidated financials statements of our
Annual Report on Form 10-K for the fiscal year ended March 31, 2010.(2)
    
    Dr. Dinarello was appointed Acting Chief Executive Officer on March 31, 2009. For Fiscal Year
2010, Dr. Dinarello was employed by the University of Colorado Denver and did not receive salary or
any cash compensation from the Company. During Fiscal Year 2010, he was granted warrants to
purchase 1,200,000 shares of our common stock. 600,000 warrants are currently exercisable at $0.50
per share and 150,000 are currently exercisable at $3.00 per share.(3)
    
    Mr. Ogden was appointed Chief Financial Officer of the Company in May 2009 and his reported
salary for fiscal year 2010 was for a partial year. He was initially engaged as a part-time
employee, but commenced full-time duties in the second half of fiscal year 2010. During fiscal
year 2010, he was granted warrants to purchase 350,000 shares of our common stock. 50,000 are
currently exercisable at $0.50 per share and 60,000 are currently exercisable at $3.00 per share.(4)
    
    Mr. Larkin received other compensation in the form of health and dental insurance premiums paid
on his behalf by the Company. OUTSTANDING EQUITY AWARDS AT FISCAL YEAR-END
  Number of
    
    
    Number ofSecurities
    
    
    SecuritiesUnderlying
    
    
    UnderlyingUnexercised
    
    
    Unexercised
    
    
    OptionOptions
    
    
    Options
    
    
    Exercise Price
    
    
    Option ExpirationName
    
    Exercisable(#)
    
    
    Unexercisable (#)
    
    
    ($)
    
    
    DateCharles A. Dinarello
    
    
    600,000
    
    
    
    
    
    
    $
    0.50
    
    
    April 7, 2016150,000
    
    
    
    450,000
    (1)
    
    $
    3.00
    
    
    November 13, 2016Robert C. Ogden
    
    
    50,000
    
    
    
    
    
    
    $
    0.50
    
    
    April 15, 201660,000
    
    
    
    240,000
    (2)
    
    $
    3.00
    
    
    November 13, 2016
 (1)
    
    The warrants were granted on November 13, 2010 and vest as follows: 150,000 on March 31, 2011,
150,000 on March 31, 2012 and 150,000 on March 31, 2013.(2)
    
    The warrants were granted on November 13, 2010 and vest as follows: 80,000 on September 30,
2010, 80,000 on September 30, 2011 and 80,000 on September 30, 2012.  8




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OPTION EXERCISES AND STOCK VESTED
  DIRECTOR COMPENSATION
  Fees Earned or
    
    
    Stock
    
    
    Option
    
    
    All OtherPaid in Cash
    
    
    Awards
    
    
    Awards
    
    
    Compensation
    
    
    TotalName
    
    ($)
    
    
    ($)
    
    
    ($) (7)
    
    
    ($)
    
    
    ($)Vicki D.E. Barone (1)
    
    
    
    
    
    
    
    
    
    $
    125,256
    
    
    
    
    
    
    $
    125,256Michael D. Iseman (2)
    
    
    
    
    
    
    
    
    
    $
    145,995
    
    
    
    
    
    
    $
    187,679Michael D. Wort (3)
    
    
    
    
    
    
    
    
    
    $
    187,728
    
    
    
    
    
    
    $
    187,728Albert L. Kramer (4)
    
    
    
    
    
    
    
    
    
    $
    125,256
    
    
    
    
    
    
    $
    125,256Steven M. Bathgate (5)
    
    
    
    
    
    
    
    
    
    $
    125,256
    
    
    
    
    
    
    $
    125,256Jeffrey S. Sperber (6)
    
    
    
    
    
    
    
    
    
    $
    124,944
    
    
    
    
    
    
    $
    124,944
 (1)
    
    On July 7, 2009, Ms. Barone was granted a warrant to purchase 50,000 shares of our common stock
at an exercise price of $3.00 per share for director services for Fiscal Year 2010. This warrant
vested on March 31, 2010.(2)
    
