Common use of Collective Agreements Clause in Contracts

Collective Agreements. (a) Neither Corporation nor any of its Subsidiaries is a party to or in the process of negotiating, and no Corporation Employee is covered by, any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware of any current attempts to organize or establish any trade union, employee association or other similar entity affecting the Corporation Employees nor has there been any such attempt in the last five years. No trade union, council of trade union, employee bargaining agency, works council or affiliated bargaining agent: (i) holds bargaining rights with respect to any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; or (ii) has applied to be certified as the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries. (b) There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, pending or involving or, to the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, and no such event has occurred within the last five years. (c) There are no pending or, to the knowledge of Corporation, threatened applications by any trade union to have Corporation or any of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law in any jurisdiction in which Corporation or its Subsidiaries carries on business. (d) Neither Corporation nor any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened or pending unfair labour practice complaints, charges or similar disputes or proceedings pertaining to Corporation or any of its Subsidiaries.

Collective Agreements. (ai) Neither Corporation The Company Disclosure Letter sets forth, as of the date hereof, a true and complete list of all collective bargaining agreements or union agreements currently applicable to the Company and/or any of its subsidiaries (collectively, the “Collective Agreements”), and neither the Company nor any of its Subsidiaries subsidiaries is in default of any of its material obligations under such agreements. To the knowledge of the Company, there are no outstanding material labour tribunal proceedings of any kind or other event of any nature whatsoever, including any Proceedings which could result in certification of a party to or in the process of negotiating, and no Corporation Employee is trade union as bargaining agent for any Company Employees not already covered by, any by a Collective Agreement. To the knowledge of the Company, letter of understanding or there are no apparent union agreementorganizing activities involving Company Employees not already covered by a Collective Agreement. Neither Corporation the Company nor any of its Subsidiaries is aware subsidiaries currently has any material unresolved grievances or material pending arbitration cases outstanding under any Collective Agreement. (ii) To the knowledge of any current attempts to organize or establish any trade unionthe Company, employee association or other similar entity affecting except for those locations and Company Employees covered by the Corporation Employees nor has there been any such attempt in the last five years. No Collective Agreements, no trade union, council of trade unionunions, employee bargaining agency, works council agency or affiliated bargaining agent: (i) agent holds bargaining rights with respect to any Corporation Company Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; or (ii) rights or has applied to be certified as have the bargaining agent of any Corporation Employees Company or any other Person(s) who perform work of its subsidiaries declared a related employer or services successor employer pursuant to applicable labour legislation. To the knowledge of the Company, none of the Company or any of the subsidiaries has engaged in connection with Corporation and/or its Subsidiaries. (b) There is any unfair labour practices and, no labour strike, dispute, lock-out, work slowdown stoppage, or stoppageother material labour dispute is occurring or has occurred during the past two years. To the knowledge of the Company, there are no threatened or pending strikes, work stoppages, picketing, boycotts lock-outs, hand-bxxxxxxx, boycotts, slowdowns or similar activities, pending or involving or, labour related disputes pertaining to the knowledge of Corporation, threatened against Corporation Company or any of its Subsidiaries, and no such event subsidiaries that might materially affect the value of the Company or lead to an interruption of operations of any Principal Subsidiary at any location. None of the Company or any of the subsidiaries has occurred engaged in any plant closing or lay-off activities within the last five yearspast two years that would violate or in any way subject the Company or any of the subsidiaries to the group termination or lay-off requirements of the applicable provincial employment standards legislation. (ciii) There are no pending or, to Neither the knowledge Company nor any of Corporation, threatened applications by its subsidiaries has recognised any trade union or has any staff association, staff council, works council or other organisation formed for or arrangements having a similar purpose and no notification to have Corporation any trade union, staff association, staff council, works council or other organisation formed for or in respect of any arrangements having a similar purpose is required by the Company or any of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law in any jurisdiction in which Corporation or its Subsidiaries carries on businesssubsidiaries for the purpose of consummating the transactions contemplated by this Agreement. (d) Neither Corporation nor any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened or pending unfair labour practice complaints, charges or similar disputes or proceedings pertaining to Corporation or any of its Subsidiaries.

Collective Agreements. (a) Neither Corporation nor any of its Subsidiaries is a party to or in the process of negotiating, and no Corporation Employee is covered by, any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware of any current attempts to organize or establish any trade union, employee association or other similar entity affecting the Corporation Employees nor has there been any such attempt in the last five years. No trade union, council of trade union, employee bargaining agency, works council or affiliated bargaining agent: (i) holds bargaining rights with respect to any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; or (ii) has applied to be certified as the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries. (b) There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, pending or involving or, to the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, and no such event has occurred within the last five years. (c) There are no pending or, to the knowledge of Corporation, threatened applications by any trade union to have Corporation or any of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law in any jurisdiction in which Corporation or its Subsidiaries carries on business. (d) Neither Corporation nor any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened or pending unfair labour practice complaints, charges or similar disputes or proceedings pertaining to Corporation or any of its Subsidiaries.

