Common use of Absence of Labor Dispute Clause in Contracts

Absence of Labor Dispute. None of the Company, the Operating Partnership or any of the Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Subsidiaries before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened, (ii) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, threatened against the Company or any of the Subsidiaries and (iii) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries and (ii) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries;

Appears in 11 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.)

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Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any of Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, individually or in the Subsidiaries aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries Subsidiary before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Subsidiaries Subsidiary and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the SubsidiariesSubsidiary, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries Subsidiary and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries;Subsidiary.

Appears in 5 contracts

Samples: Underwriting Agreement (Financial Institutions Inc), Underwriting Agreement (MidWestOne Financial Group, Inc.), Underwriting Agreement (Choiceone Financial Services Inc)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, vendors, customers or contractors, which, in either case, would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except . Except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 3 contracts

Samples: Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp), Underwriting Agreement (Valley National Bancorp)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 3 contracts

Samples: Underwriting Agreement (William Bradford Haines Financial Services Trust), Underwriting Agreement (Crossfirst Bankshares, Inc.), Underwriting Agreement (Bank7 Corp.)

Absence of Labor Dispute. None No material labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 3 contracts

Samples: Underwriting Agreement (Sb Financial Group, Inc.), Underwriting Agreement (BCB Bancorp Inc), Underwriting Agreement (Sussex Bancorp)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, vendors, customers or contractors, which, in either case, would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 3 contracts

Samples: Underwriting Agreement (Byline Bancorp, Inc.), Underwriting Agreement (Byline Bancorp, Inc.), Underwriting Agreement (Customers Bancorp, Inc.)

Absence of Labor Dispute. None No labor dispute or disturbance with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. To the Operating Partnership knowledge of the Company, there is no existing or imminent labor dispute or disturbance by the employees of any of its or any Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, individually or in the aggregate, has had or would reasonably be expected result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, has had or would reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and ; (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries Significant Subsidiaries; and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 2 contracts

Samples: Underwriting Agreement (Southern States Bancshares, Inc.), Underwriting Agreement (Southern States Bancshares, Inc.)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any of Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, singly or in the Subsidiaries aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor the Significant Subsidiary is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have reasonably be expected to result in a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company, Company or the Operating Partnership or any of the Subsidiaries Significant Subsidiary before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Subsidiaries Significant Subsidiary and (iii3) no union representation dispute currently existing concerning the employees of the CompanyCompany or the Significant Subsidiary, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, Company or the Operating Partnership or any of the Subsidiaries Significant Subsidiary and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, Company or the Operating Partnership or any of the Subsidiaries;Significant Subsidiary.

Appears in 2 contracts

Samples: Underwriting Agreement (Coastal Financial Corp), Underwriting Agreement (Coastal Financial Corp)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, vendors, customers or contractors, which, in either case, would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 2 contracts

Samples: Underwriting Agreement (Sandy Spring Bancorp Inc), Underwriting Agreement (Allegiance Bancshares, Inc.)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any of Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, singly or in the Subsidiaries aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company nor the Significant Subsidiary is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company, Company or the Operating Partnership or any of the Subsidiaries Significant Subsidiary before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Subsidiaries Significant Subsidiary and (iii3) no union representation dispute currently existing concerning the employees of the CompanyCompany or the Significant Subsidiary, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, Company or the Operating Partnership or any of the Subsidiaries Significant Subsidiary and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, Company or the Operating Partnership or any of the Subsidiaries;Significant Subsidiary.

Appears in 2 contracts

Samples: Underwriting Agreement (Luther Burbank Corp), Underwriting Agreement (Luther Burbank Corp)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, could, singly or in the aggregate, result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 2 contracts

Samples: Underwriting Agreement (QCR Holdings Inc), Underwriting Agreement (Univest Corp of Pennsylvania)

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Absence of Labor Dispute. None of the Company, the Operating Partnership or any of the Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (A) there is (i) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Subsidiaries before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened, (ii) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, threatened against the Company or any of the Subsidiaries and (iii) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries and (ii) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries;.

