Common use of Employment and Labor Relations Clause in Contracts

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc)

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Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatExcept as could not reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any Parent Guarantor nor any of their Subsidiaries is engaged in any unfair labor practice. There is (ia) no unfair labor practice complaint pending against the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries or, to the knowledge of the BorrowerBorrower or New Pyxus Topco, 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 Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries or, to the knowledge of the BorrowerBorrower or New Pyxus Topco, threatened against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries or, to the knowledge of the BorrowerBorrower or New Pyxus Topco, threatened against the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries, (iiic) no union representation question exists with respect to the employees of the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries, (ivd) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledgeknowledge of the Borrower or New Pyxus Topco, threatened against the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries, and (ve) no wage and hour department investigation has been made of the Borrower Borrower, any Parent Guarantor or any of its their Subsidiaries, except (with respect to any matter specified in clauses (ia) through (ve) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Pyxus Term Loan Credit Agreement (Pyxus International, Inc.), Intabex Term Loan Credit Agreement (Pyxus International, Inc.), Amendment and Restatement Agreement (Pyxus International, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries Restricted Subsidiary is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of the 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 Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of the Borrower, threatened against the Borrower or any of its SubsidiariesRestricted Subsidiary, (iii) no union representation question exists with respect to the employees of the Borrower or any of its SubsidiariesRestricted Subsidiary, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Knowledge of the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Restricted Subsidiary and (v) no wage and hour department investigation has been made of the Borrower or any of its SubsidiariesRestricted Subsidiary, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: First Lien Security Agreement (Walter Investment Management Corp), Credit Agreement (Walter Investment Management Corp), Credit Agreement (Walter Investment Management Corp)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (viv) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)

Employment and Labor Relations. Neither the Borrower Holdings nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (ia) no unfair labor practice complaint pending against the Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings and the 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 Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings and the Borrower, threatened against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings and the Borrower, threatened against the Borrower Holdings or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (ivc) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of Holdings and the Borrower’s knowledge, threatened against the Borrower Holdings or any of its Restricted Subsidiaries, and (vd) no wage and hour department investigation has been made of the Borrower Holdings or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (ia) through (vd) above, either individually or in the aggregate) such as could would not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (J.Jill, Inc.), Security Agreement, Security Agreement (Jill Intermediate LLC)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries Restricted Subsidiary is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of Holdings or the Borrower, threatened in writing 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 Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of Holdings or the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of Holdings or the Borrower, threatened in writing against the Borrower or any of its SubsidiariesRestricted Subsidiary, (iii) no union representation question exists with respect to the employees of the Borrower or any of its SubsidiariesRestricted Subsidiary, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Knowledge of Holdings or the Borrower’s knowledge, threatened in writing against the Borrower or any of its Subsidiaries, Restricted Subsidiary and (v) no wage and hour department investigation has been made of the Borrower or any of its SubsidiariesRestricted Subsidiary, except (with respect to any matter specified in clauses (i‎(i) through (v‎(v) 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 (Pennymac Financial Services, Inc.), Credit Agreement (Pennymac Financial Services, Inc.)

Employment and Labor Relations. Neither the Administrative Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Administrative Borrower or any of its Restricted Subsidiaries or, to the knowledge of the BorrowerBorrowers, 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 Administrative Borrower or any of its Restricted Subsidiaries or, to the knowledge of the BorrowerBorrowers, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Administrative Borrower or any of its Restricted Subsidiaries or, to the knowledge of the BorrowerBorrowers, threatened against the Administrative Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Administrative Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s Borrowers’ knowledge, threatened against the Administrative Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Administrative Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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 (Urban One, Inc.), Credit Agreement (Urban One, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is are engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (ia) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened (in writing) against the Borrower or any of its Subsidiaries, (iiic) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (ivd) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (ve) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (ia) through (ve) above, either individually or in the aggregate) such as could would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (HUGHES Telematics, Inc.), Credit Agreement (HUGHES Telematics, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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 (Lee Enterprises Inc), Credit Agreement (Lee Enterprises, Inc)

