Common use of Damage Threshold Clause in Contracts

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)