Performance Milestone II definition

Performance Milestone II means the achievement of both of the following: (i) prior to [***] the Borrower has [***] and that the [***] such that the [***], and (ii) the Borrower has [***] (including, not subject to [***]) from one or more [***] (which, for the avoidance of doubt, may include the [***]) (other than [***] in connection with such [***] from the [***]) permitted under this Agreement; in each case, subject to verification by Agent (including supporting documentation reasonably requested by Agent).

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Performance Milestone II means satisfaction of each of the following events:

Performance Milestone II means (a) Borrower shall have [**] and (b) [**].

Examples of Performance Milestone II in a sentence

Subject to the terms and conditions of this Agreement, beginning on Borrower’s achievement of Performance Milestone II and continuing through June 30, 2021, Borrower may request and the Lenders shall severally (and not jointly) make an additional Term Loan Advance in a principal amount of Ten Million Dollars ($10,000,000), (the “Tranche 3 Advance”).
Minimum Cash* [Effective if and only if Borrower has both: (a) drawn the Tranche 2 Advance and (b) not achieved Performance Milestone II by September 30, 2021.
Subject to the terms and conditions of this Agreement, beginning on the date Borrower achieves Performance Milestone II and continuing through June 30, 2022, Borrower may request and Lenders severally (and not jointly) will make Term Loan Advances in an aggregate amount up to $7,500,000, in minimum increments of $2,500,000, or if the undrawn amount of the Tranche 3 Term Loan is less than $2,500,000, such lesser amount (each, a “Tranche 3 Term Loan Advance”).
For the avoidance of doubt, if the Tranche 2 Advance is not drawn or Borrower has achieved Performance Milestone II by September 30, 2021, then there shall be no minimum cash requirement.
Borrower, Agent and Lenders agree that, as of the date hereof, Performance Milestone II is deemed to have been satisfied.

More Definitions of Performance Milestone II

Performance Milestone II means [***].

Performance Milestone II means receipt by Agent prior to June 15, 2021, of evidence reasonably satisfactory to Agent that (a) Borrower has achieved Performance Milestone I and (b) Borrower is currently conducting or has completed a Phase 1 trial for a wholly-owned product candidate, and the FDA has not prohibited Borrower from proceeding with clinical trials under a separate IND submitted for a second product candidate that is also wholly-owned by the Borrower; provided that, for the avoidance of doubt, such second product candidate must be a molecular entity that is distinct from the product candidate evaluated in the Phase 1 trial, in each case subject to verification by Agent (including supporting documentation reasonably requested by Agent).

Performance Milestone II means (a) no Default or Event of Default shall have occurred and be continuing and (b) Borrower has (i) achieved Performance Milestone I and (ii) received at least One Hundred Twenty Million Dollars ($120,000,000) in cumulative All Source Proceeds (including amounts raised or received in connection with satisfaction of Performance Milestone I), which must include the completion of a bona fide equity financing, which financing shall include an institutional investor reasonably acceptable to Agent which was not an investor in Borrower as of the Closing Date, subject to verification by Agent (including supporting documentation reasonably requested by Agent); provided that Agent may, in its sole discretion, reduce such amount of minimum All Source Proceeds consistent with adjustments to Borrower’s projections and the anticipated timing of various events/initiatives, as reviewed and approved by Agent.

Performance Milestone II means confirmation by Agent, in Agent’s reasonable discretion, that after the Closing Date, but on or prior to November 30, 2019 (a) Performance Milestone I has occurred and (b) [* * *].

Performance Milestone II means (a) no Event of Default shall have occurred and be continuing and (b) Borrower has entered into a definitive agreement for [***] of [***] reasonably deemed validating by Agent, and the Company has dosed the first patient in [***], and, in each case, Agent shall have received supporting documentation thereof, which shall be subject to Agent’s reasonable verification.

Performance Milestone II means Parent having recognized, on a consolidated basis, Net Revenue from sales of Senhance Systems [*******************************************************************************], as verified by Agent acting reasonably.

Performance Milestone II means no later than October 31, 2020 (or, if (i) Performance Milestone I has been achieved or (ii) Borrower maintains Unrestricted Cash in an amount not less than $20,000,000 at all times from October 31, 2020 until the earlier of (x) December 31, 2020 or (y) the date this Performance Milestone II is met, no later than December 31, 2020), Borrower shall have announced that Borrower’s Phase 2b ECORESET trial has achieved the protocol-specified primary efficacy endpoint of a statistically significant improvement in clinical remission after 10 weeks of induction dosing and demonstrates an approvable safety profile, which together shall be sufficient to qualify as “pivotal” data for one of two pivotal studies necessary for the filing of the Biologics License Application to the FDA seeking regulatory approval of a Product for the treatment of mild-to-moderate ulcerative colitis.