Employment and Labor Relations. Neither None of the Borrower nor Loan Parties or any of its Subsidiaries Restricted Subsidiary is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There As of the Closing Date, there is (i) no unfair labor practice complaint pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, other Governmental Authority or labor organization, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against the Borrower any Loan Party or any of its SubsidiariesRestricted Subsidiary, (iii) no union representation question exists existing with respect to the employees of the Borrower any Loan Party or any Restricted Subsidiary and, to the knowledge of its Subsidiariesthe Borrower, no existing or threatened union organizing activity taking place with respect to any of the employees of any Loan Party or any Restricted Subsidiary, and (iv) no equal employment opportunity charges or other claims violation of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower Fair Labor Standards Act or any of its Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiariesother applicable employment Laws, except (with respect to any matter specified in clauses (i) through (viv) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect. The hours worked by and payments made to employees of any Loan Party or any Restricted Subsidiary (and, to the Knowledge of the Borrower, any leased employees in Mexico, The Dominican Republic or Jamaica, as applicable, rendering services to any Restricted Subsidiary) have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements dealing with such matters, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (viv) 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 (Semtech Corp), Credit Agreement (Shuffle Master Inc)

Employment and Labor Relations. (a) Neither the Borrower Holdings nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerBorrowers, 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 Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerBorrowers, threatened (in writing) against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerBorrowers, threatened (in writing) against the Borrower Holdings or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower Holdings or any of its Subsidiaries, (iv) no equal employment opportunity charges legal actions, lawsuits, arbitrations, administrative or other claims proceedings, charges, complaints, investigations, inspections, audits or notices of employment discrimination violations or possible violations are pending or, to the Borrower’s knowledgeknowledge of Holdings or the Borrowers, threatened against Holdings or any of its Subsidiaries by or on behalf of, or otherwise involving, any current or former employee, any person alleging to be a current or former employee, any applicant for employment, or any class of the Borrower foregoing, or any Governmental Authority, that involve the labor or employment relations and practices of Holdings or any of its Subsidiaries, including but not limited to claims of employment discrimination and (v) no violation of the Fair Labor Standards Act or any other applicable federal, state or foreign wage and hour department investigation has been made of the Borrower or any of its Subsidiarieslaws, except (with respect to any matter specified in clauses (i) through and (vii) 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 (Endeavour International Corp), Intellectual Property Security Agreement (Endeavour International Corp)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (viv) above, either individually or in the aggregate) such as could would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatwhich, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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 (Pyramid Communication Services, Inc.), Credit Agreement (PAETEC Holding Corp.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge Knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge Knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge Knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Knowledge of the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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: First Lien Credit Agreement (Walter Investment Management Corp), Lien Credit Agreement (Walter Investment Management Corp)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (ia) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened (in writing) against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened (in writing) against the Borrower or any of its Subsidiaries, (iiic) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (ivd) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (ve) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (ia) through (ve) 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 (NightHawk Radiology Holdings Inc), Credit Agreement (NightHawk Radiology Holdings Inc)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through ), (vii), (iii), and (iv) 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: Credit Agreement (Lattice Semiconductor Corp)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened in writing against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregate) such as could as, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dynegy Inc.)

Employment and Labor Relations. (a) Neither the Borrower Holdings nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (ia) no unfair labor practice complaint pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerPayer, 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 Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerPayer, threatened (in writing) against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of Holdings or the BorrowerPayer, threatened (in writing) against the Borrower Holdings or any of its Subsidiaries, (iiic) no union representation question exists with respect to the employees of the Borrower Holdings or any of its Subsidiaries, (ivd) no equal employment opportunity charges legal actions, lawsuits, arbitrations, administrative or other claims proceedings, charges, complaints, investigations, inspections, audits or notices of employment discrimination violations or possible violations are pending or, to the Borrower’s knowledgeknowledge of Holdings or the Payer, threatened against Holdings or any of its Subsidiaries by or on behalf of, or otherwise involving, any current or former employee, any person alleging to be a current or former employee, any applicant for employment, or any class of the Borrower foregoing, or any Governmental Authority, that involve the labor or employment relations and practices of Holdings or any of its Subsidiaries, including but not limited to claims of employment discrimination and (ve) no violation of the Fair Labor Standards Act or any other applicable federal, state or foreign wage and hour department investigation has been made of the Borrower or any of its Subsidiarieslaws, except (with respect to any matter specified in clauses (ia) through (ve) 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: Reimbursement Agreement (Endeavour International Corp)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There On the Initial Borrowing Date, except as disclosed on Schedule 8.17, there is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of and its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) to the knowledge of the Borrower, no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its SubsidiariesSubsidiaries is pending, except (with respect to any matter specified in clauses (i), (ii), (iv) through or (v) 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 (WESTMORELAND COAL Co)

