Common use of Employee Issues Clause in Contracts

Employee Issues. (a) Schedule 13.11(a) contains a true, correct and complete list of all employees (listed by job classification) of Seller involved solely in the GA Business as of the date of this Agreement (collectively, the “Business Personnel”), and a description of the rate and nature of all compensation payable to each such individual. Schedule 13.11(a) also lists those Business Personnel who as of the date of this Agreement are inactive, on worker’s compensation, or on family, medical or any other leave of absence, and any Business Personnel who perform light duty or have work restrictions. Except as set forth on Schedule 13.11(a), the employment of all Business Personnel is terminable at will. Seller has no unsatisfied liability to any previously-terminated Business Personnel. (b) Except as set forth on Schedule 13.11(b), as of the date of this Agreement, no Claim before any Governmental Authority brought by or on behalf of any current, former or prospective employee, any current, former or prospective independent contractor, or any retiree, labor organization or other representative of employees of Seller (i) has been brought at any time since March 9, 2021; or (ii) is pending or, to the Knowledge of Seller, threatened in writing, against Seller. (c) Neither Seller, nor to the Knowledge of Seller, any Representative of Seller, has made any written or oral contract with, or promise or other representation (whether IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" 4858-7384-8369v5 2954978-000007 09/08/2022" "" 4858-7384-8369v5 2954978-000007 09/08/2022 or not legally enforceable) to, any employee, officer or consultant regarding continued employment by or work with Purchaser after the Closing Date. (d) Seller has not effectuated a “plant closing” (as defined in the WARN Act) or a “mass layoff” (as defined in the WARN Act) affecting the Property. Seller has not been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any state or local Law similar to the WARN Act.

Employee Issues. (a) Schedule 13.11(a) contains a true, correct and complete list of all employees (listed by job classification) of Seller involved solely in the GA Business as of the date of this Agreement (collectively, the “Business Personnel”), and a description of the rate and nature of all compensation payable to each such individual. Schedule 13.11(a) also lists those Business Personnel who as of the date of this Agreement are inactive, on worker’s compensation, or on family, medical or any other leave of absence, and any Business Personnel who perform light duty or have work restrictions. Except as set forth on Schedule 13.11(a), the employment of all Business Personnel is terminable at will. Seller has no unsatisfied liability to any previously-terminated Business Personnel. (b) Except as set forth on Schedule 13.11(b), as of the date of this Agreement, no Claim before any Governmental Authority brought by or on behalf of any current, former or prospective employee, any current, former or prospective independent contractor, or any retiree, labor organization or other representative of employees of Seller (i) has been brought at any time since March 9, 2021; or (ii) is pending or, to the Knowledge of Seller, threatened in writing, against Seller. (c) Neither Seller, nor to the Knowledge of Seller, any Representative of Seller, has made any written or oral contract with, or promise or other representation (whether IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" 4858-7384-8369v5 2954978-000007 09/08/2022" "" 4858-7384-8369v5 2954978-000007 09/08/2022 or not legally enforceable) to, any employee, officer or consultant regarding continued employment by or work with Purchaser after the Closing Date. (d) Seller has not effectuated a “plant closing” (as defined in the WARN Act) or a “mass layoff” (as defined in the WARN Act) affecting the Property. Seller has not been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any state or local Law similar to the WARN Act.