Common use of Damages Threshold Clause in Contracts

Damages Threshold. Notwithstanding anything to the contrary herein, neither the Buyer Indemnified Parties nor the Seller Indemnified Parties shall be entitled to recover, or be indemnified for, Damages under either Section 6.1(a) or Section 6.2(a) of this Article VI unless and until the aggregate of all such Damages paid or payable by the Indemnifying Selling Parties collectively exceeds $100,000 (the “Damages Threshold”) and then, if such aggregate Damages Threshold is reached, the Parties shall only be entitled to recover for Damages in excess of such Damages Threshold, and then up to the Indemnity Cap (defined in Section 6.5(b) below), except with respect to any fraud or willful misconduct by the Company and/or the Stockholders or the Parent and/or the Buyer, as applicable, in connection with this Agreement.

Damages Threshold. Notwithstanding anything to the contrary herein, neither the Buyer Indemnified Parties nor the Seller Indemnified Parties shall be entitled to recover, or be indemnified for, Damages under either Section 6.1(a) or Section 6.2(a) of this Article VI unless and until the aggregate of all such Damages paid or payable by the Indemnifying Selling Parties collectively exceeds $100,000 (the “Damages Threshold”) and then, if such aggregate Damages Threshold is reached, the Parties shall only be entitled to recover for Damages in excess of such Damages Threshold, and then up to the Indemnity Cap (defined in Section 6.5(b) below), except with respect to any fraud or willful 49 misconduct by the Company and/or the Stockholders or the Parent and/or the Buyer, as applicable, in connection with this Agreement.

Damages Threshold. Notwithstanding anything to the contrary herein, neither the Buyer Indemnified Parties Company Stockholder nor the Seller Indemnified Parties Parent shall not be entitled to recover, or be indemnified for, Damages under either Section 6.1(a) 6.1 or Section 6.2(a) 6.2 of this Article VI unless and until the aggregate of all such Damages paid or payable by the Indemnifying Selling Parties Company Stockholder collectively exceeds $100,000 (the “Damages Threshold”) and then, if such aggregate Damages Threshold is reached, the Parties shall only be entitled to recover for Damages in excess of such Damages Threshold, and then up to the Indemnity Cap (defined in Section 6.5(b) below)Cap, except with respect to any fraud or willful misconduct by the Company and/or the Stockholders Stockholder or the Parent and/or the BuyerMergerCo, as applicable, in connection with this Agreement.

Damages Threshold. Notwithstanding anything to the contrary herein, neither the Buyer Indemnified Parties Stockholders nor the Seller Indemnified Parties Purchaser shall not be entitled to recover, or be indemnified for, Damages under either Section 6.1(a) or Section 6.2(a) of this Article VI unless and until the aggregate of all such Damages paid or payable by the Indemnifying Selling Parties Stockholders collectively exceeds $100,000 (the “Damages Threshold”) and then, if such aggregate Damages Threshold is reached, the Parties shall only be entitled to recover for Damages in excess of such Damages Threshold, and then up to the Indemnity Cap (defined in Section 6.5(b) below), except with respect to any fraud or willful misconduct by the Company and/or the Stockholders or the Parent and/or the BuyerPurchaser, as applicable, in connection with this Agreement.