Retained Employees. (i) The minimum number of Retained Employees associated with the Project shall be zero (0); and (ii) the Occupation and Payroll of each Retained Employee shall be substantially as set forth in the Schedule of Retained Employees as attached hereto as Exhibit B.
Retained Employees. (i) The minimum number of Retained Employees associated with the Project shall be 300; and (ii) the Occupation and Payroll of each Retained Employee shall be substantially as set forth in the Schedule of Retained Employees as attached hereto as Exhibit B.
Retained Employees. Target and Buyer shall mutually determine the key employees of Target to be retained post Closing.
Retained Employees. Buyer shall offer to hire at the Closing each of Seller's then active employees who are in good standing to perform comparable services, in such position and for such compensation as is comparable to the position such employee held with, and the compensation paid to such employee by, Seller at the Closing, provided that Buyer shall not be obligated to offer employment to Hospital based personnel who are on the corporate payroll of an Affiliate of Seller (including each Hospital's Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Director of Nursing and Director of Development). For purposes of this Agreement, active employees in good standing are those employees who are actually providing services to the Hospital Businesses (including those employees who are temporarily absent due to vacation or other routine matter in compliance with Law or Seller's policies pertaining to employee matters), but shall exclude any employee whose employment status currently is restricted, suspended or otherwise affected as a result of disciplinary, corrective or other similar action. Seller has identified on only those employees as of the date indicated thereon who meet the requirements of the preceding sentence and who Buyer shall offer to hire (the "RETAINED Employees"). The list of the Retained Employees shall be adjusted by Seller as of the Closing Date to reflect changes in the employees of Seller, and Buyer shall offer to hire the Persons identified by Seller on such adjusted list of Retained Employees. Seller or its Affiliates shall have the right to employ or offer to employ any Retained Employee (including, without limitation, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer and the Director of Nursing of each Hospital) who declines Buyer's offer of employment, provided that neither Seller nor its Affiliates shall offer employment to, or solicit such persons until Buyer has notified Seller that it does not intend to offer employment to such Person(s) or such Person(s) has declined Buyer's offer.
Retained Employees. VCP shall have delivered a list of the employees of Chamflora who shall remain in their positions after the Closing.
Retained Employees. No later than two business days prior to the Closing, RIGI shall deliver a list of the ARC employees that it shall retain and hire subsequent to Closing.
Retained Employees. From the date of this Agreement until one year from and after the Closing Date, the Buyer agrees not to (and shall not permit any of its Affiliates to) solicit, offer employment to or employ any Retained Employee without the prior written consent of the Seller; provided that, the foregoing shall not prohibit general solicitations of employment not specifically directed toward such employees of the Seller or its Affiliates or the hiring of such employees in response thereto, nor the hiring, employment or engagement of any such employee of the Seller or its Affiliates who presents himself or herself for employment without direct or indirect solicitation by the Buyer or any Affiliate of the Buyer. The Seller and its Affiliates may retain the services of any Retained Employee or terminate any such Retained Employee’s employment at any time. The Seller and its Affiliates shall retain liability and be responsible for the Retained Employee Obligations. From the date of this Agreement until one year from and after the Closing Date, the Seller shall not, and shall cause its Affiliates not to, cause, solicit, induce or encourage any Transferred Employees to leave their employment with the Buyer or its Affiliates; provided that, the foregoing shall not prohibit general solicitations of employment not specifically directed toward such employees of the Buyer or its Affiliates or the hiring of such employees in response thereto, nor the hiring, employment or engagement of any such employee of the Buyer or its Affiliates who presents himself or herself for employment without direct or indirect solicitation by the Seller or any Affiliate of the Seller.
Retained Employees. On or prior to the Closing Date, the employees of Seller listed on Schedule 2.8 will be offered employment with Purchaser, effective on the Closing Date, on terms determined by Purchaser.
Retained Employees. Buyer and Seller shall jointly notify all Retained Employees (as hereinafter defined) that their employment by Seller will be terminated as of the Closing Date by reason of the transactions contemplated by this Agreement and that Buyer will hire only those employees of Seller engaged in the operation of the Purchased Restaurants designated on Schedule 9.1 hereto (the "Retained Employees"). On the Closing Date, Seller shall (i) terminate all Retained Employees, and (ii) waive any rights it may have to prohibit the Retained Employees from being employed by the Buyer.
Retained Employees. It is understood that on and after the Closing, Allan Silber, Morris Perlis and James Sas (the "Retained Employees") xxxxx xxxxx to xx xxxxxxxxx of txx Xxmpanies and shall become, or continue to be, employees of the Sellers. The Sellers agree that, subject to the terms of the Transitional Consulting Agreements, the Sellers shall assume, and shall indemnify the Companies against, all liabilities arising after the Closing with respect to the post-Closing employment of the Retained Employees, including without limitation all liabilities arising under any employment agreement or employment benefit plan applicable to any of the Retained Employees. Concurrent with the execution of this Agreement, the Purchaser and the Retained Employees have entered into transitional consulting agreements in the form and substance of the agreements annexed hereto as Appendix 6.14 (the "Transitional Consulting Agreements"). For the first thirty (30) days after the Closing, the Sellers shall make James Sas available to the Companies as a consultant on an as rexxxxxed basis for up to fifty percent (50%) of James Sas' work week. For the next one hundred and fifty (150) days xxxxxafter, the Sellers shall make James Sas available to the Companies on an as requested basis for up tx xxxnty percent (20%) of James Sas' work week. The Purchaser shall cause the Company tx xxxmburse the Sellers for work performed by James Sas at the Company's request at a rate of $130 per hour. In the xxxxormance of such work, James Sas shall be employed as an employee of one or both of the Sellexx xxd shall be designated by the Sellers to provide consulting services to the Purchaser in accordance with this Section 6.14.
