Up-Front Payments. Any one-time inducement payments or other non-refundable fees, royalties or other payments made or paid to the owner of the Property under any Contract assumed by Buyer at Closing, including, but not limited to, any payments made to the owner of the Property under any cable agreement (“Up Front Payments”), shall be not be apportioned pro rata between Seller and Buyer and Buyer shall not receive any credit from Seller at closing for any portion of any One-Time Payment attributable or allocable to any period of time from and after Closing.
Up-Front Payments. As partial consideration for the license and other rights granted to Anthera under this Agreement, Anthera shall pay the following up-front payments:
(a) Two Hundred Fifty Thousand Dollars ($250,000), payable within ten (10) days after the Effective Date.
(b) Immediately after the Effective Date, Anthera shall issue to each of Shionogi and Lilly that number of shares of Anthera’s Series A-2 Preferred Stock equal to [***]. Shionogi and Lilly shall have substantially the same economic rights as the other investors in Anthera’s Series A-2 Preferred Stock, it being understood that certain investors’ investing amounts materially greater than Lilly and Shionogi may be afforded rights to board representation, access to financial information, rights to approve certain transactions, or other rights not afforded to Lilly or Shionogi.
Up-Front Payments. Genentech will make the following nonrefundable, non-creditable payment to Magainin of $5 Million in exchange for such form of common equity described in the Stock Purchase Agreement, dated of even date herewith, immediately upon the closing of the Stock Purchase Agreement.
Up-Front Payments. As consideration for the delivery of the Conductus Technology, GDIS will pay Conductus an up-front nonrefundable, fee of [*] upon completion of all of the following: (a) the execution of this Agreement, (b) receipt of the releases, in the form set forth in Exhibit E, from Transamerica and Silicon Valley Bank and any other releases, if any, required under Section 14.3; (c) the execution of the Cross License, Supply and Training Agreement, and (d) the delivery to GDIS of that Conductus Technology listed in Exhibit A as deliverable on execution of this Agreement.
Up-Front Payments. As partial consideration for the license and other rights granted to NTI under this Agreement, NTI shall make to Institute a non-refundable, non-creditable up-front payment in the amount of one hundred seventy-four thousand nine hundred ninety-nine U.S. Dollars ($174,999) (the “Up-Front Payment”), which payment shall be payable in three (3) installments of fifty-eight thousand three hundred thirty-three U.S. Dollars ($58,333) each. Such installment payments shall be made as follows:
(a) the first payment shall be made within ten (10) days after the Effective Date; (b) the second on the first anniversary of the Effective Date; and (c) the third on the second anniversary of the Effective Date. For clarity, NTI’s obligation to pay to Institute all three (3) installments of the Up-Front Payment under this Section 5.2 is not contingent upon the completion or success of the Research Program Term, or on the Research Program Term being extended beyond the initial one (1) year term, and, accordingly, such obligation shall survive termination of this Agreement for any reason.
Up-Front Payments. Within [*] days of the Effective Date, Daiichi shall pay Rigel an up-front payment of [*].
Up-Front Payments. In partial consideration of the licenses and other rights granted herein, subject to the terms and conditions set forth in this Agreement, Emergent shall make the following non-refundable, non-creditable payments to Aridis within thirty (30) days of receipt by Emergent from Aridis of a written invoice thereof:
5.1.1 [***] within thirty (30) days of execution of this Agreement;
5.1.2 [***] within thirty (30) days of execution of this Agreement as an additional milestone for Emergent’s receipt of the Prime Award;
5.1.3 [***] on the six month anniversary of the Effective Date; and
5.1.4 [***] on the nine month anniversary of the Effective Date.
Up-Front Payments. In consideration for the license granted in this Agreement, Licensee shall pay to Licensor, the following payments:
a. The parties acknowledge that, pursuant to the First License Agreement, Licensee reimbursed Licensor for all past patent related costs incurred by Licensor retroactively to May 31, 2008 and prior to December 22, 2008 pertaining to patent families 1, 2, * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission and 3, and 50% of past patent costs relating to patent family 7 as set out in Exhibit “A” to the Agreement, as invoiced by Licensor to Licensee, which amounts are non-refundable. Licensee shall not be required to reimburse Licensor for any past patent related costs incurred by Licensor prior to December 22, 2008 pertaining to patent family 4 of Exhibit “A”, for which Licensee and Licensor shall bear their own costs, except as provided by Section 4.1(c) below;
b. Upon the Effective Date of this Agreement, Licensee shall pay to Licensor the amount of thirty-seven thousand dollars Canadian ($37,000 Cdn), which amount shall be non-refundable; and
c. Upon Licensee notifying Licensor, which it must do in writing prior to March 31, 2011, of its intention to retain its license to patent family 4 of Exhibit “A”, Licensee shall pay to the Licensor thirty-one thousand dollars Canadian ($31,000 Cdn), which amount shall be non-refundable.
Up-Front Payments. In partial consideration for the licences granted to GSK by Genmab under this Agreement, [***] after the Closing Date and upon receipt of an invoice from Genmab, GSK shall pay, or cause to be paid to Genmab, Five Hundred Eighty One Million and Six Hundred and Forty Thousand Danish Kroners (581,640,000 DKK).
Up-Front Payments. For Subscribing Entities who want to provide a one-time Up-Front Payment, the Service Provider will recalculate the monthly rate to reduce the Monthly Recurring Charge(s) (MRC). The aggregate cost to the Subscribing Entity under this option cannot exceed the aggregate cost as specified in the pricing table in Addendum A. The Up-Front Payment option does not allow the Service Provider to invoice a Subscribing Entity for an entire year of MRC unless it is per the direction of the Subscribing Entity.
