Common use of Delivery of Certain Information Clause in Contracts

Delivery of Certain Information. (a) So long as Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered to Novo Nordisk the following information, which, in the case of financial information, shall be prepared in accordance with GAAP consistently applied: (i) no later than thirty (30) Business Days after the end of each fiscal month, an unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month, and where Aradigm prepares such financial information, setting forth in comparative form the figures for the corresponding periods in the previous fiscal year for the periods in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstanding, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and the financial impact of changes in accounting principles having a material impact on Aradigm’s operations (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(a) will not be available for delivery within the time prescribed by this Section 3.2(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days after the end of the relevant fiscal month) deliver to Novo Nordisk an estimated unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related estimated unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month (in each case clearly indicating that such financial information represents estimates) and (ii) deliver to Novo Nordisk the final version of such financial information no later than five (5) Business Days after Aradigm prepares the final version of the estimated financial information; (ii) within ten (10) days of receipt, any notice or other communication from any lender, bank or other person to whom Aradigm is indebted, alleging the existence of any facts or circumstances that, individually or in the aggregate, constitute or with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and (iii) no later than April 30, July 31, October 31, and January 31 of each calendar year in which Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) months. (b) Novo Nordisk promptly shall deliver written notification to Aradigm at such time when Novo Nordisk is no longer required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting.

Delivery of Certain Information. (a) So long as Novo Nordisk is required to report its share of Aradigm’s 's earnings or loss from its investment in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered to Novo Nordisk the following information, which, in the case of financial information, shall be prepared in accordance with GAAP generally accepted accounting principles consistently applied: (i) no later than thirty (30) Business Days business days after the end of each fiscal month, an unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month, and where Aradigm prepares such financial information, setting forth in comparative form the figures for the corresponding periods in the previous fiscal year for the periods in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstanding, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and the financial impact of changes in accounting principles having a material impact on Aradigm’s 's operations (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(a4.3(a) will not be available for delivery within the time prescribed by this Section 3.2(a4.3(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days business days after the end of the relevant fiscal month) deliver to Novo Nordisk an estimated unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related estimated unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month (in each case clearly indicating that such financial information represents estimates) and (ii) deliver to Novo Nordisk the final version of such financial information no later than five (5) Business Days business days after Aradigm prepares the final version of the estimated financial information;; and (ii) within ten (10) days of receipt, any notice or other communication from any lender, bank or other person to whom Aradigm is indebted, alleging the existence of any facts or circumstances that, individually or in the aggregate, constitute or with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and. (iiib) no later than April 30, July 31, October 31, and January 31 of each calendar year in which Aradigm agrees to provide to Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) months. months beginning January 1, 2002 no later than thirty (b30) days after the beginning of each such three month period; provided, that Aradigm will provide such information to Novo Nordisk promptly shall deliver written notification to Aradigm at such time when only as long as Novo Nordisk is no longer required to report its share of Aradigm’s 's earnings or loss from its investment in Aradigm under the equity method of accounting.

Delivery of Certain Information. The Company shall furnish to Sumitovant Bio (in English): (a) So long As soon as Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment practicable, but in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered to Novo Nordisk the following information, which, in the case of financial information, shall be prepared in accordance with GAAP consistently applied: (i) no later than thirty (30) Business Days any event within 10 days after the end of each fiscal monthquarter, an unaudited a statement showing the number of shares of each class and series of shares and Convertible Securities outstanding at the end of the period, the Common Shares issuable upon conversion or exercise of any outstanding Convertible Securities and the exchange ratio or exercise price applicable thereto, and the number of Convertible Securities (and Common Shares into which they will be convertible) not yet issued but reserved for issuance, if any, all in sufficient detail as to permit the Holders to calculate their respective percentage equity ownership in the Company. (b) Within 90 days after the end of each of the Company’s fiscal years commencing with the fiscal year ending March 31, 2020, a consolidated balance sheet of Aradigm the Company and its Subsidiaries as of at the end of such fiscal month year and the related unaudited consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month, and where Aradigm prepares such financial informationyear, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year