Second Closing Milestone definition

Second Closing Milestone means the receipt by the Board, following a meeting or written interactions with the FDA, of a positive recommendation from at least a majority of the members of a five (5) person panel engaged by the Board that it would be reasonable to expect that (i) an [ * ] clinical trial in an acute myeloid leukemia (AML) population would be successful and sufficient for [ * ] approval of the Company’s voreloxin drug candidate by the FDA [ * ], (ii) the proceeds from the Second Unit Closing and the Common Equity Closing, assuming each were to take place, together with other Cash resources of the Company, would be sufficient to fund the [ * ] clinical trial and the Company’s other corporate, development and regulatory activities to support the submission of a New Drug Application (NDA) to the FDA for the marketing and sale of voreloxin to treat an identified portion of the AML population and (iii) if the NDA is approved, voreloxin would be a commercially viable drug. The five (5) person panel shall be comprised of key opinion leaders with respect to the development and/or commercialization of drugs to treat AML or similar or related indications, [ * ]; the Company and the Majority Purchasers shall use commercially reasonable efforts to identify the members of the panel by no later than [ * ] or another date mutually agreed by the Majority Purchasers and the Company.
Sample 1Sample 2Sample 3
Second Closing Milestone means [ * ]
Sample 1
Second Closing Milestone has the meaning set forth in Section 3.2(a).
Sample 1

Examples of Second Closing Milestone in a sentence

  • In the event either Second Closing Milestone has been satisfied and the Company desires to proceed with the Second Closing, the Company shall promptly notify each of the Investors in writing of the satisfaction of a Second Closing Milestone and the number of Second Closing Shares that each Investor shall purchase in the Second Closing (the “Second Closing Notice”).

  • They were also concerned about being able to obtain hot-mix AC pavement late in the year.

  • If the Second Closing Milestone is not satisfied by a date that is within five (5) business days after the date that the Commission declares the Registration Statement effective, there shall be no Second Closing.

  • Investor shall give written notice to AVI of the occurrence of the Second Closing Milestone within ten (10) business days thereafter.

  • For the avoidance of doubt, the Company shall not be obligated to offer or sell Series 4-A Preferred Stock or Warrants pursuant to this Section 1.2(c) unless and until it has delivered a Second Closing Milestone Notice.

  • The consummation of the purchase and sale of the Purchased Shares pursuant to Section 2.2 (the “Second Closing”) shall, subject to the satisfaction of the conditions set forth in Article 0, xxxx place within thirty (30) days after the written notice referenced in such Section regarding the occurrence of the Second Closing Milestone, as specified in writing by Investor, or on such other date as the parties may agree (the “Second Closing Date”).

  • The above noted Second Closing Milestone is also conditioned on the then current effectiveness of the Company’s resale registration statement covering the Registrable Securities.

  • Within ten (10) days following achievement of the Second Closing Milestone, the Company shall provide the Investors with written notice thereof (the “Second Closing Milestone Notice”), which notice shall also indicate the Second Closing Date and, with respect to each Investor, the number of Shares and Common Warrants that such Investor is obligated to purchase at the Second Closing and the Second Closing Purchase Amount for such Investor in accordance with the terms of this Agreement.

  • Investor’s obligation at the Second Closing shall be subject to the condition that the Second Closing Milestone shall have occurred on or before * * *; Investor’s obligation at the Third Closing shall be subject to the condition that the Third Closing Milestone shall have occurred on or before * * *; and Investor’s obligation at the Fourth Closing shall be subject to the condition that the Fourth Closing Milestone shall have occurred on or before * * *.

  • Investor's obligation at the Second Closing shall be subject to the condition that the Second Closing Milestone shall have occurred on or before [ * ] Investor's obligation at the Third Closing shall be subject to the condition that the Third Closing Milestone shall have occurred on or before [ * ]; and Investor's obligation at the Fourth Closing shall be subject to the condition that the Fourth Closing Milestone shall have occurred on or before [ * ].


More Definitions of Second Closing Milestone

Second Closing Milestone means a recommendation by the Independent Data Monitoring Committee (the “IDMC”) for the Company’s ongoing pivotal phase 3 clinical trial of AGS-003 (the “ADAPT Study”) at or following the IDMC’s next regular meeting following the Initial Closing Date (currently scheduled for June 2016) (the “First IDMC Meeting”) that the Company (a) continue the ADAPT Study or (b) discontinue the ADAPT Study based on favorable efficacy.
Sample 1
Second Closing Milestone shall have the meaning ascribed to such term in Section 4.18(a).
Sample 1

Related to Second Closing Milestone

  • Second Closing Date means the date of the Second Closing.

  • Target Closing Date means three (3) Business Days following receipt of the Approval and Vesting Order, or such other date as the Parties may agree.

  • Second Closing has the meaning set forth in Section 2.2.

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

  • Third Closing Date has the meaning set forth in Section 2.2(c).

  • Put Closing Date shall have the meaning set forth in Section 2.3.8.

  • Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.

  • Third Closing shall have the meaning ascribed to such term in Section 2.1(c).

  • Initial Closing Price means the RI Closing Value of a Reference Item on the Strike Date

  • First Closing Date shall refer to the time and date of delivery of certificates for the Firm Shares and such Optional Shares). Any such time and date of delivery, if subsequent to the First Closing Date, is called an “Option Closing Date,” shall be determined by the Representatives and shall not be earlier than three or later than five full business days after delivery of such notice of exercise. If any Optional Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional Shares (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Optional Shares to be purchased as the number of Firm Shares set forth on Schedule A opposite the name of such Underwriter bears to the total number of Firm Shares. The Representatives may cancel the option at any time prior to its expiration by giving written notice of such cancellation to the Company.

  • Subsequent Closing has the meaning set forth in Section 3.2.

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

  • 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.

  • Final Closing Date shall have the meaning specified in Section 7.2(a) hereof.

  • Initial Closing Date shall have the meaning assigned to such term in Section 1.2 hereof.

  • Scheduled Closing Date Has the meaning specified in the Note Purchase Agreement.

  • Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.

  • Option Closing Date shall have the meaning ascribed to such term in Section 2.2(c).

  • Milestone Event has the meaning set forth in Section 8.2.1.

  • First Closing has the meaning set forth in Section 2.1(a).

  • Development Milestone Event has the meaning set forth in Section 7.2.1.

  • Parent Closing Price means the volume weighted average closing trading price of a share of Parent Common Stock on Nasdaq for the five consecutive trading days ending five trading days immediately prior to the date upon which the Merger becomes effective.

  • Amendment Closing Date means the first date that all the conditions precedent set forth in this Amendment are satisfied or waived in accordance herewith.

  • Offer Closing Date has the meaning set forth in Section 1.01(f).

  • Additional Closing Date has the meaning set forth in Section 3.

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