    On July 7, 2009, Dr. Iseman was granted a warrant to purchase 25,000 shares of our common stock
at an exercise price of $3.00 per share for the remainder of his first year of director services.
This warrant vested immediately upon grant. On August 6, 2009, he was granted a warrant to purchase
50,000 shares of our common stock at an exercise price of $3.00 per share for his second year of
director services. This warrant vests on August 5, 2010.(3)
    
    On July 7, 2009, Mr. Wort was granted two warrants to purchase a total of 50,000 shares of our
common stock at an exercise price of $3.00 per share for the remainder of his first year of
director service. Both of these warrants vested immediately upon grant. On October 1, 2009, he
was granted a warrant to purchase 50,000 shares of our common stock at an exercise price of $3.00
per share for his second year of director services. This warrant vests on September 30, 2010(4)
    
    On July 7, 2009, Mr. Kramer was granted a warrant to purchase 50,000 shares of our common stock
at an exercise price of $3.00 per share for director services for Fiscal Year 2010. This warrant
vested on March 31, 2010.(5)
    
    On July 7, 2009, Mr. Bathgate was granted a warrant to purchase 50,000 shares of our common
stock at an exercise price of $3.00 per share for director services for Fiscal Year 2010. This
warrant vested on March 31, 2010.(6)
    
    On October 12, 2009, Mr. Sperber was granted a warrant to purchase 100,000 shares of our common
stock at exercise price of $3.00 per share for his first year of director services. This warrant
vests on October 11, 2010.(7)
    
    Amounts for option awards were calculated pursuant to ASC 718 and reflect compensation expense
recognized in Fiscal Year 2010 related to grants of stock purchase warrants exercisable into shares
of our common stock. For a discussion of the assumptions and methodologies used to calculate the
amounts referred to above, please see the disclosure under Note 9 to our consolidated financial
statements of our Annual Report on Form 10-K for the fiscal year ended March 31, 2010.   9




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COMPENSATION COMMITTEE INTERLOCKS AND INSIDER PARTICIPATION
  
 ITEM 12. SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT AND RELATED STOCKHOLDER MATTERS.
  Percent ofNumber of Shares
    
    
    OutstandingName of Beneficial Owner
    
    Beneficially Owned
    
    
    Shares (1)5% Stockholders:BOCO Investments, LLC
    
    
    7,587,000
    (2)
    
    
    24.63
    %262 East Mountain Avenue
Fort Collins, CO 80524Leland Shapiro
    
    
    3,368,750
    (3)
    
    
    13.66
    %8765 East 29th Place
Denver, CO 80238F. Steven and Gayle S. Mooney
    
    
    2,300,000
    (4)
    
    
    8.06
    %3677 S. Huron Street, Suite 102
Englewood, CO 80110University License Equity Holdings, Inc.
    
    
    1,427,834
    (5)
    
    
    5.37
    %4740 Walnut Street, Suite 100
Boulder, CO 80309Directors and Named Executive Officers:Vicki D.E. Barone
    
    
    1,853,743
    (6)
    
    
    6.94Michael D. Iseman
    
    
    150,000
    (7)
    
    
    *Michael D. Wort
    
    
    1,100,000
    (8)
    
    
    4.05
    %Albert L. Kramer
    
    
    925,000
    (9)
    
    
    3.37
    %Steven M. Bathgate
    
    
    1,877,364
    (10)
    
    
    7.07
    %Jeffrey S. Sperber
    
    
    
    
    
    
    
  10




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Percent ofNumber of Shares
    
    
    OutstandingName of Beneficial Owner
    
    Beneficially Owned
    
    
    Shares (1)Charles A. Dinarello
    
    
    750,000
    (11)
    
    
    2.61
    %Edward C. Larkin
    
    
    500,000
    
    
    