for the periods year, audited and accompanied by a report and opinion of independent public accountants of nationally recognized standing, which report and opinion must be prepared in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstanding, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due accordance with GAAP to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and effect that such consolidated financial statements present fairly in all material respects the financial impact condition, results of changes operations, shareholders’ equity and cash flows of the Company and its Subsidiaries on a consolidated basis in accounting principles having a material impact on Aradigm’s operations accordance with GAAP consistently applied. (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(ac) will not be available for delivery within the time prescribed by this Section 3.2(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days Within 45 days after the end of each of the relevant Company’s first three fiscal month) deliver to Novo Nordisk an estimated unaudited quarters of any fiscal year, a consolidated balance sheet of Aradigm the Company and its Subsidiaries as of at the end of such fiscal month and quarter, the related estimated unaudited consolidated statements of income or operations and shareholders’ equity for such fiscal quarter and for the portion of the Company’s fiscal year then ended a related consolidated statement cash flows for the portion of the Company’s fiscal year then ended, in each case setting forth in comparative form, as applicable, the figures for the corresponding period of the previous fiscal year and the corresponding portion of the previous fiscal year, certified by a Responsible Officer of the Company as fairly presenting in all material respects the financial condition, results of operations, shareholders’ equity and cash flows of the Company and its Subsidiaries on a consolidated basis in accordance with GAAP consistently applied, subject only to normal year-end audit adjustments and the absence of notes. (d) As soon as practicable after approval by the Board, the Company’s Rolling Forecast for each calendar quarter and any other extension, amendment, modification or supplement to the Rolling Forecast. (e) As soon as available (and in any event within 90 days after the end of each of the Company’s fiscal years), an annual report on Form 10-K of the Company for such fiscal month year. Notwithstanding the foregoing, the Company may deliver the documents required to be delivered under Sections 3.2(b), (c), and (e) electronically and such documents will be deemed to have been delivered on the date on which the Company files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor thereto, and for the elapsed portion purposes of the fiscal year ended with certification of a Responsible Officer required in Section 3.2(c), the last day of such month (certifications filed in each case clearly indicating that such financial information represents estimates) and (ii) deliver to Novo Nordisk the final version of such financial information no later than five (5) Business Days after Aradigm prepares the final version connection therewith under Section 906 of the estimated financial information; (ii) within ten (10) days Sarbanes Oxley Act of receipt2002, any notice or other communication from any lenderas amended, bank or other person are deemed to whom Aradigm is indebted, alleging the existence of any facts or circumstances that, individually or in the aggregate, constitute or with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and (iii) no later than April 30, July 31, October 31, and January 31 of each calendar year in which Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) monthssatisfy such requirements. (b) Novo Nordisk promptly shall deliver written notification to Aradigm at such time when Novo Nordisk is no longer required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting.

Delivery of Certain Information. The Company will deliver to Sumitovant Bio: (a) So long As soon as Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment practicable, but in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered to Novo Nordisk the following information, which, in the case of financial information, shall be prepared in accordance with GAAP consistently applied: (i) no later than thirty (30) Business Days any event within 10 days after the end of each fiscal monthquarter, an unaudited a statement showing the number of shares of each class and series of shares and Convertible Securities outstanding at the end of the period, the Common Shares issuable upon conversion or exercise of any outstanding Convertible Securities and the exchange ratio or exercise price applicable thereto, and the number of Convertible Securities (and Common Shares into which they will be convertible) not yet issued but reserved for issuance, if any, all in sufficient detail as to permit the Holders to calculate their respective percentage equity ownership in the Company, and certified by the chief financial officer or chief executive officer of the Company as being true, complete, and correct. (b) Within 90 days after the end of each of the Company’s fiscal years commencing with the fiscal year ending March 31, 2020, a consolidated balance sheet of Aradigm the Company and its Subsidiaries as of at the end of such fiscal month year and the related unaudited consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month, and where Aradigm prepares such financial informationyear, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year for the periods year, audited and accompanied by a report and opinion of independent public accountants of nationally recognized standing, which report and opinion must be prepared in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstanding, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due accordance with GAAP to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and effect that such consolidated financial statements present fairly in all material respects the financial impact condition, results of changes operations, shareholders’ equity and cash flows of the Company and its Subsidiaries on a consolidated basis in accounting principles having a material impact on Aradigm’s operations accordance with GAAP consistently