Other Milestones. (i) if on or before the Back-End Date, Parent (A) receives funding of at least twenty million dollars ($20,000,000) from a Governmental Entity for development of ACER-2820 for the treatment of any indication or indications (the “ACER-2820 Development Funding”) and, within three (3) years of the date of the ACER-2820 Development Funding, Parent or its Affiliate either (x) grants a license to a third party under the intellectual property assets owned by Target relating to ACER-2820 (including U.S. Pat. Pub. No. 2022/0177469, any patent issuing from such application and any subsequently filed patent application claiming priority to such patent application) (the “ACER-2820 IP Assets”) for purposes of developing and commercializing ACER-2820 or (y) sells such ACER-2820 IP Assets to a third party or (B) Parent or its Affiliate obtains FDA Approval for use of ACER-2820 for treatment of any indication, then a Milestone Payment equal to the greater of (x) 10% of the total cash consideration paid to the Parent or its Affiliate for the license or sale of the ACER-2820 IP Assets or (y) $5,000,000 shall be payable in respect of such Milestone.
(ii) if, on or before the Back-End Date, the FDA issues a priority review voucher to Parent or its Affiliate under 21 U.S.C. Section 360bbb-4a in respect of FDA Approval of an NDA filed by Parent or its Affiliate for approval of ACER-2820 (an “ACER-2820 Material Threat Countermeasure PRV”), and Parent or its Affiliate thereafter sells such ACER-2820 Material Threat Countermeasure PRV prior to the Back-End Date, then a Milestone Payment equal to twenty-five percent (25%) of the total cash consideration paid to the Parent for such ACER-2820 Material Threat Countermeasure PRV shall be payable in respect of such Milestone. The Milestone Payment due upon achievement of each of the Milestones described in this Section 4.2(c) shall be paid within sixty (60) days following the date of the achievement of the corresponding Milestone by or on behalf of Parent or its Affiliates.
Other Milestones. OV shall further pay to LP the minimum of either (i) [***] percent ([***]%) of any milestone payments OV receives from a Program Acquirer for clinical development events other than events under Section 6.2(a)-(c) above (the Clinical Development Events), or (ii) a one-time payment of [***] U.S dollars ($[***]), whichever is higher. In the event of an Opt-In by LP, such additional payments under this subsection (g) shall increase to either (I) [***] percent ([***]%) of any clinical development milestone payments OV receives from a Program Acquirer for clinical development events other than events under Section 6.2(a)-(c) above (the Clinical Development Events), or (II) a one-time payment [***] of U.S dollars ($[***]), whichever is higher.
Other Milestones. (Comment on the status of the remaining milestones currently being worked on by the project team)
Other Milestones. The parties shall negotiate in good faith the commercially reasonable financial terms pertaining to payments for achievement of development milestones relating to Royalty-Bearing Products based on compounds resulting from the screening described in Section 4.1.6 or for uses of a Royalty-Bearing Product within the Field for purposes other than as a human therapeutic or prophylactic for *****, which terms shall be set forth in a separate agreement.
Other Milestones. The occurrence of any of the following shall also constitute a Milestone Breach (as defined below):
(i) the Plan Support Agreement is terminated prior to the RJ Closing Date, except for under Section 11.06(a);
(ii) the entry into any settlement agreement or arrangement with respect to any legal proceedings against or involving Constellation Overseas Ltd. or any other Filing Entity and Alperton (i) without the prior written consent of the Required Consenting Lenders (such consent to be in their sole discretion), or (ii) without the prior written consent of the Required Consenting 2024 Noteholders if such agreement or arrangement (1) provides Alperton or its affiliates (including shareholders or equity owners or principals) with any Indebtedness issued or guaranteed by any Company Party that is an obligor under the Existing 2024 Notes Indenture as of the RJ Filing Date or that will be an obligor under any of the Participating Notes Indentures or Non- Participating Notes Indenture (unless any such indebtedness is expressly subordinated to the New 2024 Notes and subject to an intercreditor agreement acceptable to the Required Consenting 2024 Noteholders, and matures at least 6 months following the scheduled maturity date under the New 2024 Notes), (2) proposes to grant to Alperton or its affiliates any liens with respect to any collateral securing the New 2024 Notes, or (3) has or could reasonably be expected to have a materially adverse effect on the Consenting 2024 Noteholders, the New 2024 Notes or any collateral securing the New 2024 Notes, or on the content, timing, or implementation of the RJ Plan. For the avoidance of doubt, no settlement or arrangement involving Xxxxxxxx shall provide for priming liens on collateral of any Consenting Stakeholder or the issuance of any debt that is not expressly subordinated to the debt of any Consenting Stakeholder; and
(iii) the entry into any settlement agreement or arrangement with respect to any legal proceedings against or involving Constellation Overseas Ltd. or any other Filing Entity (other than any such settlement or agreement involving Alperton as addressed in clause (h) above), without the prior written consent of the Required Consenting Lenders or the Required Consenting 2024 Noteholders, if such agreement or arrangement could reasonably be expected to have a materially adverse effect on the Consenting Lenders or Required Consenting 2024 Noteholders, respectively, or on the content, timing, or implementatio...
