ARADIGM CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of April 25, 2016 9.0% Convertible Senior Notes due 2021Indenture • April 28th, 2016 • Aradigm Corp • Electromedical & electrotherapeutic apparatus • New York
INDENTURE, dated as of April 25, 2016, between ARADIGM CORPORATION, a California corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
AMENDMENT TO GOVERNANCE AGREEMENTGovernance Agreement • April 28th, 2016 • Aradigm Corp • Electromedical & electrotherapeutic apparatus
This Amendment to Governance Agreement (this “Amendment”) is made and entered into as of April 21, 2016, effective as of the date hereof, by and between Aradigm Corporation (the “Company”), and Grifols, S.A. (“Grifols”).
SECURITIES PURCHASE AGREEMENT by and between ARADIGM CORPORATION and THE PURCHASERS NAMED ON SCHEDULES A and B HERETO Dated as of April 21, 2016Securities Purchase Agreement • April 28th, 2016 • Aradigm Corp • Electromedical & electrotherapeutic apparatus • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of April 21, 2016, is entered into by and between the purchasers listed on the Schedules of Purchasers attached hereto as Schedule A and Schedule B (individually, a “Purchaser” and collectively, the “Purchasers”), and ARADIGM CORPORATION, a California corporation (the “Company”). Purchasers and the Company are sometimes referred to as the “Parties.” Certain capitalized terms used in this Agreement are defined in Article I of this Agreement.
ESCROW AGREEMENTEscrow Agreement • April 28th, 2016 • Aradigm Corp • Electromedical & electrotherapeutic apparatus • New York
THIS ESCROW AGREEMENT, dated as of April 25, 2016 (“Agreement”), is by and between Aradigm Corporation, a California corporation (“Depositor”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as Escrow Agent hereunder (“Escrow Agent”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as Trustee (the “Trustee”) under the Underlying Agreement (defined below). Except as otherwise defined herein, capitalized terms in this Agreement shall have the meanings set forth in the Underlying Agreement (as defined below).