Appears in 1 contract

Samples: Equity Distribution Agreement (Extra Space Storage LP)

Absence of Labor Dispute. None No material labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. To the Operating Partnership knowledge of the Company, there is no existing or imminent labor disturbance by the employees of any of its or any Subsidiary’s principal suppliers, customers or contractors, which, in either case, would, singly or in the aggregate, result in a Material Adverse Effect. Neither the Company nor any of the Significant Subsidiaries is engaged in any unfair labor practice; except for matters which would not, individually singly or in the aggregate, have a Material Adverse Effect, (A) there is (i) no unfair labor practice complaint pending or, to the knowledge of Company’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Significant Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Significant Subsidiaries and (iii) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries;.

Appears in 1 contract

Samples: Underwriting Agreement (CBTX, Inc.)

Absence of Labor Dispute. None Except as described in or expressly contemplated by each of the CompanyRegistration Statement, the Operating Partnership or Pricing Disclosure Package and the Prospectus under the caption “Recent Developments—Recent Developments Relating to Legal Proceedings—Legal and Administrative Proceedings—Proceedings Related to Our Company and its Subsidiaries,” (i) neither the Company nor any of the Significant Subsidiaries is engaged in any unfair illegal labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, (ii) (A) there is (i) no unfair illegal labor practice complaint pending pending, threatened or, to the knowledge of Company’s knowledge, contemplated against the Company, the Operating Partnership Company or any of the Significant Subsidiaries, threatened against the Company, the Operating Partnership or any of the Subsidiaries before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened, (iiB) no strike, labor dispute, slowdown or stoppage pending is pending, threatened or, to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, threatened contemplated against the Company or any of the Significant Subsidiaries and (iiiC) no union representation dispute currently existing exists, or is pending or threatened, concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries, ; and (Biii) to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, (iA) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Significant Subsidiaries and (iiB) there has been no violation of any Brazilian federal, state, state or local law or any foreign law relating to discrimination in the hiring, promotion or pay of employees, employees or any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries;subsidiaries; except in each of the foregoing clauses (i), (ii) and (iii) that if determined adversely to the Company or any of its Significant Subsidiaries or subsidiaries, as the case may be, would not individually or in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: International Underwriting and Placement Facilitation Agreement (CPFL Energy INC)

Absence of Labor Dispute. None of Except as disclosed in the Company, the Operating Partnership or any of the Subsidiaries is engaged in any unfair labor practice; General Disclosure Package and except for matters which would not, individually or in the aggregate, have a Material Adverse Effect, none of the Issuer, the Guarantors or their respective subsidiaries is engaged in any unfair labor practice; and (Ai) there is (iA) no unfair labor practice complaint pending or, to the knowledge each of the Company, Issuer’s or the Operating Partnership or any of the SubsidiariesGuarantors’ knowledge, threatened against the CompanyIssuer, the Operating Partnership Guarantors or any of the Subsidiaries their respective subsidiaries before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge each of the CompanyIssuer’s or the Guarantors’ knowledge, threatened against the Issuer, the Operating Partnership Guarantors or any of the Subsidiaries, threatenedtheir respective subsidiaries, (iiB) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either each of the Company, Issuer’s or the Operating Partnership or any of the SubsidiariesGuarantors’ knowledge, threatened against the Company Issuer, the Guarantors or any of the Subsidiaries their respective subsidiaries and (iiiC) no union representation dispute currently existing concerning the employees of the CompanyIssuer, the Operating Partnership Guarantors or any of the Subsidiariestheir respective subsidiaries, and (Bii) to the knowledge of either each of the CompanyIssuer’s or the Guarantors’ knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the CompanyIssuer, the Operating Partnership Guarantors or any of the Subsidiaries their respective subsidiaries and (iiiii) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the CompanyIssuer, the Operating Partnership Guarantors or any of the Subsidiaries;their respective subsidiaries.

