Common use of Damage Threshold Clause in Contracts

Damage Threshold. Notwithstanding the foregoing, the Former Target Stockholders shall have no liability under Section 10.1 and Acquiror may not receive any shares from the Escrow Fund unless and until an Officer's Certificate or Certificates (as defined in Section 10.5 below) for an aggregate amount of Acquiror's Damages in excess of $125,000 has been delivered to the Stockholders' Agents and to the Escrow Agent; PROVIDED, HOWEVER, that after an Officer's Certificate or Certificates for an aggregate of $125,000 in Damages has been delivered, Acquiror shall be entitled to receive Escrow Shares equal in value to the full amount of Damages identified in such Officer's Certificate or Certificates.

Damage Threshold. Notwithstanding the foregoing, the Former Target Stockholders Shareholders shall have no liability under Section 10.1 and Acquiror may not receive any shares from the Escrow Fund unless and until an Officer's Certificate or Certificates (as defined in Section 10.5 below) for an aggregate amount of Acquiror's Damages in excess of $125,000 50,000 has been delivered to the StockholdersShareholders' Agents and to the Escrow Agent; PROVIDED, HOWEVER, that after an Officer's Certificate or Certificates for an aggregate of at least $125,000 50,000 in Damages has been delivered, Acquiror shall shall, subject to Section 10.8, be entitled to receive Escrow Shares equal in value to the full amount of Damages identified in such Officer's Certificate or Certificates. Notwithstanding anything to the contrary contained in this Section 10.3, any claim for reimbursement made pursuant to Section 6.8 shall not be subject to this Section 10.3.

Damage Threshold. Notwithstanding the foregoing, the Former Target Stockholders Shareholders shall have no liability under Section 10.1 and Acquiror may not receive any shares from the Escrow Fund unless and until an Officer's Certificate or Certificates (as defined in Section 10.5 below) for an aggregate amount of Acquiror's Damages in excess of $125,000 50,000 has been delivered to the StockholdersShareholders' Agents and to the Escrow Agent; PROVIDED, HOWEVER, that after an Officer's Certificate or Certificates for an aggregate of $125,000 50,000 in Damages has been delivered, Acquiror shall be entitled to receive Escrow Shares equal in value to the full amount of Damages identified in such Officer's Certificate or Certificates.

Damage Threshold. Notwithstanding the foregoing, the ---------------- Former Target Stockholders Shareholders shall have no liability under Section 10.1 and Acquiror may not receive any shares from the Escrow Fund unless and until an Officer's Certificate or Certificates (as defined in Section 10.5 below) for an aggregate amount of Acquiror's Damages in excess of $125,000 100,000 has been delivered to the StockholdersShareholders' Agents and to the Escrow Agent; PROVIDEDprovided, HOWEVERhowever, that -------- ------- after an Officer's Certificate or Certificates for an aggregate of $125,000 100,000 in Damages has been delivered, Acquiror shall be entitled to receive Escrow Shares equal in value to the full amount of Damages identified in such Officer's Certificate or Certificates.