Employee and Labour Matters; Benefit Plans. (a) Section (12)(a) of the Engine Gaming Disclosure Letter lists as at the date of this Agreement (i) material pension, savings, retirement savings, bonus, retention bonus, commission, stock option, stock purchase, restricted stock, stock appreciation, stock incentive, deferred compensation, incentive compensation, salary continuation, vacation, supplemental unemployment benefits, education assistance, profit-sharing, mortgage assistance, employee loan, employee assistance and supplemental retirement plans (including any group registered retirement savings plan), retiree programs or other retiree coverage or arrangements, fringe benefit and other benefit plans, programs, Contracts, coverage, arrangements or policies and (iv) any material employment, executive compensation, change in control, severance pay, or termination pay plans, programs, Contracts, arrangements or policies, in each case, that is sponsored, contributed to, required to be contributed to or maintained by Engine Gaming or any of the Engine Gaming Subsidiaries or as to which Engine Gaming or an Engine Gaming Subsidiary has any liability or contingent liability, in each case for the benefit of, or relating to, any former or current employee, officer or director of Engine Gaming or any of the Engine Gaming Subsidiaries or as to which Engine Gaming or any Engine Gaming Subsidiary has any material liability (all such plans, programs, Contracts or policies as described in this Section (12)(a), shall be collectively referred to in this Section (12) as the “Engine Gaming Benefit Plans”) except that the term Engine Gaming Benefit Plan shall not include any statutory plans with which the Engine Gaming is required to comply, including plans administered pursuant to applicable health tax, workers’ compensation and workers’ safety and employment insurance legislation. Engine Gaming has made available to GameSquare, true and complete copies of the documents establishing the current terms for each written material Engine Gaming Benefit Plan, including all amendments and past versions of such documents that continue to be relevant with respect to any participants. (b) None of the Engine Gaming Benefit Plans promises or provides post-termination or retiree benefits of any kind, including medical or life insurance benefits to any former or current employee of Engine Gaming or any of the Engine Gaming Subsidiaries (other than continuation coverage to the extent required by Law); (ii) all of the Engine Gaming Benefit Plans have been established, operated, administered, funded and maintained in all material respects in compliance with their terms, the terms of their trust or funding agreement, and all applicable Laws; (iii) all material contributions required to be made with respect to any Engine Gaming Benefit Plan on or before the date hereof have been made; (iv) there are no pending or, to the Knowledge of Engine Gaming, threatened claims by, on behalf of or relating to any of the Engine Gaming Benefit Plans or otherwise relating to an Engine Gaming Benefit Plan (other than routine claims for benefits) and Engine Gaming is not aware of any state of facts which could reasonably be expected to provide a valid basis for any of the foregoing, nor, to the knowledge of Engine Gaming, are any of the foregoing or any regulatory investigation, examination or audit pending or threatened; and (v) current enrollment in Engine Gaming Benefit Plans are individuals who work primarily outside of Canada. (c) Other than as set out in Section (12)(c) of the Engine Gaming Disclosure Letter, the execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement will not (either solely as a result thereof or as a result of such transactions in conjunction with another event) (i) automatically cause or result in an increase in the amount of compensation or benefits or timing of vesting or payment of any benefits or compensation payable in respect of any former or current employee, officer or director of Engine Gaming or any of the Engine Gaming Subsidiaries; (ii) require the funding or securing of benefits under any Engine Gaming Benefit Plan; or (iii) cause or result in an increase in the liabilities of Engine Gaming or GameSquare or any of their respective Subsidiaries to any third Person on account of matters relating to compensation or benefits in respect of any former or current employee, officer or director of Engine Gaming or any of the Engine Gaming Subsidiaries. (d) No Engine Gaming Benefit Plan provides for payments or benefits in connection with the transactions contemplated by this Agreement that, individually or in the aggregate, would reasonably be expected to give rise to the payment of any amount that would result in a loss of tax deductions pursuant to Section 280G of the Code.
