Common use of Employee Issues Clause in Contracts

Employee Issues. No employees of Seller are members of any union. Within 10 days after the date of this Agreement, Seller shall provide to Buyer the following: (i) a census of Seller's employees, (ii) a written disclosure of all benefits made available to Seller's employees (including qualified and non-qualified retirement plans), and (iii) access to all personnel files for Seller's employees. 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 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 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. Seller and Buyer will not, for a period of two years following Closing, offer employment to any person who was 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 six months shall have elapsed since the later of: (i) the date of Closing, or (ii) the last date when that employee is employed by Buyer.

Employee Issues. No employees of Seller are members of any union. Within 10 days after the date of this Agreement, Seller shall provide to Buyer the following: (i) a census of Seller's employees, (ii) a written disclosure of all benefits made available to Seller's employees (including qualified and non-qualified retirement plans), and (iii) access to all personnel files for Sellerseller's employees. All employee benefit plans maintained by Seller seller for its employees shall be fully funded prior to Closing. Seller shall pay all wages, commissions, accrued vacation pay 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 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. Buyer also represents and warrants to Seller that it has conducted its own independent investigation and due diligence of all of Seller's employees, Buyer will does so based upon its own investigation without any representations, disclosures or warranties of any description by Seller. Further, both Buyer and Seller agree that they shall not, for a period of two (2) years following Closing, employ or offer employment to any person who was an employee of Seller's Business at any time within the 180 day period immediately preceding Closing unless either: each others employees except (1) Buyer consents in writing to Seller's employment of that employee, if such employee was terminated by his/her respective employer or (2) a period of at least six months shall have elapsed since if such employee voluntarily terminates his/her employment, then the later of: (i) the date of Closing, or (ii) the last date when that employee is employed by Buyerformer employer must consent to such employment.