Collective Agreements. (a) Neither Corporation No union has been accredited or otherwise designated to represent any Parent Employees and, to the Knowledge of the Parent, no accreditation request or other representation question is pending with respect to the Parent Employees and no collective agreement or collective bargaining agreement is in effect in any of the premises of the Parent or the Subsidiaries and none is currently being negotiated by the Parent or its Subsidiaries. (b) To the Knowledge of the Parent, there are no threatened or pending union organizing activities involving any Parent Employees. There is no labour strike, dispute, work slowdown or stoppage pending or involving or, to the Knowledge of the Parent, threatened against the Parent and no such event has occurred within the last three years. (c) None of the Parent, nor any of its Subsidiaries is a party to or in the process any letter of negotiating, and no Corporation Employee is covered by, any Collective Agreementintent, letter of understanding or union agreement. Neither Corporation nor any understanding, memorandum of its Subsidiaries is aware of any current attempts to organize or establish any trade union, employee association or other similar entity affecting the Corporation Employees nor has there been any such attempt in the last five years. No trade union, council of trade union, employee bargaining agency, works council or affiliated bargaining agent: (i) holds bargaining rights with respect to any Corporation Employees agreement or any other Person(stype of agreement with any labour organization. (d) who perform work or services To the Knowledge of the Parent, there are no outstanding labour tribunal proceedings of any kind, including any proceedings which could result in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; orsuccession rights of a trade union, council of trade unions, employee bargaining agencies, affiliated bargaining agent or any other Person as bargaining agent for any Parent Employees. (iie) No trade union, council of trade unions, employee bargaining agency or affiliated bargaining agent holds bargaining rights with respect to any of the employees of the Parent by way of certification, interim certification, voluntary recognition, to the Knowledge of the Parent, has applied or threatened to apply to be certified as the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiariesemployees of the Parent. (bf) There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, pending or involving or, to None of the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, and no such event has occurred within the last five years. (c) There are no pending or, to the knowledge of Corporation, threatened applications by any trade union to have Corporation or Parent nor any of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law has engaged in any jurisdiction in which Corporation lay-off activities within the past three years that would violate group termination or its Subsidiaries carries on businesslay-off requirements of any Law. (dg) Neither Corporation None of the Parent nor any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened or pending unfair labour practice complaintscomplaint, charges grievance or similar disputes or proceedings pertaining arbitration proceeding is pending or, to Corporation the Knowledge of Parent, threatened against the Parent or any of its Subsidiaries. (h) To the Knowledge of Parent, there are no outstanding labour board or tribunal proceedings of any kind or other event of any nature whatsoever, including any proceedings which could result in certification, interim certification, voluntary recognition, or succession rights of a trade union, council of trade unions, employee bargaining agencies, affiliated bargaining agent or any other Person as bargaining agent for any Parent Employees. (i) To the Knowledge of Parent, no trade union has applied to have Parent or any of its Subsidiaries declared a common, related or successor employer pursuant to the Labour Relations Code (British Columbia), or the Canada Labour Code or any similar legislation in any jurisdiction in which the Parent and its Subsidiaries carries on business.