    1.82
    %Robert C. Ogden
    
    
    110,000
    (12)
    
    
    *All directors and executive officers as
a group (9 persons)
    
    
    6,303,357
    
    
    
    25.02
    %
 
 *
    
    Less than one percent(1)
    
    Applicable percentage of ownership is based on 28,038,268 shares of common stock outstanding
on July 12, 2010. Beneficial ownership is determined in accordance with the rules and
regulations of the SEC and means that the holder has voting or investment power with respect
to the subject securities. Shares of common stock issuable upon the exercise of common stock
purchase warrants exercisable currently or within 60 days of July 12, 2010 (unless otherwise
noted) are deemed outstanding and to be beneficially owned by the person holding such warrant
for purposes of computing such persons percentage ownership but are not deemed outstanding
for the purpose of computing the percentage ownership of any other person. Except for shares
held jointly with a persons spouse or subject to applicable community property laws, or as
indicated in the footnotes to this table, each stockholder identified in the table possesses
sole voting and investment power with respect to all shares of common stock shown as
beneficially owned by such stockholder. Unless otherwise provided, the address of all
stockholders is 5350 S. Roslyn Street, Suite 430, Greenwood Village, CO 80111.(2)
    
    Based solely on information included in a Form 3 filed with the SEC on March 11, 2010.
Includes 2,412,000 shares owned, 725,000 shares underlying a warrant currently exercisable at
$0.25 per share, 3,000,000 shares underlying a warrant currently exercisable at $0.50 per
share and 1,450,000 shares underlying a warrant currently exercisable at $1.00 per share.(3)
    
    Based solely on information included in a Form 3 filed with the SEC on April 10, 2009.
Represents 3,368,750 shares owned.(4)
    
    Based solely on information included in a Form 13G filed with the SEC on July 28, 2009.
Includes 900,000 shares owned, 200,000 shares underlying a warrant currently exercisable at
$0.25 per share, 800,000 shares underlying a warrant currently exercisable at $0.50 per share
and 400,000 shares underlying a warrant currently exercisable at $1.00 per share.(5)
    
    Based solely on information included in a Form 13D filed with the SEC on April 23, 2009.
Represents 1,427,834 shares owned.(6)
    
    Includes 627,437 shares owned (of which 25,000 shares are held by Ms. Barones IRA), 100,000
shares underlying a warrant currently exercisable at $1.00 per share, 100,000 shares
underlying a warrant currently exercisable at $1.25 per share, 50,000 shares underlying a
warrant currently exercisable at $3.00 per share, 6,778 shares underlying a warrant
exercisable within 60 days from July 12, 2010 at $2.50 per share and 6,778 shares underlying a
warrant exercisable within 60 days from July 12, 2010 at $3.75 per share. Also includes
962,750 shares owned by GVC, of which Ms. Barone is a Senior Managing Partner. Ms. Barone
disclaims beneficial ownership of these shares.(7)
    
    Includes 75,000 shares underlying a warrant currently exercisable at $1.25 per share, 25,000
shares underlying a warrant currently exercisable at $3.00 per share and 50,000 shares
underlying a warrant exercisable within 60 days from July 12, 2010 at $3.00 per share.(8)
    
    Includes 1,000,000 shares owned, 50,000 shares underlying a warrant currently exercisable at
$1.25 per share and 50,000 shares underlying a warrant currently exercisable at $3.00 per
share.(9)
    
    Includes 775,000 shares owned, 100,000 shares underlying a warrant currently exercisable at
$1.25 per share and 50,000 shares underlying a warrant currently exercisable at $3.00 per
share.(10)
    
