definiens: means June 30, 2010, assumingthat during the period from the execution date of the Merger Agreement through and including June 30, 2010, at least oneMilestone Payment has been received by the Company or its affiliates ( including Parent ) . For purposes of this Agreement, a shall mean the receipt by the Company or its affiliates ( including Parent ) during the period commencingon the execution date of the Merger Agreement through and including June 30, 2010 of a payment under either the Licenseand Research Collaboration Agreement between the Company and Merck & Co., Inc., dated March 5, 2007, or the AmendedPilot Study Agreement between the Company and Novartis Institute for Biomedical Research, Inc., dated September 9, 2005,up to a maximum aggregate amount of $ 5,000,000 . If the Milestone Date occurs, the Holders shall be entitled to the followingconsideration, to be delivered by the Rights Agent in accordance with the procedures set forth herein