Milestone Condition definition
Examples of Milestone Condition in a sentence
For further clarity, if the Milestone Closing has not occurred prior to the termination of the HBV Program or the Company’s or Purchaser’s written notice of its respective intent to terminate the HBV Program, then the Company’s obligation hereunder with respect to the Milestone Stock and the Milestone Condition Payment shall automatically terminate.
The Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by them on or before the Milestone Closing, including but not limited to the Milestone Condition.
Each Unit will become a vested Unit on the first date (the “Vesting Date”) on which both the Service Condition and the Performance Milestone Condition have been satisfied with respect to such Unit on or before the Expiration Date, provided that the Participant’s employment or contractual relationship with the Company has not terminated before the Vesting Date.
Except as provided in Section 3(c), the vesting of each Unit requires the satisfaction of both the Service Condition and the Performance Milestone Condition (as such conditions are defined in Sections 3(a) and 3(b) below) on or before [●] (the “Expiration Date”).
The Company shall notify the Investor Representative within ten (10) Business Days after the satisfaction of the 2021 Sales Milestone Condition or the Positive SIENDO Study Condition (as applicable).
For the avoidance of doubt, each Milestone Condition shall be measured independently of any other Milestone Condition and no Milestone Payment shall be contingent on having earned any other Milestone Payment.
If the First Milestone Condition is met, then the Purchaser shall pay a Milestone Payment within five (5) business days after the Annual Determination for calendar year 2021 shall have become binding on the parties as provided in Section 2.2.
If the Third Milestone Condition is met, then the Purchaser shall pay a Milestone Payment within five (5) business days after the Annual Determination for calendar year 2022 shall have become binding on the parties as provided in Section 2.2.
Upon termination, regardless of cause, any Milestone Benefit Incentive not fully earned shall be offered to Ambassador in direct proportion to the Milestone Condition accumulated (either by reference to the amount of Associate Ambassadors signed and approved, or the amount of gross sales, calculated on the effective date of termination, including all sales that are pending as of said date, but excluding those that are later cancelled.
If for any reason whatsoever the Milestone Condition Precedent is not satisfied by the Borrower on or prior to the Milestone Deadline, then (i) the amendment set forth in Section 2.1(b) of this Agreement shall have no force or effect whatsoever, and (ii) Section 7.2 of Schedule 7 shall remain unaltered by this Agreement.