Damage Threshold. Notwithstanding the foregoing, Acquiror may not receive any shares from the Escrow Fund unless and until the total amount of Damages incurred by Acquiror exceeds $25,000, provided, however, that after Acquiror has incurred an aggregate of $25,000 in Damages, Acquiror shall be entitled to receive Escrow Shares equal in value to the full amount of Damages.
Appears in 2 contracts
Sources: Merger Agreement (Deltagen Inc), Merger Agreement (Deltagen Inc)