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Biotech / Medical : AMEV-Applied Molecular Evolution

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To: rkrw who started this subject4/16/2001 12:54:37 AM
From: tuck  Read Replies (2) of 164
 
Correction: no milestone for PI. Found it in the S-1:

>>6.12(a) MEDIMMUNE shall pay to IXSYS the following milestone payments upon the
occurrence of the following events with respect to a PRODUCT and all or a
portion of such milestone payment may be made by the purchase of common stock of
IXSYS in accordance with Section 6.12(d):

A. PRODUCT for *** indication

EVENT PAYMENT

(1) Initiate Phase II Clinical Trial ***

(2) Initiate a Phase III Clinical Trial ***

(3) Submission of a Biologics License Application in the
United States or an equivalent for Europe (or any
country in Europe) or Japan ***

(4) Approval of a Biologics License Application in the
United States ***

(5) Approval to sell in Europe (or any country in Europe)
including pricing approvals ***

(6) Approval to sell in Japan including pricing approvals ***

B. PRODUCT for an indication other than *** indication.

EVENT PAYMENT

(1) Initiate Phase II Clinical Trial ***

(2) Initiate a Phase III Clinical Trial ***

(3) Submission of a Biologics License Application

*** CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION

-11-
<PAGE> 12

in the United States or an equivalent for Europe
(or any country in Europe) or Japan ***

(4) Approval of a Biologics License Application in the
United States ***

(5) Approval to sell in Europe (or any country in Europe)
including pricing approvals ***

(6) Approval to sell in Japan including pricing approvals ***

C. Sales Milestones

EVENT PAYMENT

(1) Cumulative NET SALES of PRODUCTS in a calendar year
exceeds *** ***

(2) Cumulative NET SALES of PRODUCTS in a calendar year
exceeds *** ***

(b) Each of the *** milestones shall be paid *** whereby the total milestone
payment for all PRODUCTS is: (i) *** under Section 6.12(a) A ; (ii) *** under
Section 6.12(a) B ; and (iii) *** under Section 6.12(a) C.

(c) The milestone payments under Section 6.12(a) are due and payable sixty (60)
days after the applicable milestone occurs.

(d) At its option, MEDIMMUNE may make the milestone payment due under Section
6.12(a) in the form of a purchase of common stock of IXSYS on the date the
applicable milestone payment is due in a dollar amount equal to the applicable
milestone payment<< . . . (further boilerplate concerning milestones snipped)

Cheers, Tuck
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