Appears in 1 contract

Samples: Purchase Agreement (Tube City IMS CORP)

Absence of Labor Dispute. None No labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any of Subsidiary’s principal suppliers, manufacturers, customers or contractors, which, in either case, would, individually or in the Subsidiaries is engaged aggregate, reasonably be expected to result in any unfair labor practice; except a Material Adverse Effect. Except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, neither the Company nor any Subsidiary is engaged in any unfair labor practice; and (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries Subsidiary before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Subsidiaries Subsidiary and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership Company or any of the SubsidiariesSubsidiary, and (B) to the knowledge of either of the Company’s knowledge, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries Subsidiary and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) ), or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries;Subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Flushing Financial Corp)

Absence of Labor Dispute. None Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus (i) the Company is not party to or bound by any collective bargaining agreement with any labor organization; (ii) there is no union representation question existing with respect to the employees of the Company, and, to the Operating Partnership knowledge of the Company, no union organizing activities are taking place that, could, individually or in the aggregate, reasonably be expected to have or has a Material Adverse Effect; (iii) to the knowledge of the Company, no union organizing or decertification efforts are underway or threatened against the Company; (iv) no labor strike, work stoppage, slowdown or other material labor dispute is pending against the Company, or, to the Company’s knowledge, threatened against the Company; (v) there is no worker’s compensation liability, experience or matter that could be reasonably expected to have a Material Adverse Effect; (vi) to the knowledge of the Company, there is no threatened or pending liability against the Company pursuant to the Worker Adjustment Retraining and Notification Act of 1988, as amended, or any similar state or local law; (vii) to the knowledge of the Subsidiaries Company, there is engaged in any no employment-related charge, complaint, grievance, investigation, unfair labor practicepractice claim or inquiry of any kind, pending against the Company that could, individually or in the aggregate, reasonably be expected to have or has a Material Adverse Effect; except (viii) to the knowledge of the Company, no employee or agent of the Company has committed any act or omission giving rise to liability for matters which any violation identified in subsection (v) and (vi) above, other than such acts or omissions that would not, individually or in the aggregate, reasonably be expected to have or has a Material Adverse Effect, ; and (Aix) there is (i) no unfair labor practice complaint pending or, to the knowledge of the Company, no term or condition of employment exists through arbitration awards, settlement agreements or side agreement that is contrary to the Operating Partnership or express terms of any of the Subsidiaries, threatened against the Company, the Operating Partnership or any of the Subsidiaries before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under applicable collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries, threatened, (ii) no strike, labor dispute, slowdown or stoppage pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, threatened against the Company or any of the Subsidiaries and (iii) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries, (i) no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries and (ii) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries;agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Eagle Bulk Shipping Inc.)

Absence of Labor Dispute. None No material labor dispute with the employees of the Company or any Subsidiary exists or, to the knowledge of the Company, is imminent. The Company is not aware of any existing or imminent labor disturbance by the Operating Partnership employees of any of its or any of Subsidiary’s principal suppliers, vendors, customers or contractors, which, in either case, would, singly or in the Subsidiaries is engaged aggregate, reasonably be expected to result in any unfair labor practice; except a Material Adverse Effect. Except for matters which would not, individually or in the aggregate, be material to the Company and its Subsidiaries taken as a whole, neither the Company nor any of its Subsidiaries is engaged in any unfair labor practice. Except for matters which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (A) there is (i1) no unfair labor practice complaint pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company, the Operating Partnership Company or any of the Subsidiaries before the National Labor Relations BoardBoard or any similar domestic or foreign body, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the knowledge of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened, (ii2) no strike, labor disputeslowdown, slowdown or work stoppage is pending or, to the knowledge of either of the Company, the Operating Partnership or any of the Subsidiaries’s knowledge, threatened against the Company or any of the Subsidiaries Subsidiaries, and (iii3) no union representation dispute currently existing concerning the employees of the Company, the Operating Partnership or any of the Subsidiaries, and (B) to the knowledge of either of the Company, the Operating Partnership Company or any of the Subsidiaries, (iB) to the Company’s knowledge, no union organizing activities are currently taking place concerning the employees of the Company, the Operating Partnership Company or any of the Subsidiaries and (iiC) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or any similar domestic or foreign law or the rules and regulations promulgated thereunder concerning the employees of the Company, Company or the Operating Partnership or any of the Subsidiaries;Bank.

Appears in 1 contract

Samples: Underwriting Agreement (Banc of California, Inc.)

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