Tail Payment. In addition to the Co-Promotion Fee, Valeant shall pay to Zogenix an amount equal to [***] ([***]%) of the [***] during the Tail Period (the “Tail Payment”).
Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to five percent (5%) of the cash the Company receives from Opaleye L.P. and affiliated funds, Dafna Life Science, LP, Dafna Lifescience Market Neutral LP, Dafna Lifescience Select, LP and affiliated funds, Brio Capital Master Fund Ltd and affiliated funds or Montrose Capital Limited in a financing transaction involving the sale by the Company of securities of the Company at any time prior to August 6, 2014 (the “Tail Payment”); provided, however, the Tail Payment shall only be payable by the Company to the extent that Mxxxxxx X. Xxxxxxxxx and Sxxxxxx X. Xxxxxx (collectively referred to as the “Brokers”) are employed by the Warrant Agent at the closing of the financing transaction triggering the Tail Payment unless the Warrant Agent assigns the right to receive the Tail Payment to a registered broker dealer at which the Brokers are registered at the time of such subsequent financing, in which case the Company will pay such Tail Payment to such assignee upon the written instructions of the Warrant Agent.
Tail Payment. 5.4.1 In addition to the other amounts payable pursuant to this Article V, in the event that the sum of the aggregate Net Sales of the Product during the Co-Promotion Term in 2007 and 2008 exceeds [**] Dollars ($[**]), then additional commissions shall be payable by MLNM to OBI based on Net Sales in 2009 and 2010 (each, a “Tail Payment”), as follows:
(a) In the event that Net Sales in 2009 exceed Four Hundred Million Dollars ($[**]), MLNM shall pay OBI a Tail Payment based on Net Sales in 2009 calculated as follows: Tail Payment = [**], up to an amount not to exceed $[**]; and
(b) In the event that Net Sales in 2010 exceed [**] Dollars ($[**]), MLNM shall pay OBI a Tail Payment based on Net Sales in 2010 calculated as follows: Tail Payment = [**], up to an amount not to exceed $[**].
5.4.2 By way of example, in the event that aggregate Net Sales of the Product are $[**]. In such events, the [**] calculated for use in determining the Tail Payments in 2009 and 2010 would be: [**].
5.4.3 No Tail Payment shall be earned or become payable based on Net Sales in 2009 or 2010 if the sum of the aggregate Net Sales in 2007 and 2008 is less than [**] Dollars ($[**].
Tail Payment. Following the Term, except as set forth in Section 8.4(a), Zogenix shall pay Mallinckrodt an amount equal to [***] of the Mallinckrodt Net Sales [***], which calculation shall be made using the [***] Mallinckrodt Call List and the Net Selling Price for the [***] (such period, the “Tail Period”, such payment, a “Tail Payment”). The Tail Payment will be paid to Mallinckrodt within [***] after the end of the Tail Period, and will not be subject to [***], unless the Parties agree otherwise.
Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to Ten Percent (10%) if any person or entity contacted by the Warrant Agent or its sub dealers in connection with PPO Unit Offering, which person was introduced to the Company prior to or during the PPO Unit Offering invests in the Company or is involved in a financing transaction involving the sale by the Company of securities of the Company at any time prior to September 28, 2015 (the “Tail Payment”); provided, however, the Tail Payment shall only be payable by the Company to the extent that Xxxxx X. Xxxxxx, Xxxxxxx X. Xxxxxx, Xxxxxxx X. Xxxxxxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxxxxxxx, Xxxx Xxxxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxxxx, Xxxx Xxxxxxxxxx, Xxxxx Xxxxx (collectively referred to as the “Brokers”) are employed by the Warrant Agent at the closing of the financing transaction triggering the Tail Payment unless the Warrant Agent assigns the right to receive the Tail Payment to a registered broker dealer at which the some or all of Brokers are registered at the time of such subsequent financing, in which case the Company will pay such Tail Payment to such assignee upon the written instructions of the Warrant Agent.
Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to five percent (5%) of the cash the Company receives from Opus Point Healthcare Innovations Fund, L.P. and affiliated funds in a financing transaction involving the sale by the Company of securities of the Company at any time prior to August 6, 2014 (the “Tail Payment”).
Tail Payment. Section 7.2 of the Co-Promotion Agreement shall be amended and restated in its entirety as follows: “Zogenix shall pay Mallinckrodt an amount equal to [***] of the Mallinckrodt Net Sales during the period beginning on February 1, 2014 continuing through January 31, 2015 (the “Tail Period”, such payment, a “Tail Payment”). The Tail Payment will be paid to Mallinckrodt within [***] after the end of the Tail Period, and will not be subject to [***], unless the Parties agree otherwise.” For purposes of calculating the payment due to Mallinckrodt under Section 7.2, as amended above, the calculation shall be made using the Mallinckrodt Call List attached as Exhibit B and the Net Selling Price for such calculation shall be the Net Selling Price used to calculate the final Service Fee payment due under Section 4 hereof. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Tail Payment. If, within twelve (12) months of the Closing, the Company completes a financing transaction with a party introduced to the Company by the Warrant Agent or its sub dealers in connection with the PPO Unit Offering who also participated in the PPO Unit Offering, but excluding any Company shareholder who invested prior to the PPO Unit Offering (a “Fee Tail Party”), the Warrant Agent shall be entitled to receive a cash commission from the Company in an amount equal to 10% of the gross amount of the investment made by the Fee Tail Party in such financing transaction.
