UP-FRONT. Within ten (10) days of the Effective Date of this Restated and Amended Agreement, Company will make a non-refundable payment to MAYO of FIFTY THOUSAND DOLLARS (US $50,000.00) . Should Company not make such payment in the ten day period, this Agreement will immediately terminate.
UP-FRONT. Within [***] of the Effective Date, COMPANY will make a nonrefundable and noncreditable up-front payment to MAYO of TWO HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS (US $225,000) for entering into this agreement. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested Evelo Biosciences, Inc. FINAL License Agreement page 6 of 22 MAYO [***]/ Evelo 8/07/2017
UP-FRONT. [***] Fee. Micron shall pay to Intermolecular a fee in the amount of [***] US dollars, which shall be due on the Effective Date and payable in twelve (12) equal installments (of [***] US dollars each) on the first day of each calendar quarter after the Effective Date over a period of three years.
UP-FRONT a) In consideration for the rights granted herein, SORRENTO shall, within six (6) trading days of the Effective Date, pay to MAYO NINE MILLION THREE HUNDRED THOUSAND DOLLARS (US $9,300,000) (the “Upfront Payment Amount”), which payment shall be comprised (A) solely of shares of restricted SORRENTO common stock (the “Shares”) (with the number of Shares calculated in accordance with the next sentence), or (B) any combination of cash paid in immediately available funds via wire transfer to an account designated by MAYO in writing and Shares (with the number of Shares calculated in accordance with the next sentence), in any case as determined by SORRENTO in its sole and absolute discretion; provided that the portion of the Upfront Payment Amount comprised of cash shall not exceed 25% of the Upfront Payment Amount. The Shares shall be issued to MAYO in the name of Mayo Clinic and the number of Shares issuable shall be equal to the quotient obtained by dividing (i) the dollar amount of the Upfront Payment Amount to be paid in Shares by (ii) the weighted average closing price of SORRENTO’s common stock, as reported on The Nasdaq Stock Market LLC, for the 11 consecutive trading days beginning on the 5th trading day prior to the date of this Agreement; provided that in no event shall the value in clause (ii) be less than FOUR DOLLARS AND NINETY SIX CENTS (US $4.96) nor greater than SEVEN DOLLARS AND FORTY FOUR CENTS (US $7.44). In addition, in no event shall the number of Shares equal more than FIFTY ONE MILLION EIGHT HUNDRED AND ONE THOUNSAND ONE HUNDRED AND SIXTY TWO (51,801,162) shares of SORRENTO’s common stock. As of the Effective Date of this Agreement, SORRENTO has TWO HUNDRED AND FIFTY NINE MILLION ONE HUNDRED AND THIRTY FIVE THOUSAND THREE HUNDRED AND EIGHTY (259,135,380) shares of common stock outstanding. [...***...]. [...***...]. All Shares issued to MAYO shall be duly authorized, validly issued, fully paid, non-assessable and unencumbered, and any associated agreements MAYO shall be required to enter into related to such issuance shall only contain reasonable and customary terms and conditions.
UP-FRONT. Payment Medicis shall pay to Corixa [*], payable upon the Effective Date.
UP-FRONT. Within [***] of the Effective Date, COMPANY will make a nonrefundable and noncreditable up-front cash payment to MAYO of ONE MILLION DOLLARS (US $1,000,000) for entering into this Agreement.
UP-FRONT. The Borrower shall pay the Senior Lenders a front-end fee of 0.4% of the Total Commitments (Up front Fee), which shall be paid on the Effective Date.
UP-FRONT. Within [***] of the Effective Date, COMPANY will make a nonrefundable and noncreditable up-front payment to MAYO of TWO HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS (US $225,000) for entering into this agreement.
UP-FRONT. Buyer shall pay to Seller the non-refundable, non-creditable sum of TWELVE MILLION FIVE HUNDRED THOUSAND (US $12,500,000.00) US DOLLARS, which Buyer shall pay to Seller on the date of Closing by wire transfer as instructed by Seller. Buyer shall pay amounts due to Seller under this Section 4.1, by wire transfer, allocated to Roche-Basel and Xxxxx-Xxxxxx, as requested by Seller in writing.
UP-FRONT. (a) Within thirty days of the Effective Date, EXACT will make a nonrefundable and noncreditable up-front payment to MAYO of EIGHTY THOUSAND DOLLARS (US $80,000).