Collective Agreements. (ai) Neither The Corporation nor any of its Subsidiaries is not a party to or in the process of negotiating, bound by or subject to any Collective Agreement and no Collective Agreements are currently being negotiated or are currently subject to negotiation by the Corporation Employee with respect to Employees. The Corporation is covered by, not in material violation of any provision under any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware of any current attempts to organize or establish any trade union, employee association or other similar entity affecting the Corporation Employees nor has there been any such attempt in the last five years. ; (ii) No trade union, council of trade unionlabour union or organization, employee bargaining agency, works council agent or affiliated bargaining agent: (i) any other person holds bargaining rights with respect to any Corporation of the Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor succession rights; or (ii) , or has applied or threatened to apply to be certified as the bargaining agent of any Corporation Employees. There are no ongoing, pending, or to the knowledge of the Vendors, threatened, union organizing activities involving any Employees or persons providing services to the Corporation. The Corporation has not engaged in any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries. (b) There is unfair labour practices and no labour strike, dispute, lock-out, work slowdown stoppage or stoppage, picketing, boycotts or similar activities, pending or involving or, to the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, other material labour dispute is occurring and no such event has occurred within the last five two years. (c) . There are no pending or, to the knowledge of Corporationthe Vendors, threatened applications by any trade union strikes, work stoppages, picketing, lock-outs, handbillings, boycotts, slowdowns or similar labour related disputes pertaining to have the Corporation that might affect the value of the Corporation or any lead to an interruption of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law in any jurisdiction in which operations of the Corporation. The Corporation or its Subsidiaries carries on business. (d) Neither Corporation nor any of its Subsidiaries has not engaged in any unfair labour practice closing or lay-off activities within the past two years that would violate or in any way subject the Corporation to the group termination or lay-off requirements of applicable Laws; (iii) The Corporation has not recognized any trade union, staff association, employee association, staff council, works council or other organization or arrangement having a similar purpose, and there no notification to any trade union, staff association, employee association, staff council, works council or other organization or arrangement having a similar purpose is required by the Corporation for the purpose of consummating the Transaction; (iv) There are no actual, threatened current or pending unfair labour practice complaintsgrievances under or arbitration cases outstanding, charges or, to the knowledge of the Vendors, threatened, in respect of any Collective Agreements; and (v) With respect to the Transaction, any notice required under any Law or similar disputes or proceedings pertaining to Corporation Collective Agreement has been given, and all bargaining obligations with any union, bargaining agent, employee association, or any other representative of its Subsidiariesany Employee, arising to the date of this Agreement have been, or prior to the Closing Date, will be, satisfied.

Collective Agreements. (ai) Neither Corporation nor To the knowledge of the Company, there are no pending union organizing activities involving any Company Employees and no Collective Agreement is currently being negotiated by the Company . (ii) None of the Company or any of its Subsidiaries is a party party, either directly or indirectly, or by operation of law to or in the process of negotiating, any Collecti ve Agreement and there are no Corporation Employee is covered by, any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware outstanding labour tribunal proceedings of any current attempts to organize or establish any trade union, employee association kind or other similar entity affecting the Corporation Employees nor has there been event of any such attempt nature whatsoever, including any proceedings which could result in the last five years. No trade union, council of trade union, employee bargaining agency, works council or affiliated bargaining agent: (i) holds bargaining rights with respect to any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; orsuccession rights of a trade union, council of trade unions, employee bargaining agencies, affiliated bargaining agent or any other Person as bargaining a gent for any Company Employees. (iiiii) To the knowledge of the Company, no trade union, council of trade unions, employee bargaini ng agency or affiliated bargaining agent holds bargaining rights with respect to any of the employees of the Company by way of certification, interim certification, voluntary recognition, or succession rights, or has applied or, to the knowledge of the Com pany, threatened to apply to be certified as the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiariesemployees of the Company. (biv) There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, pending or involving or, to None of the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, and no such event has occurred within the last five years. (c) There are no pending or, to the knowledge of Corporation, threatened applications by any trade union to have Corporation or Company nor any of its Subsidiaries declared a related, successor, and/or common employer pursuant to applicable Law has engaged in any jurisdiction in which Corporation lay -off activities within the past three years that would violate group termination or its Subsidiaries carries on businesslay -off requirements of the Employment Standards Code or other Law. (dv) Neither Corporation None of the Company nor any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened or pending unfair labour practice complaintscomplaint, charges grievance or similar disputes or proceedings pertaining arbitration proceeding is pending or, to Corporation the kn owledge of Company, threatened against the Company or any of its Subsidiaries. (vi) To the knowledge of Company, no trade union has applied to have Company or any of its Subsidiaries declared a common, related or successor employer pursuant to the Labour Relati ons Act (Ontario), the Labour Code (QuØbec) or the Canada Labour Code or any similar legislation in any jurisdiction in which the Company and its Subsidiaries carries on business.