Appears in 2 contracts
Samples: Arrangement Agreement (Engine Gaming & Media, Inc.), Arrangement Agreement (GameSquare Esports Inc)
Employee and Labour Matters; Benefit Plans. (a) Section (12)(a) of the Engine Gaming GameSquare Disclosure Letter lists as at the date of this Agreement (i) all material pension, savings, retirement savings, bonus, retention bonus, commission, stock option, stock purchase, restricted stock, stock appreciation, stock incentive, deferred compensation, incentive compensation, salary continuation, vacation, supplemental unemployment benefits, education assistance, profit-sharing, mortgage assistance, employee loan, employee assistance and supplemental retirement plans (including any group registered retirement savings plan), retiree plans, programs or other retiree coverage or arrangements, fringe benefit and other benefit plans, programs, Contracts, coverage, arrangements or policies and (ivii) any material employment, executive compensation, change in control, severance pay, or termination pay plans, programs, Contracts, arrangements or policies, in each case, that is sponsored, contributed to, required to be contributed to or maintained by Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries or as to which Engine Gaming GameSquare or an Engine Gaming a GameSquare Subsidiary has any liability or contingent liability, in each case for the benefit of, or relating to, any former or current employee, officer or director of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries or as to which Engine Gaming GameSquare or any Engine Gaming GameSquare Subsidiary has any material liability (all such plans, programs, Contracts or policies as described in this Section (12)(a), shall be collectively referred to in this Section (12) 12 of Schedule “D” as the “Engine Gaming GameSquare Benefit Plans”) except that the term Engine Gaming GameSquare Benefit Plan shall not include any statutory plans with which the Engine Gaming GameSquare is required to comply, including the Canada/Quebec Pension Plan and plans administered pursuant to applicable health tax, workers’ compensation and workers’ safety and employment insurance legislation. Engine Gaming GameSquare has made available to GameSquareEngine Gaming, true and complete copies of the documents establishing the current terms for each written material Engine Gaming GameSquare Benefit Plan, including all amendments and past versions of such documents that continue to be relevant with respect to any participants.
(b) None of the Engine Gaming GameSquare Benefit Plans promises or provides post-termination or retiree benefits of any kind, including medical or life insurance benefits to any former or current employee of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries (other than continuation coverage to the extent required by Law); (ii) all of the Engine Gaming GameSquare Benefit Plans have been established, operated, administered, funded and maintained in all material respects in compliance with their terms, the terms of their trust or funding agreement, and all applicable Laws; (iii) all material contributions required to be made with respect to any Engine Gaming GameSquare Benefit Plan on or before the date hereof have been made; (iv) there are no pending or, to the Knowledge of Engine GamingGameSquare, threatened claims by, on behalf of or relating to any of the Engine Gaming GameSquare Benefit Plans or otherwise relating to an Engine Gaming a GameSquare Benefit Plan (other than routine claims for benefits) and Engine Gaming GameSquare is not aware of any state of facts which could reasonably be expected to provide a valid basis for any of the foregoing, nor, to the knowledge of Engine GamingGameSquare, are any of the foregoing or any regulatory investigation, examination or audit pending or threatened; and (v) current enrollment in Engine Gaming no GameSquare Benefit Plans are individuals Plan is maintained for the benefit of employees, directors, or other individual service providers who work primarily outside of Canada.
(c) Other than as set out in Section (12)(c12(c) of the Engine Gaming GameSquare Disclosure Letter, the execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement will not (either solely as a result thereof or as a result of such transactions in conjunction with another event) (i) automatically cause or result in an increase in the amount of compensation or benefits or timing of vesting or payment of any benefits or compensation payable in respect of any former or current employee, officer or director of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries; (ii) require the funding or securing of benefits under any Engine Gaming GameSquare Benefit Plan; Plan or (iii) cause or result in an increase in the liabilities of Engine Gaming or GameSquare or any of their respective Subsidiaries to any third Person on account of matters relating to compensation or benefits in respect of any former or current employee, officer or director of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries.
(d) No Engine Gaming GameSquare Benefit Plan provides for payments or benefits in connection with the transactions contemplated by this Agreement that, individually or in the aggregate, would reasonably be expected to give rise to the payment of any amount that would result in a loss of tax deductions pursuant to Section 280G of the Code.
(e) No GameSquare Benefit Plan is a “pension plan” as defined under the Tax Act or any pension legislation in any Canadian jurisdiction.
(f) There are no participating employers in any GameSquare Benefit Plan other than GameSquare and the GameSquare Subsidiaries.
(g) Neither GameSquare or any of the GameSquare Subsidiaries is party to or is otherwise bound to or is in the process of negotiating any labour agreements, collective bargaining agreements and any other labour-related agreements or arrangements with any union or other labour organization (collectively, “Labour Agreements”). Neither GameSquare nor any of the GameSquare Subsidiaries has any unions, employee representative bodies or other labour organizations which, to the Knowledge of GameSquare, represent any employees of GameSquare or any of the GameSquare Subsidiaries.
