First Milestone Payment definition

First Milestone Payment has the meaning given in Section 5.01(a).

First Milestone Payment. 5.3 “GCPs” 4.5 “GLPs” 4.5 “Incoterms 2000” 6.7 “INDs” 8.3 “Initial Forecast” 6.2(a) “Know-how Royalty” 6.9 “Licenses” 2.1 “Minimum Net Sales” 7.2

First Milestone Payment means the first Milestone Payment identified in Exhibit G (Payment Plan and Termination Liability Amounts), equaling [*****].

Examples of First Milestone Payment in a sentence

• In the event Developer is unable to obtain such approval, the foregoing undertakings and obligations shall be null and void with the exception of the First Milestone Payment set forth in Section 2.5 and except as otherwise specifically stated herein.

• For the avoidance of doubt, if Biota elects to make any portion of the First Milestone Payment by issuing First Milestone Shares, such First Milestone Shares will not be subject to the restriction provided in the previous sentence, but will be subject to any applicable restrictions on transfer provided in any applicable securities Laws.

• Subject to the provisions of Section 2.8 and Section 2.10(c), upon its election, Biota may satisfy its obligation to make any portion of the First Milestone Payment by the issuance to each Seller of such Seller’s Pro Rata Share of the First Milestone Shares being issued by Biota, with any fraction of a share of Biota Common Stock being treated as provided in Section 2.10(d) below.

• In the event the First Milestone Payment becomes due and Biota elects to make the First Milestone Payment by issuing shares of Biota Common Stock up to the Share Cap, then Biota undertakes pay to the Paying Agent in addition to the First Milestone Shares an amount in cash equal to the difference between the amount of the First Milestone Payment and the Reference Market Value for the First Milestone Shares being issued.

• For the avoidance of doubt, each of the foregoing First Milestone Payment and Second Milestone Payment shall be payable only once and shall be due irrespective of whether AP611074 or any rights related thereto have been licensed or assigned by Biota to any Person.

More Definitions of First Milestone Payment

First Milestone Payment means the first Milestone Payment identified in Exhibit 3.

First Milestone Payment as defined in Section 2.7.2. “First Option Period” as defined in Section 2.7.2. “First Sale Notice” as defined in Section 2.7.2. “HSR Act” as defined in Section 6.6. “Inbound Technology” as defined in Section 3.9.5. “Inbound Technology Agreements” as defined in Section 3.9.5. “Indemnitee” as defined in Section 9.4. “Indemnitor” as defined in Section 9.4. “Inventory” as defined in Section 2.1.7. “Minimum Claim Amount” as defined in Section 9.2. “Negotiation Period” as defined in Section 6.14. “Offset Amount” as defined in Section 2.7.1. “Offset Dispute” as defined in Section 2.7.1. “Organizational Documents” as defined in Section 3.1. “Outbound Technology Agreements” as defined in Section 3.9.6. “Payment Due Date” as defined in Section 2.7.1. “Post-Closing Consideration” as defined in Section 2.7.1. “Prepaid Expenses” as defined in Section 2.1.8. “Purchased Assets” as defined in Section 2.1. “Purchase Price Allocation Schedule” as defined in Section 2.6. “Permits” as defined in Section 2.1.5. “Restrictive Covenants” as defined in Section 6.10.2. “Retained Claims” as defined in Section 2.4.4. “Second Milestone Date” as defined in Section 2.7.2. “Second Option Period” as defined in Section 2.7.2. “Second Sale Notice” as defined in Section 2.7.2. “Seller” as defined in the preamble to this Agreement. “Seller Fundamental Representations” as defined in Section 9.1. “Seller Indemnified Parties” as defined in Section 9.3. “Seller Inventory Trademarks” as defined in Section 6.13. “Soothe® Terms” as defined in Section 6.14. “Third Party Negotiation Period” as defined in Section 6.14. “Third Party Sale” as defined in Section 6.14. “Trademarks” as defined in Section 3.10.2. “Transfer Taxes” as defined in Section 6.5.

First Milestone Payment means an amount equal to $[ ] per CVR, payable in cash.(1)

First Milestone Payment is defined in Section 8.2.

First Milestone Payment means and refer to the payment of $5,000,000 to be made in accordance with the requirements of Section 2.4 (a)(iv).

First Milestone Payment has the meaning set forth in Annex A.

First Milestone Payment means the first Milestone Payment identified in Exhibit 2. DigitalGlobe Proprietary and Confidential Use or disclosure of data is subject to the restriction on the title page of this document. WV3 Instrument Purchase Agreement 60151 Document No. 10329740