Assumption of Collective Bargaining Agreements. Labor Relations 10 Section 3.04. Assumption of Individual Kontoor Brands Employee Agreements and Kontoor Brands Contractor Agreements 10 Section 3.05. Assignment of Specified Rights 10 ARTICLE 4 PLANS Section 4.01. Plan Participation 11 Section 4.02. Service Credit 11 ARTICLE 5 RETIREMENT PLANS Section 5.01. 401(k) Plan 11 Section 5.02. Non-U.S. Defined Contribution Plans 12 Section 5.03. VF U.S. Qualified Pension Plan 12 Section 5.04. Non-U.S. Pension Plans 12 Section 5.05. VF NQ Savings Plans 12 Section 5.06. VF DCP 13 Section 5.07. VF SERP 13 Section 5.08. VF Directors Savings Plan 13 Section 5.09. Section 409A 14 ARTICLE 6 HEALTH AND WELFARE PLANS; PAID TIME OFF AND VACATION
Assumption of Collective Bargaining Agreements. As of or prior to the Distribution Date, SpinCo shall have retained or assumed, or shall have caused a SpinCo Entity to retain or assume, each Collective Bargaining Agreement covering SpinCo Employees, and no Moon Entity shall have any further Liability thereunder. Prior to the Distribution Date, Moon shall have complied and caused its Affiliates to comply, in all material respects, with all of the terms and conditions set forth in each such Collective Bargaining Agreement and with applicable Laws covering Moon’s and any Moon Affiliate’s Employees, including but not limited to the fulfillment of any labor- or employment-related notice, information, or consultation requirements relating to the matters contemplated hereby.
Assumption of Collective Bargaining Agreements. (i) As of the Closing Date, Buyer shall cause the Companies to continue to perform the requirements, obligations and liabilities of that Company under the Collective Bargaining Agreement listed in Schedule 4.9(d) (individually, a “CBA,” collectively, the “CBAs”). For employees of any of the Companies covered by a CBA, the obligations of the Buyer and the Companies set forth in this Section 6.14 shall be subject to the terms of the applicable CBA and all applicable labor and employment law requirements. Notwithstanding anything contained in this Section 6.14 to the contrary, the covenants contained in Sections 6.14(d)(i) and (e)(i) shall not be applicable to any employees of the Companies covered by a CBA.
(ii) Buyer agrees that Buyer shall be responsible for, and Buyer covenants to pay or otherwise discharge, and shall indemnify and hold harmless, Seller and its Affiliates against any liability, claim or obligation (including attorney’s fees and other costs of defense) resulting from Buyer’s or any Company’s failure to provide compensation or benefits from and after the Closing Date that are required to be provided under the CBAs.
Assumption of Collective Bargaining Agreements. As of the Closing Date, the Purchaser or one of its Affiliates shall assume the collective bargaining agreements listed on Section 3.23 of the Disclosure Schedule (the "Labor Agreements"). The Purchaser or one of its Affiliates shall recognize and give full credit to each of the Transferred Employees covered by the Labor Agreements (the "Transferred Union Employees") for service and seniority with or recognized by the Seller or any of its Affiliates to the extent required by the applicable Labor Agreement. The cessation of employment of the Transferred Union Employees with the Seller or any of its Affiliates and their subsequent employment with the Purchaser or one its Affiliates shall not be deemed by the Purchaser to be a break in service or seniority for purposes of the Labor Agreements. The Purchaser and the relevant Affiliates shall recognize the layoff status and current seniority status of Covered Employees covered by a collective bargaining agreement who are on layoff status as of the Closing Date.
Assumption of Collective Bargaining Agreements. (a) From and after the Effective Time, Vertiv shall (or shall cause the applicable member of the Vertiv Group to) comply with and honor the Vertiv Collective Bargaining Agreements and be responsible for, and the relevant member of the Xxxxxxx Group shall cease to be responsible for or to otherwise have any Liability in respect of, the Vertiv Collective Bargaining Agreements as they pertain to any Vertiv Employee or Former Business Employee, other than Emerson Retained Employee Liabilities or as expressly provided otherwise in this Agreement.
