Common use of Technology Access Fee Clause in Contracts

Technology Access Fee. In partial consideration for Fibrocell’s appointment as an exclusive channel collaborator in the Field and the other rights granted to Fibrocell hereunder, Fibrocell shall issue to Intrexon, as an access fee for commercial license rights to the Intrexon IP granted under Section 3.1, certain equity interests in Fibrocell (each, a “Technology Access Fee”) in accordance with the terms and conditions of the Stock Issuance Agreement and the Registration Rights Agreement, each of even date herewith (collectively, the “Equity Agreements”). As set forth in the Equity Agreements, the Technology Access Fee will be that number of shares of Fibrocell common stock having a value equaling $3,293,800 (the number of shares to be calculated according to the terms of the Equity Agreements), and such shares issuance will occur contemporaneously with the execution of this Agreement and the Equity Agreements. Provided that all closing conditions for the Technology Access Fee Shares (as defined in the Equity Agreements) that are within the reasonable control of Intrexon have been satisfied or waived, the issuance of the Technology Access Fee Shares (as set forth in the Equity Agreements) is a condition subsequent to the effectiveness of this Agreement.