    Includes 50,250 shares owned, 578,750 shares owned by Mr. Bathgates spouse, 50,000 shares
owned by Mr. Bathgates daughter, 30,000 shares owned by Bathgate Family Partnership Ltd.,
50,000 shares underlying a warrant currently exercisable at $0.50 per share held by Mr.
Bathgates spouse, 100,000 shares underlying a warrant currently exercisable at $1.25 per
share, 50,000 shares underlying a warrant currently exercisable at $3.00 per share, 2,807
shares underlying a warrant exercisable within 60 days from July 12, 2010 at $2.50 per share
and 2,807 shares underlying a warrant exercisable within 60 days from July 12, 2010 at $3.75
per share. Mr. Bathgate disclaims beneficial ownership of all of the shares owned by his
family members and Bathgate Family Partnership Ltd. Also includes 962,750 shares owned by GVC,
of which Mr. Bathgate is a Senior Managing Partner. Mr. Bathgate disclaims beneficial
ownership of these shares.(11)
    
    Includes 600,000 shares underlying a warrant currently exercisable at $0.50 per share and
150,000 shares underlying a warrant currently exercisable at $3.00 per share.(12)
    
    Includes 50,000 shares underlying a warrant currently exercisable at $0.50 per share and
60,000 shares underlying a warrant currently exercisable at $3.00 per share.  11




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ITEM 13. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR INDEPENDENCE.
 RELATED PARTIES AND TRANSACTIONS
 GVC Capital LLC
   License Agreement with Bio Holding, Inc.
    University License Equity Holdings, Inc. (ULEHI)
 TM
 APPROVAL OF RELATED PARTY TRANSACTIONS
   12




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DIRECTOR INDEPENDENCE
  
 ITEM 14. PRINCIPAL ACCOUNTANT FEES AND SERVICES.
  2010
    
    
    2009Audit Fees
    
    $
    85,490
    
    
    $
    47,162Audit-Related Fees
    
    
    
    
    
    
    Tax Fees
    
    
    6,600
    
    
    
    600All Other Fees
    
    
    
    
    
    
    Total
    
    $
    92,090
    
    
    $
    47,762
 Audit Fees
  Audit Related Fees
  Tax Fees
  All Other Fees
    13




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PART IV
 
 ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES.
 (c) Exhibits.
  EXHIBIT #
    
    DESCRIPTION2.1
    
    
    Agreement of Merger and Plan of Reorganization dated November 17, 2008 (incorporated by
reference to Exhibit 10.3 to the Registrants Current Report on Form 8-K filed on November 21,
2008)2.2
    
    
    Agreement to Amend and Extend Agreement of Merger and Plan of Reorganization dated February
11, 2009 (incorporated by reference to Exhibit 10.4 to the Registrants Current Report on Form
8-K filed on February 18, 2009)2.3
    
    
    Second Agreement to Amend and Extend Agreement of Merger and Plan of Reorganization dated
March 11, 2009 (incorporated by reference to Exhibit 10.5 to the Registrants Current Report
on Form 8-K filed on March 13, 2009)2.4
    
    
    Third Agreement to Amend Agreement of Merger and Plan of Reorganization dated March 30, 2009
(incorporated by reference to Exhibit 2.4 to the Registrants Current Report on Form 8-K filed
on April 6, 2009)2.5
    
    
    Agreement and Plan of Merger between Maxcure Pharmaceutical, Inc. and Apro Bio Pharmaceutical
Corporation dated March 18, 2008 (incorporated by reference to Exhibit 2.5 to the Registrants
Annual Report on Form 10-K filed on June 29, 2009)3.1
    
    
    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. (incorporated by reference
to Exhibit 3.3 to the Registrants Current Report on Form 8-K filed on June 2, 2009)10.1
    
    
    Exclusive License Agreement with the Regents of the University of Colorado dated May 15, 2006
(incorporated by reference to Exhibit 10.4 to the Registrants Current Report on Form 8-K
filed on April 6, 2009)10.2
    
    
    Sponsored Research Agreement with the Regents of the University of Colorado dated May 15,
2006, (incorporated by reference to Exhibit 10.6 to the Registrants Current Report on Form
8-K filed on April 6, 2009)10.3
    
