Common use of Employee and Labor Matters Clause in Contracts

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officers, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liability, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officers, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the Loan Parties have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrower, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change.

Employee and Labor Matters. There Except as could not reasonably be expected to have a Material Adverse Effect, there is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state state, provincial or foreign law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act Act, the applicable Canadian provincial employment standards legislation or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible OfficersBorrowers, threatened in writing against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and 127255152_10 that could reasonably be expected to result in a material liability, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party or its Subsidiaries that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible OfficersBorrowers, after due inquiry, no union representation question existing with respect to the employees of any Loan Party or its Subsidiaries and no union organizing activity taking place with respect to any of the employees of any Loan PartyParty or its Subsidiaries, in each case, that could reasonably be expected to result in the incurrence by any Loan Party or its Subsidiaries of any material liabilities or obligations. No Loan Party and no Subsidiary of any Loan Party has incurred any liability or obligation under resulting directly or indirectly from its breach of any provision of the Worker Adjustment and Retraining Notification Act or similar state law, in an amount that exceeds $1,000,000 in the aggregate at any one time and which remains unpaid or unsatisfied. The hours worked and payments made to employees of the each Loan Parties Party or its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except in each case to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowerany Loan Party, except in each case where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change.

Employee and Labor Matters. There Except as could not, individually or in the aggregate, reasonably to be expected to result in a Material Adverse Effect, there is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act (“WARN”) or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. (i) There is (iA) no unfair labor practice complaint pending or, to the best knowledge of Borrower’s Responsible Officerseach Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or or, to the knowledge of any Loan Party, threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (iiB) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liabilityor, or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against the Loan Party and (C) to the best knowledge of each Loan Party, no union representation question existing with respect to the employees of the Parent or any Loan Party of its Subsidiaries and no union organizing activity taking place with respect to any of the employees of any Loan Partyof them. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There Except as set forth on Schedule 4.24, there is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could would reasonably be expected to result in a material liabilityliability to any Loan Party, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or or, to the knowledge of any Loan Party, threatened in writing against any Loan Party that could would reasonably be expected to result in a material liabilityliability to any Loan Party, or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowerany Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Change.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of any Borrower’s Responsible Officers, threatened against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liability, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party or its Subsidiaries that could reasonably be expected to result in a material liability, or (iii) to the knowledge of any Borrower’s Responsible Officers, after due inquiry, no union representation question existing with respect to the employees of any Loan Party or its Subsidiaries and no union -83- organizing activity taking place with respect to any of the employees of any Loan PartyParty or its Subsidiaries. No None of any Loan Party or its Subsidiaries has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the each Loan Parties Party and its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of BorrowerBorrowers, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of any Borrower’s Responsible Officers, threatened against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liability, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party or its Subsidiaries that could reasonably be expected to result in a material liability, or (iii) to the knowledge of any Borrower’s Responsible Officers, after due inquiry, no union representation question existing with respect to the employees of any Loan Party or its Subsidiaries and no union organizing activity taking place with respect to any of the employees of any Loan PartyParty or its Subsidiaries. No None of any Loan Party or its Subsidiaries has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the each Loan Parties Party and its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party or such Subsidiary, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or or, to the knowledge of any Loan Party, threatened against any Loan Party which arises out of or under any collective bargaining agreement and agreement, in each case that could reasonably be expected to result in a material liabilityMaterial Adverse Effect, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, Material Adverse Effect or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party has incurred any material liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state lawlaw or any other jurisdiction, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of any Borrower’s Responsible Officers, threatened against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liabilityor its Subsidiaries, or (iii) to the knowledge of any Borrower’s Responsible Officers, after due inquiry, no union representation question existing with respect to the employees of any Loan Party or its Subsidiaries and no union organizing activity taking place with respect to any of the employees of any Loan PartyParty or its Subsidiaries, in the case of each of the preceding clauses (i) through (iii), that could reasonably be expected to result in a Material Adverse Effect. No None of any Loan Party or its Subsidiaries has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the each Loan Parties Party and its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Parent or any Borrower, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the best knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or and (iii) to the best knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan PartyParty which, in any such case, could have a Material Adverse Effect. No None of the Loan Party Parties or any of their ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowerthe Loan Parties, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There Except as could not reasonably be expected to have a Material Adverse Effect, there is (i) no unfair labor practice complaint pending or, to the best knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the best knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No As of the date hereof, no Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act (“WARN”) or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of the Borrower’s Responsible Officers, threatened against the Borrower or any Loan Party Consolidated Subsidiary before any Governmental Authority Official Body and no grievance or arbitration proceeding pending or or, to the knowledge of Borrower, threatened against the Borrower or any Loan Party Consolidated Subsidiary which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against the Borrower or any Loan Party that could reasonably be expected to result in a material liability, or Consolidated Subsidiary and (iii) to the knowledge of the Borrower’s Responsible Officers, no union representation question existing with respect to the employees of the Borrower or any Loan Party Consolidated Subsidiary and no union organizing activity taking place with respect to any of the employees of the Borrower or any Loan Party. No Loan Party has incurred Consolidated Subsidiary which, in any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state lawsuch case, which remains unpaid or unsatisfiedcould have a Material Adverse Effect. The hours worked and payments made to employees of the Loan Parties Borrower or any Consolidated Subsidiary have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from the Borrower or any Loan Party Consolidated Subsidiary on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowerthe Borrower or any Consolidated Subsidiary, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the best knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or or, to the best knowledge of any Loan Party, threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or or, to the best knowledge of any Loan Party, threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the best knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as reasonably could not be expected to have a Material Adverse Effect. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There Except as could not, individually or in the aggregate, reasonably to be expected to result in a Material Adverse Effect, there is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (ia) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and that could would reasonably be expected to result in a material liabilityMaterial Adverse Effect, and (iib) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party or its Subsidiaries that could would reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officers, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan PartyMaterial Adverse Effect. No Loan Party or its Subsidiaries has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied, except where such obligations or liability, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The hours worked and payments made to employees of the each Loan Parties Party and its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Person, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officers, threatened against any Loan Party or its Subsidiaries before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party or its Subsidiaries which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityMaterial Adverse Effect, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party or its Subsidiaries that could reasonably be expected to result in a material liabilityMaterial Adverse Effect, or (iii) to the knowledge of Borrower’s Responsible Officers, after due inquiry as of the Closing Date, no union representation question existing with respect to the employees of any Loan Party or its Subsidiaries and no union organizing activity taking place with respect to any of the employees of any Loan PartyParty or its Subsidiaries. No Loan Party or its Subsidiaries has incurred any material liability or obligation under the Worker Adjustment and Retraining Notification Act or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the each Loan Parties Party and its Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party or its Subsidiaries on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect.

