Tail Payment Clause Samples

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Tail Payment. If, within twelve (12) months of the Closing, the Company completes a financing transaction with a party introduced to the Company by the Warrant Agent or its sub dealers in connection with the PPO Unit Offering who also participated in the PPO Unit Offering, but excluding any Company shareholder who invested prior to the PPO Unit Offering (a “Fee Tail Party”), the Warrant Agent shall be entitled to receive a cash commission from the Company in an amount equal to 10% of the gross amount of the investment made by the Fee Tail Party in such financing transaction.
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Tail Payment. In addition to the Co-Promotion Fee, Valeant shall pay to Zogenix an amount equal to [***] ([***]%) of the [***] during the Tail Period (the “Tail Payment”).
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Tail Payment. Following the Term, except as set forth in Section 8.4(a), Zogenix shall pay Mallinckrodt an amount equal to [***] of the Mallinckrodt Net Sales [***], which calculation shall be made using the [***] Mallinckrodt Call List and the Net Selling Price for the [***] (such period, the “Tail Period”, such payment, a “Tail Payment”). The Tail Payment will be paid to Mallinckrodt within [***] after the end of the Tail Period, and will not be subject to [***], unless the Parties agree otherwise.
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Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to five percent (5%) of the cash the Company receives from Opaleye L.P. and affiliated funds, Dafna Life Science, LP, Dafna Lifescience Market Neutral LP, Dafna Lifescience Select, LP and affiliated funds, Brio Capital Master Fund Ltd and affiliated funds or Montrose Capital Limited in a financing transaction involving the sale by the Company of securities of the Company at any time prior to August 6, 2014 (the “Tail Payment”); provided, however, the Tail Payment shall only be payable by the Company to the extent that M▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ and S▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (collectively referred to as the “Brokers”) are employed by the Warrant Agent at the closing of the financing transaction triggering the Tail Payment unless the Warrant Agent assigns the right to receive the Tail Payment to a registered broker dealer at which the Brokers are registered at the time of such subsequent financing, in which case the Company will pay such Tail Payment to such assignee upon the written instructions of the Warrant Agent.
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Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to five percent (5%) of the cash the Company receives from Opus Point Healthcare Innovations Fund, L.P. and affiliated funds in a financing transaction involving the sale by the Company of securities of the Company at any time prior to August 6, 2014 (the “Tail Payment”).
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Tail Payment. The Company shall also pay to the Warrant Agent a cash fee equal to Ten Percent (10%) if any person or entity contacted by the Warrant Agent or its sub dealers in connection with PPO Unit Offering, which person was introduced to the Company prior to or during the PPO Unit Offering invests in the Company or is involved in a financing transaction involving the sale by the Company of securities of the Company at any time prior to September 28, 2015 (the “Tail Payment”); provided, however, the Tail Payment shall only be payable by the Company to the extent that ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (collectively referred to as the “Brokers”) are employed by the Warrant Agent at the closing of the financing transaction triggering the Tail Payment unless the Warrant Agent assigns the right to receive the Tail Payment to a registered broker dealer at which the some or all of Brokers are registered at the time of such subsequent financing, in which case the Company will pay such Tail Payment to such assignee upon the written instructions of the Warrant Agent.
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Tail Payment. Section 7.2 of the Co-Promotion Agreement shall be amended and restated in its entirety as follows: “Zogenix shall pay Mallinckrodt an amount equal to [***] of the Mallinckrodt Net Sales during the period beginning on February 1, 2014 continuing through January 31, 2015 (the “Tail Period”, such payment, a “Tail Payment”). The Tail Payment will be paid to Mallinckrodt within [***] after the end of the Tail Period, and will not be subject to [***], unless the Parties agree otherwise.” For purposes of calculating the payment due to Mallinckrodt under Section 7.2, as amended above, the calculation shall be made using the Mallinckrodt Call List attached as Exhibit B and the Net Selling Price for such calculation shall be the Net Selling Price used to calculate the final Service Fee payment due under Section 4 hereof. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
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Tail Payment. 5.4.1 In addition to the other amounts payable pursuant to this Article V, in the event that the sum of the aggregate Net Sales of the Product during the Co-Promotion Term in 2007 and 2008 exceeds [**] Dollars ($[**]), then additional commissions shall be payable by MLNM to OBI based on Net Sales in 2009 and 2010 (each, a “Tail Payment”), as follows: (a) In the event that Net Sales in 2009 exceed Four Hundred Million Dollars ($[**]), MLNM shall pay OBI a Tail Payment based on Net Sales in 2009 calculated as follows: Tail Payment = [**], up to an amount not to exceed $[**]; and (b) In the event that Net Sales in 2010 exceed [**] Dollars ($[**]), MLNM shall pay OBI a Tail Payment based on Net Sales in 2010 calculated as follows: Tail Payment = [**], up to an amount not to exceed $[**]. 5.4.2 By way of example, in the event that aggregate Net Sales of the Product are $[**]. In such events, the [**] calculated for use in determining the Tail Payments in 2009 and 2010 would be: [**]. 5.4.3 No Tail Payment shall be earned or become payable based on Net Sales in 2009 or 2010 if the sum of the aggregate Net Sales in 2007 and 2008 is less than [**] Dollars ($[**].
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Related to Tail Payment

