Examples of Fifth Milestone in a sentence
Subject to the satisfaction of all terms and conditions of this Agreement and the Asset Purchase Agreement, the closing (each a “Closing”) of the purchase of a Development Tower will occur on the later of thirty (30) days after (i) the date on which Developer delivers notice to [***] with reasonable supporting documentation that the Fifth Milestone was achieved, or (ii) the date that all Minimum Conditions have been satisfied or previously waived by [***] in writing.
At the Closing of each Development Tower, [***] shall pay an amount (the “Closing Date Payment”) equal to the Allocable Purchase Price minus the total amount of Milestone Payments paid in accordance with Section 2(c) of this Agreement (it being understood that the Fifth Milestone Payment shall not be required to be paid to the Developer until the Closing in accordance with Section 2(c)).
As used herein, the Fifth Milestone will be the six-month anniversary of the Product’s launch for SCI indication.
The Payment shall be made within 3 business days of the approval of our shareholders of the Subsequent Fifth Milestone Amendment.
The price per share with respect to $8,501,264 of the Payment shall remain $2.983 as provided in the Initial Fifth Milestone Amendment.
For the avoidance of doubt, each of the foregoing First Milestone Payment, Second Milestone Payment, Third Milestone Payment, Fourth Milestone Payment and Fifth Milestone Payment shall be payable only once, and no more than one hundred million dollars ($100,000,000) shall be payable in any one calendar year at any time as a result of the conditions to the Contingent Payments being met and no more than $350,000,000 of Contingent Payments in the aggregate shall be paid.
Notwithstanding the aforesaid, the right of the Consultant for the payment of Milestone Fees concerning the Third Milestone, the Fourth Milestone and the Fifth Milestone shall be in effect during the later of (i) the term of this Agreement or (ii) the final termination of Consultant’s activities in the service of the Company, and twelve (12) months thereafter.
In the aggregate, we shall receive an additional $24,635,440 from the Fifth Milestone Investment Partners above the $15,940,000 we have already received under the Initial Fifth Milestone Amendment.
As provided in the Initial Fifth Milestone Amendment, each of the Fifth Milestone Investment Partners has agreed, upon our receiving all required approvals, to waive our obligation to raise an additional $50 million from additional wafer partners.
Each of the Fifth Milestone Investment Partners shall advance to us in one payment the remaining outstanding portion of its fifth milestone payment (the "Payment").