(h) There is not now in existence, nor has there been since one (1) year prior to the date of this Agreement, any pending or, to the Knowledge of GameSquare, written threat of any: (i) strike, slowdown, stoppage, picketing or lockout against or affecting GameSquare or any of the GameSquare Subsidiaries; or (ii) labour-related demand for representation. There is not now in existence any pending or, to the Knowledge of GameSquare, threatened Action alleging or involving any violation of any employment-related, labour-related or benefits-related Law against, in respect of or relating to GameSquare, any of the GameSquare Subsidiaries or any GameSquare Benefit Plan, including claims arising under any such Law by any independent contractor or leased personnel; in each case except for such Actions that have not had and would not reasonably be expected to have, individually or in the aggregate, a GameSquare Material Adverse Effect.
(i) To the Knowledge of GameSquare, no current or former employee of GameSquare or any of the GameSquare Subsidiaries at the level of Director or above is in violation in any material respect, or has threatened a violation in any material respect, of any term or provision of any employment Contract, Labour Agreement, confidentiality or other proprietary information disclosure Contract arising out of or relating to such Person’s current or former employment or engagement by GameSquare or any of the GameSquare Subsidiaries.
(j) To the Knowledge of GameSquare, none of GameSquare’s or the GameSquare Subsidiaries’ employment, labour, benefits or other policies or practices applicable to any current or former employee, independent contractor or leased personnel of GameSquare or any of the GameSquare Subsidiaries are currently being audited or investigated by any Governmental Entity.
(k) None of GameSquare or any of the GameSquare Subsidiaries is party to a settlement agreement with a current or former officer, employee or independent contractor of GameSquare or any of the GameSquare Subsidiaries that involves allegations relating to sexual harassment by an officer or employee of GameSquare or any of the GameSquare Subsidiaries at the level of Chief Operating Officer or above. To the Knowledge of GameSquare, in the last five (5) years, no allegations of sexual harassment have been made against any officer or employee of GameSquare or the GameSquare Subsidiaries at a level of Chief Operating Officer or above.
(l) To the Knowledge of GameSquare, each Person who is currently providing services to GameSquare or any of the GameSquare Subsidiaries, or who previously provided services to GameSquare or any of the GameSquare Subsidiaries, as an independent contractor or consultant is or was properly classified and properly treated as an independent contractor or consultant by GameSquare or the GameSquare Subsidiaries. To the Knowledge of GameSquare, each Person who is currently providing services to GameSquare or any of the GameSquare Subsidiaries through a third-party service provider, or who previously provided services to GameSquare or any of the GameSquare Subsidiaries through a third-party service provider, is not or was not an employee of GameSquare or any of the GameSquare Subsidiaries. Neither GameSquare nor any of the GameSquare Subsidiaries has a single employer, joint employer, alter ego or similar relationship with any other company.
(m) GameSquare and the GameSquare Subsidiaries have not engaged in layoffs, furloughs or employment terminations, whether temporary or permanent, since January 1, 2021, through the date hereof. GameSquare and the GameSquare Subsidiaries have no plans to engage in any layoffs, furloughs or employment terminations, whether temporary or permanent, within the next six months.
(n) Except as provided in Section (12)(n) of the GameSquare Disclosure Letter, neither GameSquare nor any of the GameSquare Subsidiaries has applied for a loan under the Canada Emergency Business Account (CEBA) program. GameSquare and the GameSquare Subsidiaries have complied in all material respects as applicable with the requirements of any applicable federal, provincial or local stay-at-home orders (i.e., directives that order residents to stay at home unless performing certain essential activities).
