Performance Milestones. Company will, directly or through its Subsidiaries or Sublicensees, use its commercially reasonable efforts, consistent with sound and reasonable business practices and judgment, to commercialize the Licensed Rights and to make and sell Licensed Products as soon as practicable and to maximize sales thereof. Unless an extension is provided due to an Event of Force Majeure during the term of this Agreement, Company shall perform, or shall cause to happen or be performed, the Performance Milestones in accordance with the Performance Milestone Dates. Upon the occurrence of an Event of Force Majeure, the Performance Milestones and Performance Milestone Dates shall be equitably adjusted to accommodate the Event of Force Majeure.
Performance Milestones. Grantee shall timely satisfy and complete all Performance Milestones, as identified at Exhibit E of this Agreement.
Performance Milestones. (Section 5.1 “Performance Milestones”): Subject to Company’s right to renegotiation or Company’s payment of a fee for extension as set forth in Article 5 “Commercialization” of the Agreement, Company will perform, or shall cause to happen or be performed, the following Performance Milestones:
1.1 Performance Milestone 1 [***]
Performance Milestones. Licensee shall perform the following performance milestones:
Performance Milestones. Recipient shall ensure the completion of the Performance Milestones set forth in provision Ex. A-E.11 of Exhibit E of this Agreement by the designated dates contained therein. When Recipient misses or anticipates missing a Performance Milestone deadline, Recipient shall notify the Department in writing as soon as is reasonably practicable. In this notification, Recipient shall explain why the deadline has been or will likely be missed; provide a status update relative to the other Performance Milestone deadlines; and provide assurances that it will meet the remaining Performance Milestone deadlines. Recipient’s failure to provide a timely written notification shall be considered a default under this Agreement.
Performance Milestones. At any time prior to the Third Restatement Effective Date, the Loan Parties shall comply with the Performance Milestones described on Appendix C within the time periods specified therefor on Appendix C hereto (each such date as may be extended by the Agent in writing in its sole discretion, a “Performance Due Date”) and the Loan Parties shall promptly notify the Administrative Agent (for further distribution to the Lenders) if they do not expect to comply with all of the Performance Milestones and other requirements of Appendix C by their respective Performance Due Dates and shall notify the Administrative Agent not later than three (3) Business Days after the Loan Parties fail to fully comply with the Performance Milestones and reporting described in Appendix C by the applicable Performance Due Date.
Performance Milestones. (Section 5.1): Company shall meet the following performance milestones.
A2.1 [* * *];
A2.2 [* * *];
A2.3 [* * *].
A2.4 [* * *].
Performance Milestones. At any time prior to the Fourth Amendment Effective Date, the Note Parties shall comply with the Performance Milestones described on Annex C within the time periods specified therefor on Annex C hereto (each such date as may be extended by the Agent in writing in its sole discretion, a “Performance Due Date”) and the Note Parties shall promptly notify the Agent (for further distribution to the Holders) if they do not expect to comply with all of the Performance Milestones and other requirements of Annex C by their respective Performance Due Dates and shall notify the Agent not later than three (3) Business Days after the Note Parties fail to fully comply with the Performance Milestones and reporting described in Annex C by the applicable Performance Due Date.
Performance Milestones. The Licensee shall perform, or shall cause to happen or be performed, as the case may be, all the performance milestones described in Section 9 of the Business Terms.
Performance Milestones. Provided that the United States Food and Drug Administration (“FDA”) does not recommend or require unanticipated studies or prerequisites, including, without limitation, pre-clinical studies or detailed characterization of control material for clinical trial use, as part of the regulatory approval process for obtaining a Licensed Product to [***], Licensee shall perform the following milestones. If the FDA does recommend or require such unanticipated studies or prerequisites, the parties will negotiate extensions to the milestones to reflect additional time that may be needed to achieve the following: [***].
