Common use of Employee Issues Clause in Contracts

Employee Issues. Within 10 days after the date of this Agreement, Seller shall provide to Buyer the following: (i) a census of Seller's employees and (ii) a written disclosure of all benefits made available to Seller's employees (including qualified and non-qualified retirement plans). All employee benefit plans maintained by Seller for its employees shall be fully funded prior to Closing. Seller shall pay all wages, commissions, accrued vacation pay (if any) and other accrued compensation earned by Seller's employees prior to Closing (together with all accrued FICA and withholding taxes). Seller shall terminate the employment of all of Seller's employees except ▇▇▇ ▇▇▇▇▇▇ effective as of the close of business on the Closing Date. At Buyer's sole discretion, Buyer may (but shall not be obligated to) hire any of Seller's employees; provided, however, Buyer shall offer employment to ▇▇▇▇▇ ▇▇▇▇▇▇ as provided in paragraph 25(g) and provided further, that Buyer shall offer employment to all of Seller's employees who are covered by the Collective Bargaining Agreement between Seller and District Lodge 93 I.A.M. & A.W. as amended May 23, 1996 on the terms and conditions provided in said Collective Bargaining Agreement. Seller hereby assigns, subject to the Closing of this Agreement, said Collective Bargaining Agreement to Buyer, and Buyer agrees to assume and perform the duties and obligations thereunder. Seller agrees that for a period of six months following Closing it will not offer employment to any of Seller's terminated employees unless Buyer shall fail to employ any such employees or shall subsequently terminate any such employee.

Employee Issues. No employees of Seller are members of any union. Within 10 days after the date of this Agreement, Seller shall provide to a Buyer the following: (i) a census of Seller's employees and related to Seller's Business that will be subject to this subparagraph ("Seller's Covered Employees"), (ii) a written disclosure of all benefits made available to Seller's employees (including qualified and or non-qualified retirement plans), and (iii) access to all personnel files for Seller's Covered Employees. All employee benefit plans maintained by Seller for its employees Seller's covered Employees shall be fully funded prior to Closing. Seller shall pay all wages, commissions, accrued vacation pay (if any) and other accrued compensation earned by Seller's employees Covered Employee prior to Closing (together with all accrued FICA and withholding taxes). Seller shall terminate the employment of all of Seller's employees except ▇▇▇ ▇▇▇▇▇▇ Covered Employees effective as of the close of business on the Closing Date. At Buyer's sole discretion, Buyer may (but shall not be obligated to) hire any of Seller's employees; provided, however, Buyer shall offer employment to ▇▇▇▇▇ ▇▇▇▇▇▇ as provided in paragraph 25(g) and provided further, that Buyer shall offer employment to all of Seller's employees who are covered by the Collective Bargaining Agreement between Seller and District Lodge 93 I.A.M. & A.W. as amended May 23, 1996 on the terms and conditions provided in said Collective Bargaining AgreementCovered Employees. Seller hereby assignswill not, subject to the Closing of this Agreement, said Collective Bargaining Agreement to Buyer, and Buyer agrees to assume and perform the duties and obligations thereunder. Seller agrees that for a period of six months two years following Closing it will not Closing, employ or offer employment to any of Seller's terminated employees Covered Employees who were an employee of Seller's Business at any time within the 180 day period immediately preceding Closing unless either: (1) Buyer consents in Writing to Seller's employment of that employee, or (2) a period of at least 6 months shall fail to employ any such employees have elapsed since the later of: (i) the date of Closing, or shall subsequently terminate any such employee(ii) the last date when that employee is employed by Buyer.