applied. (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(ac) will not be available for delivery within the time prescribed by this Section 3.2(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days Within 45 days after the end of each of the relevant Company’s first three fiscal month) deliver to Novo Nordisk an estimated unaudited quarters of any fiscal year, a consolidated balance sheet of Aradigm the Company and its Subsidiaries as of at the end of such fiscal month and quarter, the related estimated unaudited consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal month quarter and for the elapsed portion of the Company’s fiscal year ended with the last day of such month (then ended, in each case clearly indicating that such financial information represents estimates) and (ii) deliver to Novo Nordisk setting forth in comparative form, as applicable, the final version of such financial information no later than five (5) Business Days after Aradigm prepares figures for the final version corresponding period of the estimated previous fiscal year and the corresponding portion of the previous fiscal year, certified by a Responsible Officer of the Company as fairly presenting in all material respects the financial information; (ii) within ten (10) days condition, results of receiptoperations, any notice or other communication from any lendershareholders’ equity and cash flows of the Company and its Subsidiaries on a consolidated basis in accordance with GAAP consistently applied, bank or other person subject only to whom Aradigm is indebted, alleging normal year-end audit adjustments and the existence absence of any facts or circumstances that, individually or in the aggregate, constitute or with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and (iii) no later than April 30, July 31, October 31, and January 31 of each calendar year in which Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) monthsnotes. (bd) Novo Nordisk promptly shall As soon as practicable after approval by the Board, the Company’s Rolling Forecast for each calendar quarter and any other extension, amendment, modification or supplement to the Rolling Forecast. (e) As soon as available (and in any event within 90 days after the end of each of the Company’s fiscal years), an annual report on Form 10-K of the Company for such fiscal year. Notwithstanding the foregoing, the Company may deliver written notification to Aradigm at such time when Novo Nordisk is no longer the documents required to report its share of Aradigmbe delivered under Sections 3.2(b), (c), and (e) electronically and such documents will be deemed to have been delivered on the date on which the Company files such documents with the SEC and such documents are publicly available on the SEC’s earnings XXXXX filing system or loss from its investment in Aradigm under the equity method of accountingany successor thereto.

Delivery of Certain Information. (a) The Issuer shall maintain a system of accounting established and administered in accordance with sound business practices to permit preparation of financial statements in conformity with GAAP (as defined in Condition 7 of the Terms and Conditions of the Securities). So long as Novo Nordisk is required any Securities are Outstanding (as defined in Section 11(d) hereof) and subject to report its share the second sentence of Aradigm’s earnings subsection (b) below, the Issuer will furnish or loss from its investment in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered furnished to Novo Nordisk the following informationFiscal Agent and, whichupon request of a holder of Securities, the Fiscal Agent shall furnish to such holder, as soon as available, a copy (in the case of financial information, shall be prepared in accordance with GAAP consistently applied:English): (i) no later than thirty (30) Business Days as soon as practicable and in any event within 60 days after the end of each of the first three fiscal monthquarters of the fiscal year of the Issuer, an unaudited a copy of the consolidated balance sheet of Aradigm the Issuer and its Subsidiaries (as defined in Condition 7 of the Terms and Conditions of the Securities), as at the end of such fiscal month the period, and the related unaudited consolidated statements of income and cash flows of the Issuer and its Subsidiaries for such fiscal month quarter and for the elapsed portion fiscal year to date, certified by the chief financial officer, treasurer or controller of the fiscal year ended with Issuer as fairly presenting the last day financial condition of such month, the Issuer and where Aradigm prepares such financial information, setting forth its Subsidiaries in comparative form all material respects as at the figures for dates indicated and the corresponding periods results of their operations and changes in the previous fiscal year cash flows for the periods indicated in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstandingaccordance with GAAP, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and the financial impact of changes in accounting principles having a material impact on Aradigm’s operations (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(a) will not be available for delivery within the time prescribed by this Section 3.2(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days after the end of the relevant fiscal month) deliver to Novo Nordisk an estimated unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related estimated unaudited consolidated statements of income and cash flows for such fiscal month and except for the elapsed portion absence of the fiscal year ended with the last day of such month (in each case clearly indicating that such financial information represents estimates) footnotes and (ii) deliver subject to Novo Nordisk the final version of such financial information no later than five (5) Business Days after Aradigm prepares the final version of the estimated financial informationchanges resulting from audit and normal year-end adjustment; (ii) as soon as practicable and in any event within ten (10) 90 days after the end of receipteach fiscal year of the Issuer, any notice commencing with fiscal year 1996, a copy of the consolidated balance sheet of the Issuer and its Subsidiaries as at the end of such year and the related consolidated statement of income, stockholders' equity