abiomed , inc . and subsidiaries notes to consolidated financial statements 2014 ( continued ) note 14 . income taxes ( continued ) and transition and defines the criteria that must be met for the benefits of a tax position to be recognized . as a result of its adoption of fin no . 48 , the company has recorded the cumulative effect of the change in accounting principle of $ 0.3 million as a decrease to opening retained earnings and an increase to other long-term liabilities as of april 1 , 2007 . this adjustment relates to state nexus for failure to file tax returns in various states for the years ended march 31 , 2003 , 2004 , and 2005 . the company has initiated a voluntary disclosure plan . the company has elected to recognize interest and/or penalties related to income tax matters in income tax expense in its consolidated statements of operations . as of april 1 , 2007 , accrued interest was not significant and was recorded as part of the $ 0.3 million adjustment to the opening balance of retained earnings . as of march 31 , 2008 , no penalties have been accrued which is consistent with the company 2019s discussions with states in connection with the company 2019s voluntary disclosure plan . on a quarterly basis , the company accrues for the effects of uncertain tax positions and the related potential penalties and interest . the company has recorded a liability for unrecognized tax benefits in other liabilities including accrued interest , of $ 0.2 million at march 31 , 2008 . it is reasonably possible that the amount of the unrecognized tax benefit with respect to certain of the unrecognized tax positions will increase or decrease during the next 12 months ; however , it is not expected that the change will have a significant effect on the company 2019s results of operations or financial position . a reconciliation of the beginning and ending balance of unrecognized tax benefits , excluding accrued interest recorded at march 31 , 2008 ( in thousands ) is as follows: .
what is the maximum percentage of the june 2008 , contingent consideration for impella that must be satisfied in cash ? t
the company and its subsidiaries are subject to u.s . federal income tax , as well as income tax of multiple state and foreign jurisdictions . the company has accumulated significant losses since its inception in 1981 . all tax years remain subject to examination by major tax jurisdictions , including the federal government and the commonwealth of massachusetts . however , since the company has net operating loss and tax credit carry forwards which may be utilized in future years to offset taxable income , those years may also be subject to review by relevant taxing authorities if the carry forwards are utilized . note 15 . commitments and contingencies the company 2019s acquisition of impella provides that abiomed may be required to make additional contingent payments to impella 2019s former shareholders as follows : 2022 upon fda approval of the impella 2.5 device , a payment of $ 5583333 , and 2022 upon fda approval of the impella 5.0 device , a payment of $ 5583333 if the average market price per share of abiomed 2019s common stock , as determined in accordance with the purchase agreement , as of the date of one of these milestones is achieved is $ 22 or more , no additional contingent consideration will be required with respect to that milestone . if the average market price is between $ 18 and $ 22 on the date of the company 2019s achievement of a milestone , the relevant milestone payment will be reduced ratably . these milestone payments may be made , at the company 2019s option , with cash or stock or by a combination of cash or stock , except that no more than an aggregate of approximately $ 9.4 million of these milestone payments may be made in the form of stock . if any of these contingent payments are made , they will result in an increase in the carrying value of goodwill . in june 2008 , the company received 510 ( k ) clearance of its impella 2.5 , triggering an obligation to pay $ 5.6 million of contingent payments related to the may 2005 acquisition of impella . these contingent payments may be made , at the company 2019s option , with cash , or stock or by a combination of cash or stock under circumstances described in the purchase agreement related to the company 2019s impella acquisition , except that approximately $ 1.8 million of the remaining $ 11.2 million potential contingent payments must be made in cash . it is the company 2019s intent to satisfy the impella 2.5 510 ( k ) clearance contingent payment through issuance of common shares of company stock. .