Employee and Labor Matters. There Except as could not reasonably be expected to result in a Material Adverse Effect, there is (i) no unfair labor practice complaint pending or, to the knowledge of Borrower’s Responsible Officersany Loan Party, threatened in writing against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened in writing against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that could reasonably be expected to result in a material liability, or (iii) to the knowledge of Borrower’s Responsible Officerseach Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party or any of its Subsidiaries has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfiedunsatisfied and that could reasonably be expected to have a Material Adverse Effect. The hours worked and payments made to employees of the any Loan Parties Party have not been in material violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.

Employee and Labor Matters. There Except as set forth on Schedule 6.01(z), there is (i) no unfair labor practice complaint pending or, to the best knowledge of Borrower’s Responsible Officersany Loan Party, threatened against any Loan Party before any Governmental Authority and no grievance or arbitration proceeding pending or threatened against any Loan Party which arises out of or under any collective bargaining agreement and that could reasonably be expected to result in a material liabilityagreement, (ii) no strike, labor dispute, slowdown, stoppage or similar action or grievance pending or threatened in writing against any Loan Party that Party, other than employee grievances arising in the ordinary course of business which could not reasonably be expected to result have, either individually or in the aggregate, a material liabilityMaterial Adverse Effect, or (iii) to the best knowledge of Borrower’s Responsible Officersany Loan Party, no union representation question existing with respect to the employees of any Loan Party and no union organizing activity taking place with respect to any of the employees of any Loan Party. No Loan Party or any of its ERISA Affiliates has incurred any liability or obligation under the Worker Adjustment and Retraining Notification Act ("WARN") or similar state law, which remains unpaid or unsatisfied. The hours worked and payments made to employees of the any Loan Parties Party have not been in violation of the Fair Labor Standards Act or any other applicable legal requirements, except to the extent such violations could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse ChangeEffect. All material payments due from any Loan Party on account of wages and employee health and welfare insurance and other benefits have been paid or accrued as a liability on the books of Borrowersuch Loan Party, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect.