Commercial Milestones. In partial consideration of the rights granted by AstraZeneca to Licensee hereunder, Licensee shall pay to AstraZeneca the following payments, which shall be non-refundable, non-creditable and fully earned upon the first achievement of the applicable milestone event:
Commercial Milestones. In partial consideration of the rights granted by MedImmune to Licensee hereunder, Licensee shall pay to MedImmune the following payments, which shall be nonrefundable, noncreditable and fully earned upon the achievement of the applicable milestone event:
Commercial Milestones. Buyer shall pay a non-creditable, non-refundable milestone payment for each of the milestone events set forth in this Section 3.4 (each a “Commercial Milestone”), whether the Commercial Milestone is achieved by Buyer, its Affiliates or Licensees, or any Third Party acting on behalf of Buyer, its Affiliates or Licensees. Payment for each of the Commercial Milestones shall be made only once regardless of how many times a Product achieves the corresponding Commercial Milestone, and no payment shall be due for any Commercial Milestone which is not achieved. The Commercial Milestones shall be as follows: Commercial Milestone Payment Aggregate worldwide Net Sales of Product that exceed [****] United States dollars ($[****]) based on the aggregate of all Net Sales of Product since the first commercial sale of Product [****] United States dollars ($[****]) Aggregate worldwide Net Sales of Product that exceed [****] United States dollars ($[****]) based on the aggregate of all Net Sales of Product since the first commercial sale of Product [****] United States dollars ($[****]) Aggregate worldwide Net Sales of Product that exceed [****] United States dollars ($[****]) based on the aggregate of all Net Sales of Product since the first commercial sale of Product [****] United States dollars ($[****]) Buyer shall provide Seller with written notice within sixty (60) days of Buyer becoming aware of the occurrence of any of the Commercial Milestones (which awareness shall not be deemed to occur prior to twenty (20) days following the end of the fiscal quarter in which such milestone was achieved) and the payment pertaining to such Commercial Milestone shall be made by Buyer to Seller within ninety (90) days after the end of the calendar year in which such Commercial Milestone is achieved.
Commercial Milestones. As further partial consideration for the rights and licenses granted to ARES TRADING, ARES TRADING shall pay to Intrexon, with respect to each Product, the one-time, non-refundable, non-creditable payments set forth below. ARES TRADING shall deliver written notice to Intrexon within thirty (30) days of the end of the Calendar Year in which a commercial milestone occurs. ARES TRADING shall pay the commercial milestone within thirty (30) days following the receipt of the corresponding invoice by ARES TRADING. For clarity, the milestone payments in this Section 8.3(d) shall be additive such that if more than one of the milestones specified below are achieved in the same Calendar Year, then the milestone payments for all such milestones shall be payable. Annual Worldwide Net Sales of the Product Milestone Payment Equal or exceed $[*****] [***** ] Equal or exceed $[*****] [***** ] Equal or exceed $[*****] [***** ] Equal or exceed $[*****] [***** ] For clarity, the payments made under this Section 8.3(d) shall not exceed [*****] per Product.
Commercial Milestones. Sanofi-Aventis shall make the milestone payments set forth below to Exelixis after the achievement of each of the following events by Sanofi-Aventis or any of its Affiliates or sublicensees for each Product. Each milestone payment shall be made by Sanofi-Aventis within [ * ] after the end of the year in which such milestone event is met:
Commercial Milestones. On an Option Program-by-Option Program basis, following Biogen’s exercise of its Option with respect to a given Option Program in accordance with Section 2.3 (Option Exercise), Biogen will make one-time milestone payments (each, a “Commercial Milestone Payment”) to Denali upon the first achievement by Biogen or its Affiliates or Sublicensees of each of the commercial milestone events (each, a “Commercial Milestone Event”) set forth in TABLE 9.3.2(a) [***] or TABLE 9.3.2(b) [***] below for the first Option Product [***] to achieve the applicable Commercial Milestone Event. For the avoidance of doubt, each Commercial Milestone Payment hereunder will be payable only once per Option Program upon the first achievement of the applicable Commercial Milestone Event by an Option Product that is the subject of such Option Program. No additional Commercial Milestone Payments will be made for any subsequent achievement of such Commercial Milestone Event by any other Option Product that is the subject of such Option Program. Biogen will notify Denali in writing of the achievement of a Commercial Milestone Event by Biogen or its Affiliates or Sublicensees no later than [***] after Biogen becomes aware of the achievement thereof. Thereafter, Denali will provide Biogen with an invoice for the corresponding Commercial Milestone Payment, and Biogen will pay to Denali such Commercial Milestone Payment no later than [***] after its receipt of invoice for such Commercial Milestone Payment. [***] TABLE 9.3.2(a) – [***] Commercial Milestones Commercial Milestone Event Commercial Milestone Payment (US$) [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. TABLE 9.3.2(b) – [***] Commercial Milestones Commercial Milestone Event Commercial Milestone Payment (US$) [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] A Commercial Milestone Event in a particular country shall be deemed to be achieved for an Indication if the relevant Regulatory Approval in a given country for an Option Product has a label for such Indication. [***]
Commercial Milestones. 7.3.1 Until such time as a Partnering Arrangement is entered into by Zealand in relation to a Product in a Region, in the event that Zealand commercialises one or more Product(s) itself or through its Affiliates in such Region, Zealand shall pay to Protagonist the following non-refundable, non-rebateable and non-creditable amounts (each a “Commercial Milestone”) within [*] after the close of the first Zealand Fiscal Year in which the following aggregate annual Net Sales of all Products are achieved in that Region (the “Sales Threshold”): Region Fiscal Year Sales Threshold ($ million) Commercial Milestone ($ million) US [*] [*] [*] [*] [*] [*] Total [*] EU [*] [*] [*] [*] [*] [*] Total [*] ROW [*] [*] [*] [*] [*] [*] Total [*] [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Commercial Milestones. Commercial Milestones Aggregate Annual Net Sales Level Achievement of the Licensed Product in the Territory ([*]) Milestone Payment Amount [*] [*] Any milestone payment payable by Grünenthal pursuant to this Section 7.2 shall be made no more than once with respect to the achievement of each such milestone event.
Commercial Milestones. Gilead shall pay Hookipa the following one (l)-time Milestone Payments under this Section 9.2(d) upon the first achievement of the corresponding commercial milestone event for the first HBV Licensed Product and for the first HIV Licensed Product. For avoidance of doubt, the total Milestone Payments that may become due and payable under this Section 9.2(d) shall not exceed One Hundred Million USD ($100,000,000). CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[***]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Commercial Milestones. COBI will pay to AVEO the following commercial milestone payments upon the first achievement of the corresponding event with respect to each Licensed Product: Calendar Year Net Sales of Licensed Product in North America Payment First achievement of Calendar Year Net Sales in excess of $[**] [**] First achievement of Calendar Year Net Sales in excess of $[**] [**] First achievement of Calendar Year Net Sales in excess of $[**] [**] Calendar Year Net Sales of Licensed Product Outside of North America Payment First achievement of Calendar Year Net Sales in excess of $[**] [**] First achievement of Calendar Year Net Sales in excess of $[**] [**] First achievement of Calendar Year Net Sales in excess of $[**] [**]
