Humanigen Inc (HGENQ)

[cowtown jay]

see pg 40/85

2. Milestone Payments
The Purchaser, the Foreign Subsidiary, and any other entity that is an Affiliate of the
Purchaser or Foreign Subsidiary that acquires any of the Acquired Assets (the “Regulatory
Milestone Parties” which Regulatory Milestone Party shall include any entity that merges with or
enters into a joint venture with any of the Regulatory Milestone Parties), may be obligated to pay
to the Debtor or its successor or assignee (including, but not limited to, statutory trustees, plan
trustees, plan administrators, litigation trustees, and liquidating trustees) certain contingent
payments (the “Milestone Payments”) in consideration for the Acquired Assets upon achievement
of certain development and commercial milestone events set forth in more detail in section 2.5 of
the APA (as amended by the Third Amendment to Asset Purchase Agreement [Docket No. 140]
and the Fourth Amendment to Asset Purchase Agreement [Docket No. 153] (the “Fourth
Amendment to the APA”)) and summarized below:

https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1089767&projectCode=HUM&docketNumber=309&source=DM