(b) Without limiting the foregoing, effective as of the Effective Time, Vertiv shall assume all Liabilities with respect to the Multiemployer Plans, including with respect to any “complete withdrawal” or “partial withdrawal” (within the meaning of Sections 4203 and 4205 of ERISA, respectively), and from and after the Effective Time, Vertiv shall (or shall cause the applicable member of the Vertiv Group to) make all required contributions to, and comply with all other obligations with respect to, the Multiemployer Plans. The Xxxxxxx Group and the Vertiv Group shall execute such documentation as may be reasonably necessary to effectuate the foregoing.
Assumption of Collective Bargaining Agreements. On and after ---------------------------------------------- the Closing Date, Buyer shall assume and shall pay and perform when due all liabilities and obligations under the Collective Bargaining Agreements, including but not limited to, any service credits or benefit accruals under such agreements (which, as limited by the following, shall be Assumed Liabilities for the purposes of this Agreement). Notwithstanding the foregoing, Seller shall retain and pay when due, and shall indemnify Buyer against, in accordance with Section 9.2(c) through (g) and Buyer shall not assume or in any way become liable for (all of which shall be Excluded Liabilities for all purposes of this Agreement):
(a) any liability or obligation of Seller or any of its Affiliates or Predecessor Parties for any breach, grievance, or unfair labor practice by Seller or any of its Affiliates or Predecessor Parties thereunder existing prior to the Closing (or any status, fact, circumstance or condition existing prior to the Closing Date that, but for the giving of notice or passage of time, would constitute a breach, grievance, or unfair labor practice thereunder);
(b) any liabilities or obligations of Seller or any of its Affiliates or Predecessor Parties with respect to terminated collective bargaining agreements and collective bargaining relationships previously in effect at the closed Plant located at 00000 X. Xxxxxxxx Avenue, Alsip, Illinois; and
(c) any other liability or obligation for which Seller is responsible under Section 10.1, 10.2 or 10.3 of this Agreement. Notwithstanding the foregoing, Buyer agrees that it will be responsible for any bargaining obligation that may arise out of its actions taken with respect to employment at the Plant located at 00000 X. Xxxxxxxx Avenue, Alsip, Illinois if Buyer determines to reopen that Plant and further agrees to indemnify and hold Seller harmless pursuant to Section 9.2(c) through (g) for any Losses which may arise out of any such actions (other than Losses that may arise with respect to any Excluded Asset or Excluded Liability or with respect to which Seller has agreed to indemnify Buyer).
Assumption of Collective Bargaining Agreements. Labor Relations. 12 Section 3.04. Assumption of Individual Lithium Employee Agreements and Lithium Contractor Agreements. 12 Section 3.05. Assignment of Specified Rights. 13 PLANS 13 Section 4.01. Plan Participation. 13 Section 4.02. Adoption and Administration of Lithium Plans; Service Credit. 13 RETIREMENT PLANS 14 Section 5.01. 401(k) Plan. 14 Section 5.02. Non-U.S. Defined Contribution Plans. 15 Section 5.03. Parent U.S. Qualified Pension Plan. 15 Section 5.04. Non-U.S. Pension Plans. 16 Section 5.05. Parent NQ Savings Plan. 16 Section 5.06. Parent NQ Pension Plan. 17 HEALTH AND WELFARE PLANS; PAID TIME OFF AND VACATION 18 Section 6.01. Cessation of Participation in Parent H&W Plans; Participation in Lithium H&W Plans. 18 Section 6.02. Assumption of Health and Welfare Plan Liabilities. 18 Section 6.03. Post-Retirement Health and Welfare Benefits. 19
Assumption of Collective Bargaining Agreements. On and after the Closing Date, except as otherwise provided in this Agreement, Purchaser shall assume all obligations under and be bound by the provisions of each collective bargaining agreement applicable to Transferred Employees listed on Schedule 3.13.
Assumption of Collective Bargaining Agreements. PacifiCorp shall assign and the LLC and Buyer shall assume the obligations of the employer to the employees at the Plant under the collective bargaining agreement with IBEW Local 125 (the "Collective Bargaining Agreement").
Assumption of Collective Bargaining Agreements. At the Closing, Seller shall assign to Buyer and, except as otherwise provided herein, Buyer shall offer to assume the Collective Bargaining Agreements set forth on Schedule 4.17 that cover hourly Business employees who are or were represented by a collective bargaining agent (the "Union Represented Employees"). Buyer shall inform each union representing Business employees that it is willing to assume their respective Collective Bargaining Agreement.
