Milestone 1. Milestone 1 shall be satisfied upon a declaration by the USPTO of an interference between a pending patent application in the Technology and U.S. Patent No. 6,296,673 (the “Interfering Patent). Within thirty (30) days after Fluidigm receives written notice of the USPTO declaration of interference, Fluidigm will issue shares of its stock having a value of $600,000 (based on the fair value of the stock at the time Milestone 1 is achieved), subject to compliance with applicable securities laws.
Milestone 1. Upon the Parties’ joint confirmation that completion of Milestone 1 has occurred, STRATEC shall invoice QTX for the amount due as set forth above. QTX shall remit Payment to STRATEC within thirty (30) days of receipt of the invoice. In the event that the Parties are unable to complete Milestone 1 within thirty (30) of the Effective Date, either Party may terminate this Agreement with fifteen (15) days prior written notice to the other Party, and notwithstanding anything in this Agreement to the contrary, such right of termination shall not be subject to the dispute resolution procedures set forth in Section 7.14.
Milestone 1. As soon as practicable after Milestone 1 has been achieved, the Buyer must give written notice to the Sellers to that effect (Milestone 1
Milestone 1. If the Milestone 1 Target is achieved during the Milestone Achievement Period, then no later than the fifth (5th) Business Day after Parent files its first Quarterly Report on Form 10-Q, or Annual Report on Form 10-K, as applicable (“SEC Report”), with the Securities and Exchange Commission (the “SEC”) following the end of the four (4) consecutive calendar quarters during which the Milestone 1 Target is achieved, Parent shall deliver to the Rights Agent (i) a certificate (the “Milestone 1 Compliance Certificate”) certifying that the Holders are entitled to receive the Milestone 1 Payment and (ii) an amount in cash equal to the aggregate Milestone 1 Payment with respect to the CVRs held by all Holders. The Rights Agent shall promptly (and in no event later than five (5) Business Days after receipt thereof by the Rights Agent) send to each Holder at its address set forth in the CVR Register a copy of the Milestone 1 Compliance Certificate and an amount in cash equal to the Milestone 1 Payment with respect to each CVR held by such Holder. In the event that the Milestone 1 Target is not achieved prior to the end of the Milestone Achievement Period, the Holders shall have no right to receive the Milestone 1 Payment with respect to their CVRs.
Milestone 1. Licensee shall obtain the grant of the approval of Licensee’s Investigational New Drug (IND) Application by the Food and Drug Administration (“FDA”) for at least one Licensed Product within the Field on or before twenty-four (24) months from the Effective Date of this Agreement;
Milestone 1. 1 Stock Price will be calculated using a 30 day Volume Weighted Average Price (VWAP) *Confidential portion has been omitted and filed separately with the Securities and Exchange Commission
Milestone 1. In the event that Foot & Ankle Revenue for the period between January 1, 2014 and December 31, 2014 (the “First Period”) exceeds Baseline Revenue in the First Period by an amount equal to or greater than $12,000,000, Acquiror shall pay to the Paying Agent, within 30 Business Days of such determination and in no event later than three months following the end of the First Period, a payment in the amount of $1,500,000.
Milestone 1. Within three (3) months of contract award, the Contractor shall provide to the HHS for review and acceptance a milestone-driven Product Development Plan for development of influenza antiviral drugs. This plan shall include: a) in vitro and in vivo antiviral testing, b) pre-clinical studies (already completed) to support clinical evaluation; c) process development and scale up manufacturing of antiviral compounds; d) clinical and consistency lot manufacturing for FDA product licensure, e) general clinical development plan including development and validation of clinical sample assays; f) product lot release assay development and validation, and g) regulatory master plan for product licensure. Antiviral agents used in these studies may be produced by the Contractor or a corporate partner.
Milestone 1. At the end of the third (3rd ) year, TSI must have achieved sales of at least fifteen thousand dollars ($15,000) or EclipseIR has the right to terminate this Agreement.