Other Milestones. In the event that Parent or Surviving Company enters into or closes one or more Partnership Agreements with respect to the TAM Program (each, a “TAM Partnership”) within eighteen (18) months after the Closing, or in the event that Parent or Surviving Company enters into or closes one or more TAM Partnerships within the six (6) months immediately thereafter with a third party with whom Parent or the Surviving Company was in negotiations or discussions during the initial eighteen (18) month period, then the Stockholders shall receive a payment equal to fifty percent (50%) of any Upfront Payments received by Parent or its Affiliates under the terms of each TAM Partnership; provided, however, that any such payments shall not exceed $10.0 million in the aggregate. For the avoidance of doubt, each Milestone may be achieved only once and each Milestone Payment may be paid only one time, if at all. In addition, the first Milestone Payment to be paid (x) shall be accompanied by payment of the Closing Shortfall, if any, and (y) shall be reduced by Two Million Five Hundred Thousand Dollars ($2,500,000).
Other Milestones. 2.1 Without prejudice to the Outline Implementation Plan, the Contractor shall comply with all other timescales set out in the Call-Off Terms including the following:
2.1.1 draft proforma invoice to be developed within ten (10) Working Days after the Effective Date (Schedule 7.1 (Invoicing));
2.1.2 (if requested by the Customer Authority) Detailed Implementation Plan developed within three (3) months of the Effective Date (Clause 3..2 of the Call-Off Terms);
2.1.3 (if applicable) Test Strategy to be developed within twenty (20) Working Days after the Effective Date (Paragraph 4.1 of Schedule 6.2 (Testing Procedures));
2.1.4 (if applicable) Test Plans developed within thirty (30) Working Days after the Effective Date (Paragraph 5.1 of Schedule 6.2 (Testing Procedures));
2.1.5 (if applicable) Test Specification developed within ten (10) Working Days prior to start of Testing (Paragraph 6.1 of Schedule 4.2 (Testing Procedures)); and
2.1.6 Exit Plan developed and Exit Manager appointed within three (3) months after the Effective Date (Schedule 8.5 (Exit Management)),
Other Milestones. Within forty five (45) days of achievement of each of the Other Milestone Events below, subject to the next sentence set forth in this Section 3.4, Retrophin will make the cash payment to Asklepion as set forth opposite the applicable Other Milestone Event. The payments set forth in this Section 3.4 will only be made in the event that […***…]. In the event a L-UDCA Product […***…], no further payments will be made under this Section 3.4. […***…] […***…] […***…] […***…] […***…] […***…]
Other Milestones. The other milestone has been made in a way to ensure Development, Operation and Management of the project as per the specifications listed below:
i. The multipurpose warehouse shall cater only to the below listed types of Industries/Sectors: 1 E-Commerce, FMCG, Electronics, Pharmaceutical, Retail, Consumer Goods, Chemical, Engineering, Industrial and Automobile
ii. The multipurpose warehouse shall be equipped with specialized infrastructure and use technology as mentioned below: 1 Automated Loading and Unloading Facility to be ensured in at least 50% of the total storage area of the warehouse 2 Minimum 5 % area to be developed for Air Condition Storage 3 Separate Entry and Exit gates to ensure smooth movement of Heavy Vehicles
Other Milestones. Biogen Idec will also pay to Alnylam the amounts set forth below no later than [**] days after the earliest date on which the corresponding milestone event has first been achieved with respect to a Selected RNAi Therapeutic. For clarity, in the event that a milestone event that was already achieved with respect to the Development Candidate is achieved with respect to the Back-Up Candidate, or vice versa, then no additional milestone payment shall be due with respect to the second achievement of the applicable milestone event. Payment Milestone Event (in U.S. Dollars) --------------- ----------------- Initiation of IND-Enabling GLP Toxicology Studies $[**] Upon the first IND becoming an Active IND $[**] Clinical Proof of Concept $[**] Established Utilization or Regulatory Approval, whichever occurs first, in the first Major Market(1) $[**] Established Utilization or Regulatory Approval, whichever occurs first, in the second Major Market(1)* $[**] Treatment of the 100th patient $[**]
(1) For purposes of determining achievement of these milestones only, Established Utilization shall be determined on a Major Market by Major Market basis (for example, for such purpose, the number of patients referred to in clause (a) of Section 1.38 shall be determined based on the number of such patients in a particular Major Market).
