Common use of Threshold for Contributor Clause in Contracts

Threshold for Contributor. Notwithstanding anything contained herein to the contrary, the Contributor shall not be liable under Section 3.3(b) or this Agreement unless and until the aggregate amount of all Losses recoverable by the Indemnified Company Parties under Section 3.3(b) and this Agreement for which the Contributor would, but for this provision, be liable exceeds on an aggregate basis one percent (1%) of the Consideration (valuing each Unit at the per-share initial public offering price of the Common Stock in the Public Offering) and then only to the extent of such excess.

Threshold for Contributor. Notwithstanding anything contained herein to the contrary, the no Contributor shall not be liable under Section 3.3(b) or this Agreement unless and until the aggregate amount of all Losses recoverable by the Indemnified Company Parties under Section 3.3(b) and this Agreement for which the such Contributor would, but for this provision, be liable exceeds on an aggregate basis one percent (1%) of the Consideration (valuing each Unit at the per-share initial public offering price of the Common Stock in the Public Offering) paid to such Contributor hereunder and then only to the extent of such excess.