Appears in 2 contracts
Samples: Arrangement Agreement (Engine Gaming & Media, Inc.), Arrangement Agreement (GameSquare Esports Inc)
Employee and Labour Matters; Benefit Plans. (a) Section (12)(a) of the Engine Gaming GameSquare Disclosure Letter lists as at the date of this Agreement (i) all material pension, savings, retirement savings, bonus, retention bonus, commission, stock option, stock purchase, restricted stock, stock appreciation, stock incentive, deferred compensation, incentive compensation, salary continuation, vacation, supplemental unemployment benefits, education assistance, profit-sharing, mortgage assistance, employee loan, employee assistance and supplemental retirement plans (including any group registered retirement savings plan), retiree plans, programs or other retiree coverage or arrangements, fringe benefit and other benefit plans, programs, Contracts, coverage, arrangements or policies and (ivii) any material employment, executive compensation, change in control, severance pay, or termination pay plans, programs, Contracts, arrangements or policies, in each case, that is sponsored, contributed to, required to be contributed to or maintained by Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries or as to which Engine Gaming GameSquare or an Engine Gaming a GameSquare Subsidiary has any liability or contingent liability, in each case for the benefit of, or relating to, any former or current employee, officer or director of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries or as to which Engine Gaming GameSquare or any Engine Gaming GameSquare Subsidiary has any material liability (all such plans, programs, Contracts or policies as described in this Section (12)(a), shall be collectively referred to in this Section (12) 12 of Schedule “D” as the “Engine Gaming GameSquare Benefit Plans”) except that the term Engine Gaming GameSquare Benefit Plan shall not include any statutory plans with which the Engine Gaming GameSquare is required to comply, including the Canada/Quebec Pension Plan and plans administered pursuant to applicable health tax, workers’ compensation and workers’ safety and employment insurance legislation. Engine Gaming GameSquare has made available to GameSquareEngine Gaming, true and complete copies of the documents establishing the current terms for each written material Engine Gaming GameSquare Benefit Plan, including all amendments and past versions of such documents that continue to be relevant with respect to any participants.
(b) None of the Engine Gaming GameSquare Benefit Plans promises or provides post-termination or retiree benefits of any kind, including medical or life insurance benefits to any former or current employee of Engine Gaming GameSquare or any of the Engine Gaming GameSquare Subsidiaries (other than continuation coverage to the extent required by Law); (ii) all of the Engine Gaming GameSquare Benefit Plans have been established, operated, administered, funded and maintained in all material respects in compliance with their terms, the terms of their trust or funding agreement, and all applicable Laws; (iii) all material contributions required to be made with respect to any Engine Gaming Benefit Plan on or before the date hereof have been made; (iv) there are no pending or, to the Knowledge of Engine Gaming, threatened claims by, on behalf of or relating to any of the Engine Gaming Benefit Plans or otherwise relating to an Engine Gaming Benefit Plan (other than routine claims for benefits) and Engine Gaming is not aware of any state of facts which could reasonably be expected to provide a valid basis for any of the foregoing, nor, to the knowledge of Engine Gaming, are any of the foregoing or any regulatory investigation, examination or audit pending or threatened; and (v) current enrollment in Engine Gaming Benefit Plans are individuals who work primarily outside of Canada.
(c) Other than as set out in Section (12)(c) of the Engine Gaming Disclosure Letter, the execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement will not (either solely as a result thereof or as a result of such transactions in conjunction with another event) (i) automatically cause or result in an increase in the amount of compensation or benefits or timing of vesting or payment of any benefits or compensation payable in respect of any former or current employee, officer or director of Engine Gaming or any of the Engine Gaming Subsidiaries; (ii) require the funding or securing of benefits under any Engine Gaming Benefit Plan; or (iii) cause or result in an increase in the liabilities of Engine Gaming or GameSquare or any of their respective Subsidiaries to any third Person on account of matters relating to compensation or benefits in respect of any former or current employee, officer or director of Engine Gaming or any of the Engine Gaming Subsidiaries.
