Commercialization Milestones. The Milestone Payments for Commercialization Milestone Events are set forth in Table 2 below. Such Milestone Payments will be payable to Moderna by Merck within [***] days of the end of the Calendar Quarter in which first achievement [***] by Merck of the applicable Milestone Event with respect to a given Product occurs.
Commercialization Milestones. Ikaria shall pay each of the following milestone payments to BioLineRx within [**] days after the achievement of such milestone:
1. Annual Net Sales in Territory exceed $[**] in a Calendar Year $ [**]
2. Annual Net Sales in Territory exceed $[**] in a Calendar Year $ [**]
3. Annual Net Sales in Territory exceed $[**] in a Calendar Year $ [**] Each of the milestones set forth in Section 4.1(a) and Section 4.1(b) shall be paid only once regardless of the number of Products that achieve such milestone.
Commercialization Milestones. (a) Connetics shall use its Best Efforts to develop, seek FDA clearance for marketing of, commercialize and sell Licensed Products in the Territory in all Areas of the Field of Use. The Parties acknowledge that a new company, named InterMune Pharmaceuticals, Inc. (“InterMune”), has been incorporated to conduct development and commercialization of Licensed Products in the Field of Use pursuant to an appropriate sublicense from Connetics to Intermune. Connetics agrees to perform the following Commercialization Milestones no later than the date set forth below opposite the appropriate Commercialization Milestone description:
Commercialization Milestones. Upon the attainment of certain milestone events by an Ampliphi Product (whether such attainment is achieved by Ampliphi, an Affiliate of Ampliphi, or sublicensee of Ampliphi), Ampliphi has agreed to make certain milestone payments to Intrexon as generally set forth below in Sections 5.2(a) and 5.2(b), which payments (subject to the terms and conditions of the Equity Agreement) shall be either in cash or in Ampliphi common stock at Ampliphi’s sole discretion.
Commercialization Milestones. For each Draft Pick Target, for the first achievement of the Commercialization Milestone Events set forth in this Section 5.4(d) by a Licensed Product directed to such Draft Pick Target, which Licensed Product is Covered at the time of sale by a Valid Issued Claim (i) in the Constellation Licensed IP or the Research Collaboration IP, in the case of Commercialization Milestone Events for Licensed Products directed to Genentech Draft Pick Targets, or (ii) in the Research Collaboration IP, in the case of Commercialization Milestone Events for Licensed Products directed to Constellation Draft Pick Targets (the Patents in (i) or (ii), as applicable, the “Royalty Bearing Patents”), the Commercializing Party will make the following one-time payments (the “Commercialization Milestone Payments”) to the other Party (which, with respect to payments to be made by Constellation, shall be made to Genentech) within [**] after the end of the first calendar year in which the worldwide Net Sales of such Licensed Product exceeds the applicable milestone amounts below:
(i) Net Sales of $[**] [**]
(ii) Net Sales of $[**] [**]
Commercialization Milestones. GSK shall pay to Anacor, [***]. [***]
Commercialization Milestones. Within […***…] days after the first achievement of each milestone event set forth in the table below with respect to each Lilly Target Pair (each, a “Commercialization Milestone Event”), Lilly shall make the corresponding milestone payment to Zymeworks (each, a “Commercialization Milestone Payment”) (For clarity, with respect to each Lilly Target Pair, […***…] Product Directed to such Lilly Target Pair shall be eligible for a Commercialization Milestone Payment except that (with respect to each Lilly Target Pair), […***…] will be eligible for a Commercialization Milestone Payment upon achievement of Commercialization Milestone Events 4, 6 and 8, set forth below):
1. […***…] USD $[…***…]
2. […***…] USD $[…***…]
3. […***…] USD $[…***…]
4. […***…] USD $[…***…]
5. […***…] USD $[…***…]
6. […***…] USD $[…***…]
7. […***…] USD $[…***…]
8. […***…] USD $[…***…] For purposes of the Commercial Milestone Payments, each Product containing a different Antibody or other active pharmaceutical ingredient shall be considered a distinct Product.
Commercialization Milestones. After the first achievement of each milestone event set forth in the table below (each, a “Commercialization Milestone Event”), Jazz shall make the corresponding milestone payment to Zymeworks (each, a “Commercialization Milestone Payment”) in accordance with Section 9.5(b): [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] For clarity, each of the foregoing Commercialization Milestone Payments will be payable only once. In the event that more than one Commercialization Milestone Event is first achieved in a given Calendar Year, Jazz shall pay Zymeworks the Commercialization Milestone Payment associated with each such Commercialization Milestone Event achieved during such Calendar Year. [***] The maximum aggregate amount payable pursuant to this Section 9.4 following achievement of all Commercialization Milestone Events is USD 862.5 million.
Commercialization Milestones. (a) Subject to Section 6.2.2(b), GSK shall, within [ * ] of the first occurrence of each event set forth below with respect to each Licensed Product, pay to EXEL the following non-refundable milestone payments:
Commercialization Milestones. (a) Connetics shall use its Best Efforts to develop, seek FDA clearance for marketing of, commercialize and sell Licensed Products in the Territory in all Areas of the Field of Use. The Parties acknowledge that a new company, named InterMune Pharmaceuticals, Inc. ("InterMune"), has been incorporated to conduct development and commercialization of Licensed Products in the Field of Use pursuant to an appropriate sublicense from Connetics to Intermune. Connetics agrees to perform the following Commercialization Milestones no later than the date set forth below opposite the appropriate Commercialization Milestone description: [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
(a) Completion of the formation of InterMune May 1, 1998
(b) Execution of a sublicense agreement granting to InterMune rights, as permitted in this Agreement, necessary to perform development of Licensed Products in the Field June 1, 1998
(c) Closing of at least [ * ] in equity financing of InterMune by third parties and/or Connetics July 15, 1998
(d) Closing of at least another additional [ * ] in equity financing of InterMune by third parties and/or Connetics September 1, 1998
(e) Enrollment and active participation [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. of the first patient in the first new clinical trial for a Licensed Product in the Field of Use in the Territory October 1, 1998
(b) If Connetics fails to perform any of the Commercialization Milestones described in 3.1 (a) through (e) inclusive by the applicable Date of Completion for any reason within Connetics' control, then, notwithstanding the termination provisions in Section 11.2 below, Genentech shall have the right to terminate this Agreement and the licenses granted to Connetics hereunder, upon written notice to Connetics, which termination shall become effective thirty (30) days after Genentech's sending written notice of such termination, unless such Commercialization Milestone has been completed prior to the expiration of such thirty day period. If Connetics fails to perform any of the Commercialization Milestones for causes beyond Connetics' control,...
