Common use of Employment and Labor Relations Clause in Contracts

Employment and Labor Relations. Except as could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, none of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries is engaged in any unfair labor practice. There is (a) no unfair labor practice complaint pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower Agent, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower Agent, threatened against any of them, (b) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower Agent, threatened against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, (c) no union representation question exists with respect to the employees of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, (d) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower Agent’s knowledge, threatened against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, and (e) no wage and hour department investigation has been made of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, except (with respect to any matter specified in clauses (a) – (e) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)

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Employment and Labor Relations. Except as Neither the U.S. Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, none of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries is engaged in any unfair labor practice. There is (ai) no unfair labor practice complaint pending against the Parent Guarantors, the U.S. Borrower Agent or any of their its Subsidiaries or, to the knowledge of the Borrower AgentU.S. Borrower, threatened against any of them, before the National Labor Relations BoardBoard or similar agency or entity governing labor relations of any Subsidiary, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the U.S. Borrower Agent or any of their and its Subsidiaries or, to the knowledge of the Borrower AgentU.S. Borrower, threatened against any of them, (bii) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the U.S. Borrower Agent or any of their its Subsidiaries or, to the knowledge of the Borrower AgentU.S. Borrower, threatened against the Parent Guarantors, the U.S. Borrower Agent or any of their its Subsidiaries, (ciii) no union representation question exists with respect to the employees of the Parent Guarantors, the U.S. Borrower Agent or any of their its Subsidiaries, (div) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower Agent’s Borrowers’ knowledge, threatened against the Parent Guarantors, the U.S. Borrower Agent or any of their Subsidiaries, its Subsidiaries and (ev) no wage and hour department investigation has been made of the Parent Guarantors, the U.S. Borrower Agent or any of their its Subsidiaries, except (with respect to any matter specified in clauses (ai), (ii) and (eiv) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.)

Employment and Labor Relations. Except as could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, none of Neither the Parent Guarantors, the Borrower Agent or nor any of their its Restricted Subsidiaries is engaged in any unfair labor practicepractice that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. There is (ai) no unfair labor practice complaint pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, (bii) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (ciii) no union representation question exists with respect to the employees of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (div) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower AgentParent Borrower’s knowledge, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, and (ev) no wage and hour department investigation has been made of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, except such as would not (with respect to any matter specified in clauses (ai) - (ev) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (PGT Innovations, Inc.), Credit Agreement (PGT Innovations, Inc.)

Employment and Labor Relations. Except as Neither the Parent Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice that could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, none of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries is engaged in any unfair labor practice. There is (ai) no unfair labor practice complaint pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, (bii) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (ciii) no union representation question exists with respect to the employees of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (div) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower AgentParent Borrower’s knowledge, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, and (ev) no wage and hour department investigation has been made of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, except (with respect to any matter specified in clauses (ai) – (ev) above, either individually or in the aggregate) such as could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (PGT, Inc.)

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Employment and Labor Relations. Except as Neither the Parent Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice that could not reasonably be expected, either individually or in the aggregateaggre­gate, to have a Material Adverse Effect, none of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries is engaged in any unfair labor practice. There is (ai) no unfair labor practice complaint pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against any of them, (bii) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries or, to the knowledge of the Parent Borrower Agentor any other Borrower, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (ciii) no union representation question exists with respect to the employees of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, (div) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower AgentParent Borrower’s knowledge, threatened against the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, and (ev) no wage and hour department investigation has been made of the Parent Guarantors, the Borrower Agent or any of their its Restricted Subsidiaries, except (with respect to any matter specified in clauses (ai) – (ev) above, either individually or in the aggregate) such as could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (PGT, Inc.)

Employment and Labor Relations. Except as could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, none of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries is engaged in any unfair labor practice. There is (a) no unfair labor practice complaint pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower AgentBorrower, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower AgentBorrower, threatened against any of them, (b) no strike, labor dispute, slowdown or stoppage pending against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries or, to the knowledge of the Borrower AgentBorrower, threatened against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, (c) no union representation question exists with respect to the employees of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, (d) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower AgentBorrower’s knowledge, threatened against the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, and (e) no wage and hour department investigation has been made of the Parent Guarantors, the Borrower Agent or any of their Subsidiaries, except (with respect to any matter specified in clauses (a) – (e) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Exit Abl Credit Agreement (Pyxus International, Inc.)

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