Athyrium – Email Disclaimer

Electronic Communications Disclaimer

Please read the following carefully as it contains the conditions governing any electronic communications between you and Athyrium Capital Management, LP ("Athyrium"). By messaging with Athyrium you agree to these terms and conditions of use. Athyrium may amend these terms and conditions at any time without notice. You should check this webpage from time to time to review the current terms and conditions because they are binding on you and, if applicable, your organization.

Athyrium Capital Management, LP offers investment advisory services.

Unless otherwise specifically indicated, the contents of any electronic communication (including e-mail, instant message, text messaging, etc.) and its attachments are for informational purposes only, and should not be regarded as an offer to sell or a solicitation of an offer to buy any securities, futures, options, loans, investment products or other financial product or service, an official confirmation of any transaction, an official valuation, or an official statement of Athyrium. Attachments that are part of an electronic communication may have additional important disclosures and disclaimers, which you should read.

Electronic communications may contain privileged or confidential information, or may otherwise be protected by work product immunity or other legal rules. No confidentiality or privilege is waived or lost by any erroneously transmitted communication. Access, copying or re-use of information by non-intended or non-authorized recipients is prohibited. If you are not an intended recipient of an electronic communication, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute any portion of such electronic communication. Electronic communications are not intended for distribution to, or use by, any person or entity in any location where such distribution or use would be contrary to law or regulation, or which would subject any Athyrium affiliate to any registration requirement within such location. Athyrium does not waive any intellectual property rights in any electronic communication.

Electronic communications may contain certain statements, estimates and projections that are "forward-looking statements." All statements other than statements of historical fact in this communication are forward-looking statements and include statements and assumptions relating to: plans and objectives of management for future operations or economic performance; conclusions and projections about current and future economic and political trends and conditions; and projected financial results and results of operations. These statements can generally be identified by the use of forward-looking terminology including "may," "believe," "will," "expect," "anticipate," "estimate," "continue", "rankings" or other similar words. Athyrium does not make any representations or warranties (express or implied) about the accuracy of such forward-looking statements. Readers are cautioned that actual results of the investments referenced in this communication could differ materially from forward-looking statements; and readers of this communication are cautioned not to place undue reliance on forward-looking statements.

Athyrium cannot provide absolute assurances that all electronic transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, mis-delivered, destroyed, delayed, or intercepted/decrypted by others. Therefore, Athyrium advises against sending sensitive or personally identifiable information via electronic communications and disclaims all liability with regard to electronic communications (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.

Information in an electronic communication is subject to change without notice and unless otherwise indicated, the views expressed are the author's and may differ from those of others within Athyrium and the firm itself. The information represents a view as of the date of the electronic communication and is subject to change and/or withdrawal at any time without notice.

Any electronic communication that is conducted within or through Athyrium systems will be subject to being archived, monitored and produced to regulators and in litigation in accordance with Athyrium's policy and local laws, rules and regulations. Electronic communications may be archived in countries other than the country in which you are located, and may be treated in accordance with the laws and regulations of the country of each individual included in the entire message chain.

The information in an electronic communication is not intended to replace a recipient's own internal business processes for evaluating proposed transactions. Recipients should seek financial advice regarding the appropriateness of investing in any securities referred to in an electronic communication and should understand that statements regarding future prospects of the instruments or the securities included in them may not be realized. Past performance is not necessarily indicative of future results. Athyrium does not provide tax, accounting or regulatory advice.

Local and State Taxation and IRS Circular 230 Disclosure:

Please be advised that any discussion of U.S. tax matters contained within this communication (including any attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding U.S. tax related penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Please consult your advisor as to any tax, accounting or legal statements made herein.