Common use of Minimum Threshold Clause in Contracts

Minimum Threshold. The Redback Parties, Newco and their respective officers, directors, employees or agents shall not be entitled to receive any Escrow Securities or other property comprising the Escrow Fund, and shall not otherwise be entitled to any indemnification under the Escrow Agreement, unless and until one or more of them have made claims for indemnification in the manner provided in the Escrow Agreement specifying Losses in an aggregate amount of not less than $250,000, in which case such Persons shall be entitled to be indemnified out of the Escrow Fund in the manner provided in the Escrow Agreement for the full amount of any and all Losses, including the initial Losses up to such $250,000 threshold.

Appears in 1 contract

Sources: Arrangement Agreement (Redback Networks Inc)

Minimum Threshold. The Redback Purchaser Parties, Newco and their respective officers, directors, employees or agents shall not be entitled to receive any Escrow Securities or other property comprising the Escrow Fund, and shall not otherwise be entitled to any indemnification under the Escrow Agreement, unless and until one or more of them have made claims for indemnification in the manner provided in the Escrow Agreement specifying Losses in an aggregate amount of not less than $250,00050,000, in which case such Persons shall be entitled to be indemnified out of the Escrow Fund in the manner provided in the Escrow Agreement for the full amount of any and all Losses, including the initial Losses up to such $250,000 50,000 threshold.

Appears in 1 contract

Sources: Arrangement Agreement (Cray Inc)