Employment and Labor Relations. Neither None of the Borrower nor Loan Parties or any of its Subsidiaries Restricted Subsidiary is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There As of the Closing Date, there is (i) no unfair labor practice complaint pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, other Governmental Authority or labor organization, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or, to the knowledge of the Borrower, threatened against the Borrower any Loan Party or any of its SubsidiariesRestricted Subsidiary, (iii) no union representation question exists existing with respect to the employees of the Borrower any Loan Party or any Restricted Subsidiary and, to the knowledge of its Subsidiariesthe Borrower, no existing or threatened union organizing activity taking place with respect to any of the employees of any Loan Party or any Restricted Subsidiary, and (iv) no equal employment opportunity charges or other claims violation of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower Fair Labor Standards Act or any of its Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiariesother applicable employment Laws, except (with respect to any matter specified in clauses (i) through - (viv) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect. The hours worked by and payments made to employees of any Loan Party or any Restricted Subsidiary (and, to the Knowledge of the Borrower, any leased employees in Mexico, The Dominican Republic or Jamaica, as applicable, rendering services to any Restricted Subsidiary) have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements dealing with such matters, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Playa Hotels & Resorts N.V.)

Employment and Labor Relations. Neither the Borrower Aleris nor any of its Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing 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 Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened against the Borrower Aleris or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s Aleris’ knowledge, threatened in writing against the Borrower Aleris or any of its Subsidiaries, Subsidiaries and (viv) no wage and hour department investigation has been made of the Borrower Aleris or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (viv) 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 (Aleris International, Inc.)

Employment and Labor Relations. Neither the Borrower Holdings nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of the Holdings, Parent and each 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 Borrower Holdings or any of its Subsidiaries or, to the knowledge of the Holdings, Parent and each Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Holdings or any of its Subsidiaries or, to the knowledge of the Holdings, Parent and each Borrower, threatened against the Borrower Holdings or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower Holdings or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of Holdings, Parent and each Borrower’s knowledge, threatened against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower Holdings or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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: Credit Agreement (STG Group, Inc.)

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Employment and Labor Relations. Neither Except as could not reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect, neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectpractice. There is (ia) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iiic) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (ivd) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (ve) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (ia) through (ve) 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: Credit Agreement (Pyxus International, Inc.)

Employment and Labor Relations. Neither the Borrower Holdings nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings or the 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 Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings or the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Holdings or any of its Restricted Subsidiaries or, to the knowledge of Holdings or the Borrower, threatened against the Borrower Holdings or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower Holdings or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to Holdings’ or the Borrower’s knowledge, threatened against the Borrower Holdings or any of its Restricted Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower Holdings or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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: Intercreditor Agreement (Southeastern Grocers, LLC)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened in writing against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregate) such as could as, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dynegy Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that, either individually or in the aggregateaggre­gate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance griev­ance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment employ­ment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (v) no wage and hour department investigation investiga­tion has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregateaggre­gate) such as could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lee Enterprises, Inc)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (vi)-(v) 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: Credit Agreement (United Online Inc)

Employment and Labor Relations. Neither the Borrower Aleris nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing 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 Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened against the Borrower Aleris or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower Aleris or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s Aleris’ knowledge, threatened in writing against the Borrower Aleris or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower Aleris or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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: Term Loan Agreement (Aleris International, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries Restricted Subsidiary is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of New Holdings, Holdings or the Borrower, threatened in writing 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 Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of New Holdings, Holdings or the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries Restricted Subsidiary or, to the knowledge Knowledge of New Holdings, Holdings or the Borrower, threatened in writing against the Borrower or any of its SubsidiariesRestricted Subsidiary, (iii) no union representation question exists with respect to the employees of the Borrower or any of its SubsidiariesRestricted Subsidiary, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Knowledge of New Holdings, Holdings or the Borrower’s knowledge, threatened in writing against the Borrower or any of its Subsidiaries, Restricted Subsidiary and (v) no wage and hour department investigation has been made of the Borrower or any of its SubsidiariesRestricted Subsidiary, except (with respect to any matter specified in clauses (i‎‎(i) through (v‎‎(v) 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: Credit Agreement (PennyMac Financial Services, Inc.)

