Examples of Fifth Milestone in a sentence
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.
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.
The Payment shall be made within 3 business days of the approval of our shareholders of the Subsequent 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.
As of the Effective Date, the expected deadline for the Developers to complete their obligations under this Fifth Milestone is July 12, 2021.
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.
The receipt of the Second Installment of the Fifth Milestone Investment Partners' fifth milestone payment, $16,427,508 in the aggregate, is no longer subject to our raising at least $25,772,630 by December 31, 2003.
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.
For purposes of illustration, in no event will Parent be obligated to pay more than one of each of the First Milestone Payment, Second Milestone Payment, Third Milestone Payment, Fourth Milestone Payment, Fifth Milestone Payment and the Sixth Milestone Payment upon satisfaction of any Tonnage Condition.