Collective Agreements. (a) There is no Collective Agreement in force with respect to the employees of the Company nor is there any Contract with any employee association in respect of the employees of the Company. (b) Neither Corporation the Company nor any of its Subsidiaries is a party party, either directly or indirectly, or by operation of law to or in the process of negotiating, any other Collective Agreement and there are no Corporation Employee is covered by, any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware outstanding labour tribunal proceedings of any current attempts to organize kind, including any proceedings which could result in certification of a trade union as bargaining agent for any Company Employees not already covered by a Collective Agreement or establish any trade union, employee association no written or other similar entity affecting oral agreements or course of conduct which modify the Corporation Employees nor has there been any such attempt in terms of the last five yearsCollective Agreements. No trade union, council of trade unionunions, employee bargaining agency, works council agency or affiliated bargaining agent: (i) agent holds bargaining rights with respect to any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries of the employees of the Company by way of statute, certification, interim certification, voluntary recognition, designation or successor succession rights; or (ii) , or has applied or, threatened to apply to be certified as the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiariesemployees of the Company. (bc) There are no threatened or pending union organizing activities involving any employees of the Company. There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, stoppage pending or involving or, to the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, the Company and no such event has occurred within the last five (5) years. (cd) There are no pending or, to the knowledge of Corporation, threatened applications by any No trade union has applied to have Corporation the Company or any of its Subsidiaries declared a related, successor, and/or common or related employer pursuant to applicable Law the Labour Relations Code (Alberta) or any similar legislation in any jurisdiction in which Corporation the Company or any of its Subsidiaries carries on business. (de) Neither Corporation nor None of the Company or any of its Subsidiaries has engaged in any unfair labour practice and there are no actual, threatened lay-off activities within the past three years that would violate or pending unfair labour practice complaints, charges or similar disputes or proceedings pertaining to Corporation in any way subject the Company or any of its SubsidiariesSubsidiaries to the group termination or lay-off requirements of the applicable provincial employment standards Law or other Law. (f) There are no outstanding labour tribunal proceedings of any kind or other event of any nature whatsoever, including any proceedings which could result in certification, interim certification, voluntary recognition, or succession rights of a trade union, council of trade unions, employee bargaining agencies, affiliated bargaining agent or any other Person as bargaining agent for any Company Employees not already covered by a Collective Agreement.

Collective Agreements. (ai) Neither Corporation Except as set forth in Section 3.1(v) of the Disclosure Letter, neither the Company nor any of its Subsidiaries is a party subject to any collective bargaining agreements or union agreements. True and complete copies of all collective bargaining agreements have been made available to Parent in the process Maple Data Room on or prior to December 21, 2010. To the knowledge of negotiatingthe Company, and there are no Corporation Employee is covered by, any Collective Agreement, letter of understanding or union agreement. Neither Corporation nor any of its Subsidiaries is aware outstanding material labour tribunal proceedings of any current attempts to organize or establish any trade union, employee association kind or other similar entity affecting event of any nature whatsoever, including any Litigation which could result in certification of a trade union as bargaining agent for any Maple Personnel. To the Corporation Employees nor has knowledge of the Company, there been any such attempt are no apparent union organizing activities involving Maple Personnel. (ii) Other than as set out in Section 3.1(v) of the last five years. No Disclosure Letter, no trade union, council of trade unionunions, employee bargaining agency, works council agency or affiliated bargaining agent: (i) agent holds bargaining rights with respect to any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries Maple Personnel by way of statute, certification, interim certification, voluntary recognition, designation or successor rights; or (ii) rights or has applied to be certified as have the bargaining agent of any Corporation Employees or any other Person(s) who perform work or services in connection with Corporation and/or its Subsidiaries. (b) There is no labour strike, dispute, lock-out, work slowdown or stoppage, picketing, boycotts or similar activities, pending or involving or, to the knowledge of Corporation, threatened against Corporation or any of its Subsidiaries, and no such event has occurred within the last five years. (c) There are no pending or, to the knowledge of Corporation, threatened applications by any trade union to have Corporation Company or any of its Subsidiaries declared a related, successor, and/or common related employer or successor employer pursuant to applicable Law in any jurisdiction in which Corporation labour Law. None of the Company or its Subsidiaries carries on business. (d) Neither Corporation nor any of its Subsidiaries has engaged in any unfair labour practice practices and no strike, lock-out, work stoppage, or other material labour dispute is occurring or has occurred during the past two years. To the knowledge of the Company, there are no actual, threatened or pending unfair labour practice complaintsstrikes, charges work stoppages, picketing, lock-outs, hand-xxxxxxxx, boycotts, slowdowns or similar labour related disputes or proceedings pertaining to Corporation the Company or any of its SubsidiariesSubsidiaries that would have or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. None of the Company or any of its Subsidiaries has engaged in any plant closing or lay-off activities within the past two years that would violate or in any way subject the Company or any of its Subsidiaries to the group termination or lay-off requirements of the applicable employment/labour standards Law, WARN Act or other applicable Law. (iii) Except as set forth in Section 3.1(v) of the Disclosure Letter, (i) neither the Company nor any of its Subsidiaries has recognised any trade union or has any staff association, staff council, works council or other organisation formed for or in respect of any arrangements having a similar purpose and, (ii) no notification to any trade union, staff association, staff council, works council or other organization formed for or in respect of any arrangements having a similar purpose is required by the Company or any of its Subsidiaries for the purpose of consummating the transactions contemplated by the Arrangement Agreement.