First Milestone Date is the date that the closing sale price of the Company's Common Stock has been at least $0.18 per share (as adjusted for stock splits, dividends and the like) for a period of ten consecutive trading days; (ii) the "Second Milestone Date" is the date that the closing sale price of the Company's Common Stock has been at least $0.25 per share (as adjusted for stock splits, dividends and the like) for a period of ten consecutive trading days, (iii) the "Third Milestone Date" is the date that the closing sale price of the Company's Common Stock has been at least $0.40 per share (as adjusted for stock splits, dividends and the like) for a period of ten consecutive trading days, and (iv) the "Fourth Milestone Date" is the date that the closing sale price of the Company's Common Stock has been at least $0.50 per share (as adjusted for stock splits, dividends and the like) for a period of ten consecutive trading days. Notwithstanding the foregoing, this option shall be exercisable with respect to all shares, whether or not previously exercisable, on and after the fifth anniversary date. The right of exercise provided herein shall be cumulative so that if the option is not exercised to the maximum extent permissible during any such period it shall be exercisable, in whole or in part, with respect to all shares not so purchased at any time during any subsequent period prior until the expiration or termination of this option. This option may not be exercised at any time after the tenth anniversary date.
First Milestone Date as defined in Section 2.7.2. “First Milestone Payment” as defined in Section 2.7.2. “First Option Period” as defined in Section 2.7.2. “First Sale Notice” as defined in Section 2.7.2. “HSR Act” as defined in Section 6.6. “Inbound Technology” as defined in Section 3.9.5. “Inbound Technology Agreements” as defined in Section 3.9.5. “Indemnitee” as defined in Section 9.4. “Indemnitor” as defined in Section 9.4. “Inventory” as defined in Section 2.1.7. “Minimum Claim Amount” as defined in Section 9.2. “Negotiation Period” as defined in Section 6.14. “Offset Amount” as defined in Section 2.7.1. “Offset Dispute” as defined in Section 2.7.1. “Organizational Documents” as defined in Section 3.1. “Outbound Technology Agreements” as defined in Section 3.9.6. “Payment Due Date” as defined in Section 2.7.1. “Post-Closing Consideration” as defined in Section 2.7.1. “Prepaid Expenses” as defined in Section 2.1.8. “Purchased Assets” as defined in Section 2.1. “Purchase Price Allocation Schedule” as defined in Section 2.6. “Permits” as defined in Section 2.1.5. “Restrictive Covenants” as defined in Section 6.10.2. “Retained Claims” as defined in Section 2.4.4. “Second Milestone Date” as defined in Section 2.7.2. “Second Option Period” as defined in Section 2.7.2. “Second Sale Notice” as defined in Section 2.7.2. “Seller” as defined in the preamble to this Agreement. “Seller Fundamental Representations” as defined in Section 9.1. “Seller Indemnified Parties” as defined in Section 9.3. “Seller Inventory Trademarks” as defined in Section 6.13. “Soothe® Terms” as defined in Section 6.14. “Third Party Negotiation Period” as defined in Section 6.14. “Third Party Sale” as defined in Section 6.14. “Trademarks” as defined in Section 3.10.2. “Transfer Taxes” as defined in Section 6.5.
First Milestone Date means the date that is 30 days after the Petition Date.
Examples of First Milestone Date in a sentence
Trikon shall deliver, on or prior to the First Milestone Date, a Trikon Transport Module within Aviza’s Scotts Valley site.
Grantees that believe they may not be able to expend twenty-five percent (25%) of the funds by the First Milestone Date should seek an extension from MHC, which must be requested prior to the First Milestone Date.
In accordance with the terms and subject to the conditions set forth herein, the Holder may exercise this Warrant for all or any other amount of Warrant Shares that have vested pursuant to the fourth sentence of this Section 1 at any time or from time to time after the First Milestone Date and prior to the applicable Expiration Time for such Warrant Shares pursuant to Section 2.5 (such period, the “Exercise Period”).
For the avoidance of doubt, the Buyer shall be entitled to receive the amounts provided for in this clause 6.6 if: (a) a Covered Termination occurs before any of the First Milestone Date, the Second Milestone Date and the Third Milestone Date (collectively, the “Milestone Dates”); and (b) the requirements of clauses 6.5(a) and (b) are subsequently satisfied.
Each of the RNG Sale Agreement Milestone, the RINs Monetization Agreement Milestone and the and the Interconnection Agreement Milestone shall be achieved not later than ninety (90) days after the date hereof (the "First Milestone Date"), as such date may extended as provided in Section 4.3. If Buyer fails to achieve any such milestone by such date, as that date may be extended as provided in Section 4.3, then Buyer shall provide a Remedial Action Plan to Seller.
More Definitions of First Milestone Date
First Milestone Date means the date that is 45 days after the Petition Date.”
First Milestone Date means the date that is 45 days after the Petition Date.” (c) The definition of “Third Milestone Date” appearing in the DIP Credit Agreement is amended and restated in its entirety to read as follows:
First Milestone Date. First Milestone Date" shall have the meaning specified in Section 4.1 of the Escrow Agreement.
First Milestone Date means December 31, 2002, as such date may be adjusted pursuant to Section 3(b) hereof. Fourth Milestone Date: shall mean March 31, 2004, as such date may be adjusted pursuant to Section 3(b) hereof. Milestone: shall mean, with respect to a Milestone Product, the successful achievement of the Tapeout, or completion of a Milestone Product that fully complies with Specification Levels ES10, PR4 or PR5, as applicable. Milestone Bonus Payees: shall mean the persons listed on Attachment A hereto. -1- Milestone Date: shall mean the First Milestone Date, the Second Milestone Date, the Third Milestone Date or the Fourth Milestone Date, as applicable. Milestone Product: shall mean the first device or product developed by Parent or a Parent Affiliated Party that incorporates any Company Technology. Milestone Share Payment: shall mean that number of shares of Parent Common Stock equal to (x) $1,337,500 divided by (y) the Twenty-Day Price. Parent Affiliated Party: shall mean any entity that controls, is controlled by, or is under common control with Parent, as the case may be. An entity shall be deemed to be in control of another entity only if, and for so long as, it owns or controls more than fifty percent (50%) of the voting stock of such entity. Second Milestone Date: shall mean March 31, 2003, as such date may be adjusted pursuant to Section 3(b) hereof. Specification Level ES10: shall mean, with respect to a Milestone Product, that such Milestone Product satisfies all of the requirements detailed in Parent's Specification Xxxxx XX00. Xxxxxxxxxxxxx Xxxxx XX0: shall mean, with respect to a Milestone Product, that such Milestone Product satisfies all of the requirements detailed in Parent’s Project Review 4 specification. Specification Level PR5: shall mean, with respect to a Milestone Product, that such Milestone Product satisfies all of the requirements detailed in Parent’s Project Review 5 specification. Tapeout: shall mean, with respect to a Milestone Product, that the Company, Parent or a Parent Affiliated Party has completed and verified the GDS2 files for such Milestone Product and transmitted such verified files to a merchant semiconductor foundry for the purpose of manufacturing such Milestone Product in commercial quantities. Termination Payment: shall mean that number of shares of Parent Common Stock equal to $3,500,000 divided by the Twenty Day Price; provided however that if the aggregate value of the Termination Payment as determined by the closing pri...
First Milestone Date means the date of the achievement of the First Milestone.
First Milestone Date has the meaning set out in Article 30.6.1(a);
First Milestone Date means [***].