Common use of Obligation to Hire Clause in Contracts

Obligation to Hire. Effective 12:00 a.m., Eastern standard time, on the day of Closing, Purchaser shall offer employment to each of the Employees terminated by Boise Cascade pursuant to Section 11.1. Neither Boise Cascade nor Purchaser shall be obligated to pay severance pay to any Employee who rejects Purchaser's offer of employment. Purchaser shall pay and provide wages and benefits to all bargaining unit employees of the Business who accept employment with Purchaser and commence such employment on the day of Closing (the "Transferred Hourly Employees") in accordance with the terms of the applicable Collective Bargaining Agreement. All salaried employees of the Business who accept employment with Purchaser and commence such employment as of Closing (the "Transferred Salaried Employees" and, together with the Transferred Hourly Employees, the "Transferred Employees") will be included in Purchaser's benefits plans applicable to such Employees and will be subject to Purchaser's employment policies. Purchaser shall credit Transferred Salaried Employees and, assuming Purchaser's ability to assume the Collective Bargaining Agreements as contemplated by Section 10.1, Transferred Hourly Employees with their service with Boise Cascade, and its predecessors for whom service is treated as service with Boise Cascade under Boise Cascade's policies (collectively "Service"), as though it had been service with the Purchaser for purposes of benefit amount, vesting, and eligibility under Purchaser's benefit plans and policies, provided that Purchaser shall have the right to offset the benefit amount so provided under Purchaser's pension plans by the amount of the benefit payable to each such Transferred Employee under the respective Boise Cascade pension plan, provided that in no event shall the amount of any such offset cause any Transferred Employee to fail to accrue a benefit payable under Purchaser's plans from and after the Closing. Boise Cascade shall treat the transactions contemplated by this Agreement as a "partial termination" (within the meaning of Section 411 of the Code) with respect to the Transferred Employees for purposes of any plan of Boise Cascade that is intended to be qualified under Section 401(a) of the Code. Purchaser shall provide coverage under its employee benefit plans to Transferred Employees without requiring satisfaction of waiting periods, evidence of insurability, and similar terms and conditions applicable to participants in such plans, as though Transferred Employees had been employees of Purchaser covered by Purchaser's plans during the period of Boise Cascade Service.

Obligation to Hire. Effective 12:00 a.m.11.01.1 The Subsidiary will hire all employees located at the Marion, Eastern standard timeOhio Facility, on excluding employees who were employed in the day processing of ClosingTurco products for Elf, Purchaser shall offer employment to each of the Employees terminated by Boise Cascade pursuant to Section 11.1. Neither Boise Cascade nor Purchaser shall be obligated to pay severance pay to any Employee who rejects Purchaser's offer of employment. Purchaser shall pay and provide wages and benefits to all bargaining unit certain other employees of the Business who accept employment with Purchaser Business, xxx xf whom are listed on Appendix 11.01 (said Marion employees and commence such employment on the day of Closing (the "Transferred Hourly Employees") in accordance with the terms of the applicable Collective Bargaining Agreement. All salaried listed employees of the Business who accept employment with Purchaser and commence such employment as of Closing (the "Transferred Salaried Employees" and, together with the Transferred Hourly Employees, -------------- being collectively the "Transferred Employees"). The Corporation shall have no responsibility for payment of severance pay, if any, to Transferred Employees at the Marion, Ohio Facility unless and to the extent that such obligation is incurred because severance results from closing of the soap pad business within three (3) months after Closing or within three (3) months after sale of the Loren Division of the Corporation, whichever is later. The Corporatiox xxxl be responsible for the severance pay, if any, for any non- Transferred Employees not located at the Marion, Ohio Facility. The Subsidiary shall promptly reimburse the Corporation for any and all payments made to or for the benefit of an employee in connection with the termination of the employee's employment with the Corporation ("Severance Payments") made by the Corporation to any person who was an employee of the Business during the one (1) month period ending on the Closing Date and who is employed with the Subsidiary or the Acquirer within one (1) year after the Closing Date; provided, however, that this reimbursement provision shall not apply to employees who were employed in the processing of Turco products for Elf. Additionally, in the event that any of the Trxxxxxrred Employees listed on Appendix 11.01B are terminated by the Subsidiary within 24 days following the Closing, the Corporation will be included in Purchaser's benefits plans applicable promptly reimburse the Subsidiary for any Severance Payments made to such Employees and will be subject to Purchaser's employment policies. Purchaser shall credit Transferred Salaried Employees and, assuming Purchaser's ability to assume the Collective Bargaining Agreements as contemplated by Section 10.1, Transferred Hourly Employees with their service with Boise Cascade, and its predecessors for whom service is treated as service with Boise Cascade under Boise Cascade's policies (collectively "Service"), as though it had been service with the Purchaser for purposes of benefit amount, vesting, and eligibility under Purchaser's benefit plans and policies, provided that Purchaser shall have the right to offset the benefit amount so provided under Purchaser's pension plans terminated employees by the amount of the benefit payable to each such Transferred Employee under the respective Boise Cascade pension planSubsidiary; provided, provided however, that in no event shall the Corporation be responsible for any amount of any such offset cause any Transferred Employee to fail to accrue a benefit payable under Purchaser's plans from and after the Closing. Boise Cascade shall treat the transactions contemplated by this Agreement as a "partial termination" (within the meaning of Section 411 in excess of the Code) with respect Severance Payments which such employees would otherwise have been entitled to receive from the Corporation had such employees not been Transferred Employees. Furthermore, IVAX will reimburse the Subsidiary for Severance Payments made by the Subsidiary to any other Transferred Employees following the Closing up to a maximum amount equal to the Transferred Employees for purposes difference between Five hundred Thousand Dollars ($500,000.00) and the sum of any plan of Boise Cascade all Credits (as defined in the Occupancy Agreement) provided to the Subsidiary by the Corporation under the Occupancy Agreement. The Subsidiary acknowledges that is intended it will offer employment to be qualified under Section 401(a) of the Code. Purchaser shall provide coverage under its employee benefit plans to Transferred Employees without requiring satisfaction of waiting periods, evidence of insurability, and similar terms and conditions applicable to participants in such plans, as though Transferred Employees had been employees of Purchaser covered by Purchaser's plans during the period of Boise Cascade ServiceSteven Tafaro.

