Upfront Cash Payment. In partial consideration for Licensee’s rights in and to the Takeda Intellectual Property licensed hereunder and other rights granted hereunder Licensee shall pay to Takeda, or Takeda’s designated Affiliate, a one-time upfront fee of [***] within [***] after the consummation of a Qualified Financing. As further partial consideration for Licensee’s rights in and to the Takeda Intellectual Property licensed hereunder and other rights granted hereunder Licensee shall pay to Takeda, or Takeda’s designated Affiliate, an additional one-time upfront fee of [***] (the “Additional Up-Front Fee”) if [***] or more of the proceeds from the Qualified Financing was derived through the issuance of convertible notes. Licensee shall pay to Takeda, or Takeda’s designated Affiliate, the Additional Up-Front Fee within [***] after receipt of an invoice therefor, provided that Takeda may not deliver such invoice unless and until (i) one lot of Drug Product is released (in accordance with the Quality Agreement set forth in the Clinical Supply Agreement) and bulk packaged and Takeda notifies Licensee (which notice may be by e-mail) of the same, and (ii) Licensee applies (which shall be in Licensee’s sole discretion) to any Regulatory Authority to utilize such Drug Product for Clinical Trial purposes (in which event Licensee shall [***] notify Takeda of the same). Such upfront payment(s) shall be non-refundable and non-creditable against any other payments made by Licensee hereunder. Notwithstanding the previous sentence, Licensee shall not be required to pay the Additional Up-Front Fee if all of the following conditions are met: (i) Licensee, in accordance with Section 8(A) of the Clinical Supply Agreement, has notified Takeda of one or more Detectable Defects with respect to such lot of Drug Product, (ii) if requested to do so by Takeda, pursuant to Section 8(C) of the Clinical Supply Agreement, Licensee shall, within [***] of such request by Takeda, provide samples of any Drug Product alleged to be defective and copies of written reports or investigations performed to date by or on behalf of Licensee on such Drug Product, (iii) Takeda agrees that such lot of Drug Product contained such Detectable Defect(s) or a Third Party independent laboratory determines in accordance with Section 8(D) of the Clinical Supply Agreement that such lot of Drug Product contained such Detectable Defect(s), and (iv) the number of prefilled syringes in such lot of Drug Product rejected by Takeda prio...
Upfront Cash Payment. Upon the Effective Date, and in partial consideration for Licensee’s rights in and to the Takeda Intellectual Property licensed hereunder and other rights granted hereunder, Licensee shall pay to Takeda, or Takeda’s designated Affiliate, a one-time upfront fee of Twenty-Five Million United States Dollars (USD $25,000,000). Such upfront payment shall be non-refundable and non-creditable against any other payments made by Licensee hereunder.
Upfront Cash Payment. MedImmune shall submit an invoice to Licensee as soon as possible after the Effective Date and, no later than ten (10) Business Days following the Effective Date, Licensee shall pay MedImmune a nonrefundable and noncreditable upfront amount equal to five (5) million Dollars ($5,000,000).
Upfront Cash Payment. In partial consideration of the rights granted under Section 2.1, within five (5) Business Days of the Effective Date, Allergan shall pay Assembly a one-time lump sum payment of Fifty Million USD ($50M) in upfront cash, which payment shall be non-refundable and non-creditable against other payments due hereunder.
Upfront Cash Payment. Section 4.1 of the Agreement shall be amended, replaced and restated in its entirety to read as follows:
Upfront Cash Payment. Licensee shall pay to MedImmune a nonrefundable and noncreditable upfront amount equal to five (5) million Dollars ($5,000,000) upon the earlier to occur of (i) a registered direct offering (or other financing) under which Licensee obtains Third Party funding or (ii) 31
Upfront Cash Payment. In consideration for the rights granted to Lilly pursuant to this Agreement, Lilly shall pay to Centrexion a one-time, non-refundable and non-creditable upfront payment of forty-seven million five hundred thousand US dollars (USD $47,500,000) by no later than [***] ([***]) days following the Effective Date.
Upfront Cash Payment. In partial consideration of the rights granted by FWB to AzurRx hereunder, (a) within ten (10) days of the Effective Date, AzurRx shall pay FWB an upfront amount of nine million Dollars ($9,000,000), and (b) on June 30, 2020, AzurRx shall pay FWB the amount of one million two hundred and fifty Dollars ($1,250,000). Neither of the foregoing amounts shall be refundable or creditable against any other payments due hereunder.
Upfront Cash Payment. Within [*****] Business Days following the Parties’ execution of this Agreement and in partial consideration of KemPharm’s grant of the rights and licenses to Company hereunder, Company shall pay to KemPharm an upfront cash payment of ten million U.S. Dollars (US$10,000,000).
Upfront Cash Payment. Novartis shall pay to MPAG a one (1)-time, non-refundable payment of twenty million Swiss Francs (CHF 20,000,000) (the “Upfront Cash Payment”) within [***] after receipt by Novartis of an invoice in the form of Exhibit 2.2 hereto, which invoice shall be issued no earlier than the Execution Date. The Upfront Cash Payment shall be directly used by MPAG to fund MPAG Activities.
