Common use of Employees; Benefit Plans Clause in Contracts

Employees; Benefit Plans. (a) During the period commencing on the Closing Date and ending on the date which is 12 months following the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following 90 days from the Closing Date (or if earlier, the date of the employee’s termination of employment with the CompanyCompany or the execution of a new employment contract by the Buyer for the employee), the Buyer shall shall, and shall cause the Company to to, provide each employee who remains employed immediately after the Closing Employee set forth on Schedule 5.04(a) (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) 5.4.1 Buyer shall not and shall cause the Company to not terminate the employment of any Employee at the Closing. During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (ia) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (iib) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iiic) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (ivd) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.. Stock Purchase Agreement - 43

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following after the Closing Date (or if earlier, the date of the employee’s termination of employment with the CompanyOmni), the Buyer Purchaser shall and provide (or shall cause the Company Omni to provide provide), each employee who remains is employed immediately after by Omni at the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company Omni immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company Omni immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company Omni immediately prior to the Closing; 50 and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are the same as, or no less favorable in than, what the aggregate than those provided by the Company immediately prior Buyer provides to the Closingits similarly situated employees; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During Except with regard to employees of the Company that Seller terminates during the first forty five (45) days after Closing, during the period commencing on at the Closing Date and ending on the date which is 12 three (3) months following from the Closing Date (or if earlier, the date of the employee’s 's termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“"Company Continuing Employee”") with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company or its affiliates immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following after the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall and shall cause the Company to to, and the Company shall, provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing. This Section shall not affect, in any way, Buyer’s right to terminate any such Company Continuing Employee.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer Parent shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (each, a “Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following one (1) year from the Closing Date (or if earlier, the date of the employeeEmployee’s termination of employment with the CompanyAcquired Companies), the Buyer shall and shall cause the Company Acquired Companies to provide each employee Employee who remains employed immediately after the Closing (each, a “Company Continuing Employee”) with: (i) cash base salary or hourly wages which are no less than the cash base salary or hourly wages provided by the Company Acquired Companies immediately prior to the Closing; (ii) target cash bonus opportunities (excluding equity-based compensation)opportunities, if any, which are no less than the target cash bonus opportunities (excluding equity-based compensation) provided by the Company Acquired Companies immediately prior to the Closing; and (iii) retirement and welfare benefits (excluding, for the avoidance of doubt, any equity-based compensation) that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee Acquired Companies immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following from the Closing Date (or if earlier, the date of the employee’s 's termination of employment with the CompanySeller), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Seller Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company Seller immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company Seller immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company Seller immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Seller Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following from the Closing Date (or if earlier, the date of the employee’s 's termination of employment with the Company), the Buyer shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation), if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 months following one (1) year from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer Parent shall and shall cause the Company to provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) target bonus opportunities (excluding equity-based compensation)opportunities, if any, which are no less than the target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; and (iii) retirement and welfare benefits (excluding nonqualified retirement arrangements, defined benefit pension benefits, deferred compensation arrangements and retiree welfare benefits or similar arrangements) that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closing.

Employees; Benefit Plans. (a) During the period commencing on at the Closing Date and ending on the date which is 12 twelve (12) months following from the Closing Date (or if earlier, the date of the employee’s termination of employment with the Company), the Buyer shall shall, and shall cause the Company to to, provide each employee Employee who remains employed immediately after the Closing (“Company Continuing Employee”) with: (i) base salary or hourly wages which are no less than the base salary or hourly wages provided by the Company immediately prior to the Closing; (ii) short-term target bonus opportunities (excluding equity-based compensation), if any, which are no less than the short-term target bonus opportunities (excluding equity-based compensation) provided by the Company immediately prior to the Closing; (iii) retirement and welfare benefits (other than retiree welfare benefits) that are no less favorable in the aggregate than those provided by the Company immediately prior to the Closing; and (iv) severance benefits that are no less favorable than the practice, plan or policy in effect for such Company Continuing Employee immediately prior to the Closingsimilarly situated employees of Buyer.