Employment and Labor Relations. Neither Parent, the Borrower Company nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (ia) no unfair labor practice complaint pending against Parent, the Borrower Company or any of its Restricted Subsidiaries or, to the knowledge of Parent and the BorrowerCompany, 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 Parent, the Borrower Company or any of its Restricted Subsidiaries or, to the knowledge of Parent and the BorrowerCompany, threatened against any of them, (iib) no strike, labor dispute, slowdown or stoppage pending against Parent, the Borrower Company or any of its Restricted Subsidiaries or, to the knowledge of Parent and the BorrowerCompany, threatened against Parent, the Borrower Company or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (ivc) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledgeknowledge of Parent and the Company, threatened against Parent, the Borrower Company or any of its Restricted Subsidiaries, and (vd) no wage and hour department investigation has been made of Parent, the Borrower Company or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (ia) through (vd) 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 (Jill Intermediate LLC)

Employment and Labor Relations. Neither the Administrative Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat would reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There On the Initial Borrowing Date, except as disclosed on Schedule 8.17 hereto, there is (i) no unfair labor practice complaint pending against the Administrative Borrower or any of its Subsidiaries or, to the knowledge of the BorrowerBorrowers, 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 Administrative Borrower or any of and its Subsidiaries or, to the knowledge of the BorrowerBorrowers, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Administrative Borrower or any of its Subsidiaries or, to the knowledge of the BorrowerBorrowers, threatened against the Administrative Borrower or any of its Subsidiaries, (iii) to the knowledge of the Borrowers, no union representation question exists with respect to the employees of the Administrative Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s Borrowers’ knowledge, threatened against the Administrative Borrower or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Administrative Borrower or any of its SubsidiariesSubsidiaries is pending, except (with respect to any matter specified in clauses (i), (ii), (iv) through or (v) 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 (WESTMORELAND COAL Co)

Employment and Labor Relations. Neither Other than proceedings commenced in the Chapter 11 Cases or related thereto, neither the Borrower nor any of its Domestic Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There Other than proceedings commenced in the Chapter 11 Cases or related thereto, there is (i) no unfair labor practice complaint pending against the Borrower or any of its Domestic Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations BoardBoard or similar agency or entity governing labor relations of any Domestic Subsidiary, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower or any of and its Domestic Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Domestic Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Domestic Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Domestic Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Domestic Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Domestic Subsidiaries, except (with respect to any matter specified in clauses (i) through to (v) 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: Credit Agreement (Walter Energy, Inc.)

Employment and Labor Relations. Neither the Borrower Aleris nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing 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 Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower Aleris or any of its Subsidiaries or, to the knowledge of Aleris or any of the BorrowerBorrowers, threatened against the Borrower Aleris or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower Aleris or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s Aleris’ knowledge, threatened in writing against the Borrower Aleris or any of its Subsidiaries, Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower Aleris or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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 (Aleris International, Inc.)

Employment and Labor Relations. Neither the Parent Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could, individually or in the aggregate, reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Parent Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Parent Borrower or 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Parent Borrower or any other Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Parent Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Parent Borrower or any other Borrower, threatened against the Parent Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Parent Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Parent Borrower’s knowledge, threatened against the Parent Borrower or any of its Restricted Subsidiaries, and (v) no wage and hour department investigation has been made of the Parent Borrower or any of its Restricted Subsidiaries, except such as would not (with respect to any matter specified in clauses (i) through - (v) 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 Innovations, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the 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 Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s 's knowledge, threatened against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) no wage and hour department investigation has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through - (viv) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect. On and as of the Effective Date, Schedule 7.18 sets forth a list of all agreements in place between (i) the Borrower and any of its Restricted Subsidiaries and (ii) any Principal.

Appears in 1 contract

Samples: Credit Agreement (Urban One, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Restricted Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) is no unfair labor practice complaint pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance or any arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened in writing against any of them, (ii) is no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Restricted Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Restricted Subsidiaries, (iii) is no union representation question exists existing with respect to the employees of the Borrower or any of its Restricted Subsidiaries, (iv) are no equal employment opportunity charges or other claims of employment discrimination are pending or, to the knowledge of the Borrower’s knowledge, threatened in writing against the Borrower or any of its Subsidiaries, Restricted Subsidiaries and (v) to the knowledge of the Borrower, is no wage and hour department investigation that has been made of the Borrower or any of its Restricted Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) 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: Intercreditor Agreement (Capella Healthcare, Inc.)

Employment and Labor Relations. Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice thatthat could reasonably be expected, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries Subsidiaries, or, to the knowledge of the 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 Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists is in existence with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, Subsidiaries and (v) to the knowledge of the Borrower, no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses clause (i), (ii), (iii), (iv) through or (v) 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: Credit Agreement (Nash Finch Co)

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