Milestone 2. As soon as practicable after Milestone 2 has been achieved, the Buyer must give written notice to the Sellers to that effect (Milestone 2 Notice), and the Buyer must cause the Milestone 2 Shares to be issued to the Sellers in accordance with clause 7.5.
Milestone 2. Upon the Parties’ joint confirmation that completion of Milestone 2 has occurred, STRATEC shall invoice QTX for the amount due and shall be entitled to receive the Warrants as set forth above. QTX shall remit Payment to STRATEC and provide an enforceable document evidencing the issue of the Warrants earned within thirty (30) days of receipt of the invoice.
Milestone 2. Milestone 2 shall be satisfied upon the achievement of freedom to operate (as specified below) with respect to relevant claims in the Interfering Patent for Fluidigm’s Topaz3 crystallization microprocessor, as determined by Fluidigm in its sole discretion that either (i) a U.S. patent has issued from an application listed on Exhibit D or subsequent applications claiming priority thereto with claims that the USPTO has determined are entitled to priority in view of claims in the Interfering Patent and which claims cover the Topaz crystallization microprocessor, or (ii) a cross-license for the Technology has been signed by Fluidigm and a third party controlling the Interfering Patent and related applications such that the interference is terminated and Fluidigm has freedom to operate with respect to the Interfering Patent and related filings. Within thirty (30) days after such determination by Fluidigm, Fluidigm will issue shares of its stock having a value of $1,500,000 (based on the fair value at the time Milestone 2 is achieved), subject to compliance with applicable securities laws. In addition, (i) Fluidigm will enter into a non-transferable site license with Athersys, Inc. (“Athersys”) under which Athersys will have the right to use the Technology for internal drug efforts, but not to provide service or equipment to third parties.
Milestone 2. At such time as the VideoFusion Employees (i) complete development of VideoFusion Andretti in accordance with mutually agreed upon written specifications delivered at or before the Closing (the "ANDRETTI SOFTWARE PRODUCT"), (ii) prepare end-user documentation relating to VideoFusion Andretti (the "ANDRETTI END-USER DOCUMENTATION") and (iii) produce an Andretti Software Product and Andretti End-User Documentation of a quality sufficient for commercial shipment purposes (the attainment of items (i), (ii) and (iii) collectively referred to as "MILESTONE 2"), Radius will issue and deliver $421,150 in shares of Radius Common Stock valued at the Milestone Valuation. The value of such payment will be reduced by $21,058 for each week, or portion thereof, that the completion of Milestone 2 is delayed beyond the date that is three (3) months after completion of Milestone 1.
Milestone 2. Reformulation and Purification -------------------------------------------
Milestone 2. In the event that Foot & Ankle Revenue for the period between January 1, 2015 and December 31, 2015 (the “Second Period”) exceeds Baseline Revenue in the Second Period by an amount equal to or greater than $14,000,000, Acquiror shall pay to the Paying Agent, within 30 Business Days of such determination and in no event later than three months following the end of the Second Period, a payment in the amount of $2,000,000.
Milestone 2. Manufacture of Pilot Stability Batch at One-Tenth Scale. Supplier shall undertake tasks for the manufacture of a pilot stability batch as set forth in Exhibit 2. The total time for completion of the tasks for Milestone 2 to the mutual satisfaction of the Parties shall be about 6 to 8 weeks with an anticipated completion date of April 6, 2007.
Milestone 2. Within six (6) months of contract award, the Contractor shall submit to HHS for review and acceptance complete milestone-driven Clinical Development and Regulatory Licensure Plans to initiate new antiviral development, clinical studies, as appropriate based on the current stage of development and as outlined in the development, testing, and manufacturing plan.
Milestone 2. Milestone 2 shall be satisfied upon the achievement of freedom to operate (as specified below) with respect to relevant claims in the Interfering Patent for Fluidigm’s Topaz3 crystallization microprocessor, as determined by Fluidigm in its sole discretion that either (i) a U.S. patent has issued from an application listed on Exhibit D or subsequent applications claiming priority thereto with claims that the USPTO has determined are entitled to priority in view of claims in the Interfering Patent and which claims cover the Topaz crystallization microprocessor, or (ii) a cross-license for the Technology has been signed by Fluidigm and a third party controlling the Interfering Patent and related applications such that the interference is terminated and Fluidigm has freedom to operate with respect to the Interfering Patent and related filings. Within thirty (30) days after such determination by Fluidigm, Fluidigm will issue shares of its stock having a value of $1,500,000 (based on the fair value at the time Milestone 2 is achieved), subject to compliance with applicable securities laws. In addition, (i) Fluidigm will enter into a non-transferable site license with Athersys, Inc. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Fluidigm Corporation (“Athersys”) under which Athersys will have the right to use the Technology for internal drug efforts, but not to provide service or equipment to third parties.
Milestone 2. At the end of the fourth (4th) year, TSI must have achieved sales of at least one hundred thousand dollars ($100,000) within the calendar year or EclipseIR has the right to terminate this Agreement.
