Commercialization Milestone Events definition
Examples of Commercialization Milestone Events in a sentence
The Milestone Payments for Commercialization Milestone Events are set forth in Table 2 below.
The specific milestone payments due to Intrexon upon achievement of each of the Commercialization Milestone Events are set forth in Sections 5.2(a)(i) through 5.3(a)(iii) below.
The Parties agree that Oragenics’ option to pay any milestone payments that come due for achievement of Commercialization Milestone Events under this Agreement in equity shall in no event require Intrexon to accept equity of Oragenics as payment if, upon Intrexon’s reasonable conclusion after consultation with its outside advisors, receipt of such equity payment by Intrexon would cause Intrexon to have to consolidate Oragenics’ financial statements with Intrexon’s financial statements.
The specific milestone payments due to Intrexon upon achievement of each of the Commercialization Milestone Events are set forth in Sections 5.2(a)(i) through 5.3(a)(vi) below.
In the event that Oragenics consummates a Company Sale prior to paying to Intrexon any one or more of the respective milestone payments set forth in Sections 5.2(a)(i) through 5.2(a)(iii) and this Agreement is transferred or assigned to the buyer in connection with such Company Sale, then all subsequent payments for Commercialization Milestone Events shall thereafter each be payable only in cash to Intrexon.
Additionally, upon the attainment of certain Commercialization Milestone Events by a Collaboration Product (whether such attainment is achieved by Synthetic or by a permitted sublicensee), Synthetic has agreed to pay Intrexon additional milestone payments as set forth in this Section 5.2(b).
First calendar year in which aggregate annual Net Sales of all Products in the Territory equal or exceed [*] [*] If multiple Commercialization Milestone Events are achieved in any given calendar [*], the Commercialization Milestone Payments corresponding to all of such achieved Commercialization Milestone Events shall be paid within [*] of the end of such calendar [*].
For clarity, each of the three (3) separate Commercialization Milestone Events will trigger payment by Oragenics only once (i.e., only the first time each such Commercialization Milestone Event in question is Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
For example, if aggregate Annual Net Sales for a Product Directed To a given Collaboration Target equal [***] in a given Calendar Year, and no Commercialization Milestone Payments have been made with respect to Products Directed To such Collaboration Target in previous Calendar Years, MKDG shall pay C4T [***] in Commercialization Milestone Payments pursuant to this Section 6.4.2 for the Calendar Year in which both such Commercialization Milestone Events were first achieved.
The maximum aggregate amount payable pursuant to this Section 9.4 following achievement of all Commercialization Milestone Events is USD 862.5 million.