    
    Services Agreement with The Board of Governors of the Colorado State University System dated
June 18, 2007 (incorporated by reference to Exhibit 10.7 to the Registrants Current Report on
Form 8-K filed on April 6, 2009)
  14




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EXHIBIT #
    
    DESCRIPTION10.4
    
    
    Exclusive License Agreement with the Regents of the University of Colorado dated March 31,
2008, as amended (incorporated by reference to Exhibit 10.8 to the Registrants Current Report
on Form 8-K filed on April 6, 2009)10.5
    
    
    Exclusive License Agreement with the Regents of the University of Colorado dated November 12,
2008 (incorporated by reference to Exhibit 10.9 to the Registrants Current Report on Form 8-K
filed on April 6, 2009)10.6
    
    
    License Agreement with Bio Holding, Inc. dated September 28, 2009 (incorporated by reference
to Exhibit 10.1 to the Registrants Current Report on Form 8-K filed on October 2, 2009)10.7
    
    
    Settlement Agreement with David Olson (incorporated by reference to Exhibit 10.10 to the
Registrants Current Report on Form 8-K filed on April 6, 2009)10.8
    
    
    Settlement Agreement with David Floor (incorporated by reference to Exhibit 10.11 to the
Registrants Current Report on Form 8-K filed on April 6, 2009)10.9
    
    
    Form of Advisor Warrant dated March 31, 2009 (incorporated by reference to Exhibit 10.11 to
the Registrants Annual Report on Form 10-K filed on June 29, 2009)10.10
    
    
    Subscription Agreement and Letter of Investment (incorporated by reference to Exhibit 10.12
to the Registrants Annual Report on Form 10-K filed on June 29, 2009)10.11
    
    
    Form of Investor Warrant exercisable at $0.25 per share dated March 31, 2009 (incorporated
by reference to Exhibit 10.13 to the Registrants Annual Report on Form 10-K filed on June 29,
2009)10.12
    
    
    Form of Investor Warrant exercisable at $0.50 per share dated March 31, 2009 (incorporated
by reference to Exhibit 10.14 to the Registrants Annual Report on Form 10-K filed on June 29,
2009)10.13
    
    
    Form of Investor Warrant exercisable at $1.00 per share dated March 31, 2009 (incorporated
by reference to Exhibit 10.15 to the Registrants Annual Report on Form 10-K filed on June 29,
2009)10.14
    
    
    Form of Two-Year Subscription and Lock-up Agreement (incorporated by reference to Exhibit
10.16 to the Registrants Annual Report on Form 10-K filed on June 29, 2009)10.15
    
    
    Form of Three-Year Subscription and Lock-up Agreement (incorporated by reference to Exhibit
10.17 to the Registrants Annual Report on Form 10-K filed on June 29, 2009)10.16
    
    
    Warrant dated December 16, 2009 issued to Charles A. Dinarello (incorporated by reference to
Exhibit 10.1 to the Registrants Current Report on Form 8-K filed on December 22, 2009)10.17
    
    
    Warrant dated December 16, 2009 issued to Robert C. Ogden (incorporated by reference to
Exhibit 10.2 to the Registrants Current Report on Form 8-K filed on December 22, 2009)14.1
    
    
    Code of Business Conduct and Ethics (incorporated by reference to Exhibit 14.1 to the
Registrants Annual Report on Form 10-K filed on June 25, 2010)21
    
    
    Subsidiaries of the Registrant (incorporated by reference to Exhibit 14.1 to the Registrants
Annual Report on Form 10-K filed on June 25, 2010)
  15




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EXHIBIT #
    
    DESCRIPTION31.1
    
    
    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  16




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SIGNATURES
  OMNI BIO PHARMACEUTICAL, INC.July 26, 2010
    By:
    /s/   Robert C. OgdenRobert C. OgdenChief Financial Officer  17