Employment of Active Employees by Buyers. (a) Buyers are not obligated to hire any Active Employee but may interview all Active Employees. Buyers will provide Seller with a list of Active Employees to whom Buyers have made an offer of employment that has been accepted to be effective on the Closing Date (the "Hired Active Employees"). Subject to Laws, Buyers will -------------------------------------------------------------------------------- 36 have reasonable access to the Facilities and personnel Records (including performance appraisals, disciplinary actions, grievances and medical Records) of Seller for the purpose of preparing for and conducting employment interviews with all Active Employees and will conduct the interviews as expeditiously as possible prior to the Closing Date. Access will be provided by Seller upon reasonable prior notice during normal business hours. Effective immediately before the Closing, Seller will terminate the employment of all of its Hired Active Employees.
Employment of Active Employees by Buyers. (i) Buyers are not obligated to hire any Active Employee but may interview any or all Active Employees at a reasonable time mutually acceptable to Buyers and Sellers but not sooner than 10 days prior to the anticipated Closing Date. Buyers will promptly provide each Seller with a list of Active Employees to whom Buyers have made an offer of employment that has been accepted to be effective on the Closing Date (the "Hired Active Employees"). Subject to Legal Requirements, Buyers will have reasonable access to the Facilities and personnel Records of each Seller for the purpose of preparing for and conducting employment interviews with any or all Active Employees and will conduct the interviews as expeditiously as possible prior to the Closing Date. Effective immediately before the Closing, each Seller will terminate the employment of all of its Hired Active Employees. (ii) Neither Seller, neither Shareholder, nor LSB nor their Related Persons shall solicit (a) the continued employment of any Active Employee (unless and until Buyers have informed the applicable Seller in writing that the particular Active Employee will not receive any employment offer from Buyers) or (b) the employment of any Hired Active Employee after the Closing for the period ending on the fifth anniversary of Closing. Buyers shall inform each Seller promptly of the identities of those Active Employees to whom they will not make employment offers. (iii) It is understood and agreed that (A) Buyer's expressed intention to extend offers of employment as set forth in this section shall not constitute any commitment, Contract or understanding (expressed or implied) of any obligation on the part of any Buyer to a post-Closing employment relationship of any fixed term or duration or upon any terms or conditions other than those that any Buyer may establish pursuant to individual offers of employment, and (B) employment offered by Buyers is "at will" and may be terminated by Buyers or by an employee at any time for any reason
Employment of Active Employees by Buyers. (i) Buyers are not obligated to hire any Active Employee but may interview certain Active Employees. Prior to the Closing Date, Buyers shall provide Sellers with a list of Active Employees to whom Buyers intend to make an offer of employment (the “Transition Employees”). Subject to Legal Requirements, each Seller hereby grants Buyers access to the personnel records (including performance appraisals, disciplinary actions and grievances) of such Seller for the purpose of administering the employment of the Transition Employees. Access will be provided by each such Seller during normal business hours upon reasonable prior notice. If requested by Buyers, each Seller will terminate the employment of all of its Transition Employees as of Closing. The employment offers provided by Buyers shall provide for employment of each Transition Employee with either Buyer or either Buyer’s Affiliates effective as of immediately after the Closing.