and cash flows of the Issuer and its Subsidiaries for such fiscal year, accompanied by a report thereon of and a letter from Xxxxxx Xxxxxxxx LLP or other communication from any lender, bank or other person independent public accountants of recognized international standing; which report shall be unqualified as to whom Aradigm is indebted, alleging going concern and scope of audit and shall state that such consolidated financial statements present fairly in all material respects the existence financial position of any facts or circumstances that, individually or the Issuer and its Subsidiaries as at the dates indicated and the results of operations and cash flows for the periods indicated in conformity with GAAP (except as otherwise stated therein) and that the aggregate, constitute or examination by such accountants in connection with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and (iii) no later than April 30, July 31, October 31, and January 31 of each calendar year such consolidated financial statements has been made in which Novo Nordisk is required to report its share of Aradigm’s earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) months.accordance with generally accepting auditing standards; (b) Novo Nordisk promptly As soon as practicable after the same are available to the Issuer, the Issuer will deliver to the Fiscal Agent and, upon request of a holder of Securities, the Fiscal Agent shall furnish to such holder as soon as available, a copy (in English), of all material financial statements, reports, notices and proxy statements, if any, sent or made available by the Issuer to its bondholders generally, of all material regular and periodic reports and other filings, if any, made by the Issuer with any securities exchange or the Securities and Exchange Commission, and of all press releases and other statements made available generally by the Issuer to the public concerning material developments in the business of the Issuer and its Subsidiaries taken as a whole. Notwithstanding the foregoing, the Issuer shall have no obligation under this subsection to deliver written notification to Aradigm at the Fiscal Agent copies of (i) court filings and related documents, (ii) state securities or "blue sky" filings, (iii) filings relating to routine business matters such time when Novo Nordisk is no longer as permits, etc. and (iv) filings pursuant to the consent decree between the Issuer and the U.S. Federal Trade Commission dates July 12, 1978. As to any information contained in materials furnished pursuant to this subsection, the Issuer shall not be separately required to report its share furnish such information under subsection (a) above, but the foregoing shall not derogate the obligation of Aradigm’s earnings or loss from its investment the Issuer to furnish the information and material described in Aradigm under subsection (a) above at the equity method of accountingtimes specified therein.

Delivery of Certain Information. (a) So long as Novo Nordisk is required to report its share of Aradigm’s 's earnings or loss from its investment in Aradigm under the equity method of accounting, Aradigm shall cause to be prepared and delivered to Novo Nordisk the following information, which, in the case of financial information, shall be prepared in accordance with GAAP consistently applied: (i) no later than thirty (30) Business Days after the end of each fiscal month, an unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month, and where Aradigm prepares such financial information, setting forth in comparative form the figures for the corresponding periods in the previous fiscal year for the periods in such fiscal year and providing corresponding information indicating the total number of shares of Common Stock issued and outstanding, the total number of shares of Common Stock issuable upon exercise of issued and outstanding incentive stock options, the total changes reflected in the consolidated statements of income due to the grant or exercise of incentive stock options (if any) and a summary narrative explaining the reason for and the financial impact of changes in accounting principles having a material impact on Aradigm’s 's operations (if any); provided that if Aradigm believes that the financial information required to be delivered to Novo Nordisk pursuant to this Section 3.2(a) will not be available for delivery within the time prescribed by this Section 3.2(a), then Aradigm shall (i) promptly (but in no event later than thirty (30) Business Days after the end of the relevant fiscal month) deliver to Novo Nordisk an estimated unaudited consolidated balance sheet of Aradigm as of the end of such fiscal month and the related estimated unaudited consolidated statements of income and cash flows for such fiscal month and for the elapsed portion of the fiscal year ended with the last day of such month (in each case clearly indicating that such financial information represents estimates) and (ii) deliver to Novo Nordisk the final version of such financial information no later than five (5) Business Days after Aradigm prepares the final version of the estimated financial information; (ii) within ten (10) days of receipt, any notice or other communication from any lender, bank or other person to whom Aradigm is indebted, alleging the existence of any facts or circumstances that, individually or in the aggregate, constitute or with the passing of time would constitute, a default under, or give rise to any termination, cancellation or acceleration of any right or obligation of Aradigm or to a loss of any benefit to which Aradigm is entitled under any provision of any note, loan, credit or similar instrument or agreement; and (iii) no later than April 30, July 31, October 31, and January 31 of each calendar year in which Novo Nordisk is required to report its share of Aradigm’s 's earnings or loss from its investment in Aradigm under the equity method of accounting, a condensed forecasted statement of income representing one (1) quarterly forecast for a three (3) month period only once every three (3) months. (b) Novo Nordisk promptly shall deliver written notification to Aradigm at such time when Novo Nordisk is no longer required to report its share of Aradigm’s 's earnings or loss from its investment in Aradigm under the equity method of accounting.