Fourth Milestone Date definition

Fourth Milestone Date means the earliest to occur of (i) the date upon which the cumulative Cash Flow received by the Company shall be equal to or greater than $50,000,000, (ii) the consummation by the Company of an Initial Public Offering (as defined below) or (iii) the sale of the Company in a merger or consolidation in which the Company is not the surviving corporation or in which the Company is the surviving corporation but becomes a wholly-owned subsidiary of another corporation, or involving the sale of substantially all of the Company’s assets.
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Fourth Milestone Date is hereby amended as follows:
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Fourth Milestone Date means January 15, 2011.
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Examples of Fourth Milestone Date in a sentence

  • If Landlord has not reached the Fourth Milestone by the Fourth Milestone Date, Landlord shall use commercially reasonable best efforts to achieve the Outside Milestone no later than the Outside Milestone Date.

  • Landlord shall use commercially reasonable best efforts to achieve the Fourth Milestone no later than the Fourth Milestone Date.

  • If and only if the Company or another Parent Affiliated Party successfully completes, on or before the Fourth Milestone Date, a version of the Milestone Product that fully complies with Specification Xxxxx XX0, as determined by Parent in good faith, then Parent shall deliver to the Milestone Bonus Payees an aggregate number of shares of Parent Common Stock equal to the Milestone Share Payment (the “Fourth Milestone Bonus Payment”).


More Definitions of Fourth Milestone Date

Fourth Milestone Date means May 1, 2010. Further, we have agreed that the increase scheduled to take place on the Fourth Milestone Date, as defined herein, will raise your periodic consulting fee to an annual rate of $125,000. Therefore, Section 2.1(iv) of Schedule A to your Original Consulting Agreement is hereby amended to read as follows:
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Fourth Milestone Date means June 11, 2010. Except as expressly amended by this Amendment, your Original Consulting Agreement remains in full force and affect and otherwise unchanged. The Original Consulting Agreement shall, together with this Amendment, be read and construed as a single document. Please indicate your agreement to the Amendment by signing below. Very truly yours, BIND BIOSCIENCES, INC. By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx President and Chief Executive Officer Acknowledged and agreed by: /s/ Xxxx Xxxxxxxxx
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Fourth Milestone Date shall have the meaning set forth in Section 22.6 hereof.
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Fourth Milestone Date means November 1, 2005; provided, however, that (A) the Fourth Milestone Date shall be adjourned for a number of days equal to the sum of (i) the number of days that Landlord is delayed in performing the work necessary to achieve the Fourth Construction Milestone Stage by reason of Unavoidable Delays, except that any such adjournment of the Fourth Milestone Date by reason of Unavoidable Delays shall not exceed one (1) year in the aggregate, (ii) the number of days in the period beginning on the Third Milestone Date and ending on the date immediately preceding the date that Landlord achieves the Third Construction Milestone Stage, and (iii) the Third Milestone Slide Amount, and (B) the Fourth Milestone Date shall be adjourned by thirty (30) days for each Deliverable Unit in respect of which the Commencement Date has theretofore occurred.
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Fourth Milestone Date means 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 price of Parent Common Stock on the NYSE on the date the Termination Payment is actually paid exceeds $14,000,000, the...
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Fourth Milestone Date means June 11, 2010. Except as expressly amended by this Amendment, your Original Consulting Agreement remains in full force and affect and otherwise unchanged. The Original Consulting Agreement shall, together with this Amendment, be read and construed as a single document. Please indicate your agreement to the Amendment by signing below. Very truly yours, BIND BIOSCIENCES, INC. By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx President and Chief Executive Officer Acknowledged and agreed by: /s/ Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx BIND Therapeutics, Inc. 000 Xxxxxx Xxxxxx Xxxxxxxxx, XX 00000 xxx.xxxxxxxxxxxxxxxx.xxx phone 000.000.0000 fax 000.000.0000 Xxxxxx 00, 0000 Xxxx Xxxxxxxxx 000 Xxxxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Re: Additional Modifications to Consulting Agreement Dear Omid: Reference is made to that certain Amended and Restated Consulting Agreement, dated as of July 12, 2007, by and between BIND Therapeutics, Inc., formerly known as BIND Biosciences, Inc. (the “Company”), and you (the “Initial Agreement”) as modified by that certain letter re: Modifications to Consulting Agreement, dated June 11, 2010 by and between the Company and you (the “Modification,” and together with the Initial Agreement, the “Consulting Agreement”). Effective upon the date of the closing of the initial public offering of the Company’s common stock (the “Effective Date”), Schedule A to the Initial Agreement, as modified by the Modification, is hereby amended and restated in its entirety to read as follows: Schedule A
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Related to Fourth Milestone Date

  • Milestone Date means the date set against the relevant Milestone in the Implementation Plan;

  • Milestone 2 means achievement of annual Net Sales of at least $35,000,000 during any Calendar Year ending on or before December 31, 2024.

  • Project Milestone means the project milestone set forth in Schedule-J;

  • Milestone 1 means achievement of annual Net Sales of at least $20,000,000 during the Calendar Year ending on December 31, 2021.

  • Milestone Dates means the dates for completion of specified Project activities as contained in the Project Schedule.

  • Development Milestone Event shall have the meaning set forth in Section 9.2(a).

  • Performance Milestone means an act or event specified in section 5.1 and described in section 9 of the EPLA.

  • Milestone Event has the meaning set forth in Section 8.4.

  • Project Milestones means the project milestones set forth in Schedule-G;

  • Development Milestone Payment shall have the meaning set forth in Section 9.2(a).

  • Milestone means an event or task described in the Implementation Plan which must be completed by the corresponding date set out in such plan;

  • Milestone Events has the meaning set forth in Section 3.3 (Milestone Payments).

  • Final Completion Date means the date on which Final Completion occurs.

  • Milestone Failure means a failure by the Grant Recipient fully to achieve any Milestone by the relevant Milestone Date;

  • Sales Milestone Payment shall have the meaning set forth in Section 8.4.

  • Milestone Schedule means Seller’s milestone schedule, the form of which is attached to this Agreement as Exhibit Q.

  • Milestone Payment Date has the meaning set forth in Section 2.4(a).

  • Successful Completion means that in the reasonable opinion of the Customer, Deliverables completed by the Supplier are fit for purpose, completed on time and otherwise meet all the criteria defined under this Contract;

  • Substantial Completion Date means the date on which Substantial Completion occurs.

  • Target Completion Date has the meaning given such term in Section 3.3(b).

  • Milestone Payment means a payment identified in the Implementation Plan to be made following the issue of a Satisfaction Certificate in respect of Achievement of the relevant Milestone;

  • Scheduled Completion Date shall be the date set forth in Clause 10.3;

  • The Completion Date means the date of completion of the Works as certified by the Employer’s Representative.

  • Project Completion Date means the date on which the Completion Certificate is issued;

  • Completion Date means the date of completion of the Services by the Service Provider as certified by the Procuring Entity

  • EBITDA Target means the Company's projected earnings before interest, taxes, one-time transition expenses, non-cash compensation expense charges, depreciation and amortization, as contained in the Company's budget for the Applicable Period and which is approved by the Board (without reference to any adjustments or revision, upwards or downwards, to such projected earnings which are subsequently approved by the Board as part of any subsequent revision to such budget), and (ii) the term "Financial Results" shall mean the Company's EBITDA calculated by reference to the Company's financial statements for the Applicable Period as filed with the Securities and Exchange Commission (the "SEC").