Obligation to Hire. Effective 12:00 a.m., Eastern standard time, on Except for the day of Retained Employees identified by Purchaser at or prior to the Closing, the Purchaser shall offer employment commencing on the Closing Date, to each any individual who is actively employed by the Business as of the Employees terminated by Boise Cascade pursuant to Section 11.1Closing Date. Neither Boise Cascade nor Purchaser shall be obligated to pay severance pay to any Employee who rejects Purchaser's offer of employment. Purchaser shall pay and provide wages and benefits to all bargaining unit employees An employee of the Business who accept employment with Purchaser and commence such employment is absent on the day of Closing Date due to vacation or holiday or who has been absent for less than five consecutive working days immediately prior to the Closing Date due to illness shall be considered actively at work on the Closing Date (the "Transferred Hourly Employees") in accordance with the terms of the applicable Collective Bargaining Agreement. All salaried employees of the Business who accept employment with Purchaser and commence such employment as of Closing (the "Transferred Salaried Employees" and, together with the Transferred Hourly Employeescollectively, the "Transferred Employees") will be included in Purchaser's benefits plans applicable to such Employees and will be subject to Purchaser's employment policies). Purchaser shall credit Transferred Salaried Employees and, assuming Purchaser's ability to assume the Collective Bargaining Agreements as contemplated by Section 10.1, Transferred Hourly Employees with their service with Boise Cascade, and its predecessors for whom service is treated as service with Boise Cascade under Boise Cascade's policies (collectively "Service"), as though it had been service with the Purchaser for purposes of benefit amount, vesting, and eligibility under Purchaser's benefit plans and policies, provided that Purchaser shall have the right to offset the benefit amount so provided under Purchaser's pension plans by the amount of the benefit payable to each such Transferred Employee under the respective Boise Cascade pension plan, provided that in no event shall the amount of any such offset cause any Transferred Employee to fail to accrue a benefit payable under Purchaser's plans from On and after the Closing. Boise Cascade Closing Date Purchaser shall treat the transactions contemplated by this Agreement as a "partial termination" (within the meaning of Section 411 of the Code) comply, at its expense, with all employment laws with respect to the Transferred Employees for purposes of any plan of Boise Cascade that is intended to be qualified under Section 401(a) employed as of the CodeClosing Date, including, but not limited to, the Family and Medical Leave Act, the Americans with Disability Act, and all federal or state laws on military leave. Any employee of the Business who is entitled to return to work under such federal or state laws (including any employee who is receiving benefits under the Seller's short-term disability plan) shall be offered the opportunity to become an employee of the Purchaser when such individual returns to work (hereafter such employee who returns to work shall be referred to as a "Subsequently Transferred Employee"). Transferred Employees and individuals who are eligible to become Subsequently Transferred Employees shall be enumerated in Schedule 4.6. Purchaser shall provide coverage under its employee benefit plans to all Transferred Employees without requiring satisfaction and Subsequently Transferred Employees with wages that are at least equal to those provided by Seller as of waiting periodsthe Closing Date during their first year of employment with the Purchaser, evidence but nothing in this Agreement shall preclude changes in any Transferred Employee's and Subsequently Transferred Employee's wages or benefits as the result of insurabilityany change in such person's status or responsibilities, or after said one-year period, and nothing in this Section 6.5(a) shall prevent Purchaser from terminating any Transferred Employee or Subsequently Transferred Employee for cause during such one-year period. For purposes of the foregoing sentence, with respect to that portion of compensation arising under any incentive bonus or similar terms plan or arrangement, the Purchaser shall be obligated only to provide an alternative plan or arrangement by which employees shall have the possibility of earning amounts reasonably equivalent to those under the plans and conditions applicable to participants in such plansarrangements of the Seller. In addition, as though for a period of two (2) years following the Closing Purchaser shall provide Transferred Employees had been employees and Subsequently Transferred Employees with benefits which are comparable in the aggregate to those provided by the Seller as of Purchaser covered by Purchaser's plans during the period of Boise Cascade ServiceClosing Date.