  • Annual Payment During each calendar year, an employee may choose to receive payment for up to twenty (20) hours of accrued vacation leave or compensatory time. Request for payment may be made in November or December of each year. Such payment shall be made during the month of November or December and will be granted only if the employee has taken at least forty (40) hours of vacation/compensatory time during the calendar year. Such payment shall be at the base hourly rate only, no add-ons.

  • ▇▇▇▇▇▇▇▇▇ Payment The Company shall pay to you the following amounts: i. the Accrued Obligations, which shall be paid to you in a single lump sum cash payment within fifteen (15) calendar days of the Date of Termination; ii. the Pro Rata Bonus, which shall be paid to you in a single lump sum cash payment no later than the later of (A) fifteen (15) calendar days following the Date of Termination or (B) the effective date of the Waiver and Release; iii. an amount equal to the product of (A) 2.0 times (B) the sum of (1) your Adjusted Base Salary plus (2) the greater of (x) your Target Bonus or (y) the average of the annual bonuses paid or to be paid to you with respect to the immediately preceding three (3) fiscal years, which amount shall be paid to you in a single lump sum cash payment no later than the later of (i) fifteen (15) calendar days following the Date of Termination or (ii) the effective date of the Waiver and Release; iv. if you had previously consented to the Company’s request to relocate your principal place of employment more than forty (40) miles from its location immediately prior to the Change of Control, all unreimbursed relocation expenses incurred by you in accordance with the Company’s relocation policies, which expenses shall be paid to you in a single lump sum cash payment no later than the later of (A) fifteen (15) calendar days following the Date of Termination or (B) the effective date of the Waiver and Release; and v. the Other Benefits, which shall be paid in accordance with the then-existing terms and conditions of such plans, programs or policies.

  • Cash Payment The Employee shall make cash payments by wire transfer, certified or bank check or personal check, in each case payable to the order of the Company; the Company shall not be required to deliver certificates for Option Shares until the Company has confirmed the receipt of good and available funds in payment of the purchase price thereof.

  • Upfront Payment Upon the execution of this Agreement, the Lessee shall pay to the Lessor the following: (check one) ☐ - First Month’s Rent of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) ☐ - Last Month’s Rent of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) ☐ - Security Deposit of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) POSSESSION. Possession shall commence on [MM/DD/YYYY], unless otherwise agreed upon. The Lessor shall use due diligence to give possession as nearly as possible at the beginning of the Term. The Rent shall be prorated in consideration of any delay in providing possession, but the Term shall not be extended as a result of such delay. The Lessee shall make no other claim against the Lessor for the delay in obtaining possession of the Premises.

  • Rental Payment Licensee agrees to pay to LRPM as a license fee for the use of the parking space(s) granted under this Agreement, the sum listed above in one lump sum payment for each parking space. Payment shall be made payable to Legacy Realty & Property Management, LLC and is due at the time of submission of the signed agreement. Any agreement received is not considered complete unless payment is included.