(d) No Engine Gaming Benefit Plan provides for payments or benefits in connection with the transactions contemplated by this Agreement that, individually or in the aggregate, would reasonably be expected to give rise to the payment of any amount that would result in a loss of tax deductions pursuant to Section 280G of the Code.;
Appears in 1 contract
Samples: Arrangement Agreement
Employee and Labour Matters; Benefit Plans. (a) Section (12)(a) of the Engine Gaming EHT Disclosure Letter lists as at the date of this Agreement (i) all material pension, savings, retirement savings, bonus, retention bonus, commission, stock option, stock purchase, restricted stock, stock appreciation, stock incentive, deferred compensation, incentive compensation, salary continuation, vacation, supplemental unemployment benefits, education assistance, profit-sharing, mortgage assistance, employee loan, employee assistance and supplemental retirement plans (including any group registered retirement savings plan), retiree plans, programs or other retiree coverage or arrangements, fringe benefit and other benefit plans, programs, Contracts, coverage, arrangements or policies and (ivii) any material employment, executive compensation, change in control, severance pay, or termination pay plans, programs, Contracts, arrangements or policies, in each case, that is sponsored, contributed to, required to be contributed to or maintained by Engine Gaming EHT or any of the Engine Gaming EHT Subsidiaries or as to which Engine Gaming EHT or an Engine Gaming EHT Subsidiary has any liability or contingent liability, in each case for the benefit of, or relating to, any former or current employee, officer or director of Engine Gaming EHT or any of the Engine Gaming EHT Subsidiaries or as to which Engine Gaming EHT or any Engine Gaming EHT Subsidiary has any 328972.00001/116443569.20 material liability (all such plans, programs, Contracts or policies as described in this Section (12)(a), shall be collectively referred to in this Section (12) of Schedule “E” as the “Engine Gaming EHT Benefit Plans”) except that the term Engine Gaming EHT Benefit Plan shall not include any statutory plans with which the Engine Gaming EHT is required to comply, including the Canada/Quebec Pension Plan and plans administered pursuant to applicable health tax, workers’ compensation and workers’ safety and employment insurance legislation. Engine Gaming EHT has made available to GameSquareSKYE, true and complete copies of the documents establishing the current terms for each written material Engine Gaming EHT Benefit Plan, including all amendments and past versions of such documents that continue to be relevant with respect to any participants.
(b) None of the Engine Gaming EHT Benefit Plans promises or provides post-termination or retiree benefits of any kind, including medical or life insurance benefits to any former or current employee of Engine Gaming EHT or any of the Engine Gaming EHT Subsidiaries (other than continuation coverage to the extent required by Law); (ii) all of the Engine Gaming EHT Benefit Plans have been established, operated, administered, funded and maintained in all material respects in compliance with their terms, the terms of their trust or funding agreement, and all applicable Laws; (iii) all material contributions required to be made with respect to any Engine Gaming EHT Benefit Plan on or before the date hereof have been made; (iv) there are no pending or, to the Knowledge of Engine GamingEHT, threatened claims by, on behalf of or relating to any of the Engine Gaming EHT Benefit Plans or otherwise relating to an Engine Gaming EHT Benefit Plan (other than routine claims for benefits) and Engine Gaming EHT is not aware of any state of facts which could reasonably be expected to provide a valid basis for any of the foregoing, nor, to the knowledge of Engine GamingEHT, are any of the foregoing or any regulatory investigation, examination or audit pending or threatened; and (v) current enrollment in Engine Gaming no EHT Benefit Plans are individuals Plan is maintained for the benefit of employees, directors, or other individual service providers who work primarily outside of Canada.
(c) Other than as set out in Section (12)(c12(c) of the Engine Gaming EHT Disclosure LetterSchedule, the execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement will not (either solely as a result thereof or as a result of such transactions in conjunction with another event) (i) automatically cause or result in an increase in the amount of compensation or benefits or timing of vesting or payment of any benefits or compensation payable in respect of any former or current employee, officer or director of Engine Gaming EHT or any of the Engine Gaming EHT Subsidiaries; (ii) require the funding or securing of benefits under any Engine Gaming EHT Benefit Plan; Plan or (iii) cause or result in an increase in the liabilities of Engine Gaming SKYE or GameSquare EHT or any of their respective Subsidiaries to any third Person on account of matters relating to compensation or benefits in respect of any former or current employee, officer or director of Engine Gaming EHT or any of the Engine Gaming EHT Subsidiaries.
(d) No Engine Gaming EHT Benefit Plan provides for payments or benefits in connection with the transactions contemplated by this Agreement that, individually or in the aggregate, would reasonably be expected to give rise to the payment of any amount that would result in a loss of tax deductions pursuant to Section 280G of the Code.
(e) No EHT Benefit Plan is a “pension plan” as defined under the Tax Act or any pension legislation in any Canadian jurisdiction.
(f) There are no participating employers in any EHT Benefit Plan other than EHT and the EHT Subsidiaries.
(g) Neither EHT or any of the EHT Subsidiaries is party to or is otherwise bound to or is in the process of negotiating any labour agreements, collective bargaining agreements and any other labour-related agreements or arrangements with any union or other labour organization (collectively, “Labour Agreements”). Neither EHT nor any of the EHT Subsidiaries has any unions, employee representative bodies or other labour organizations which, to the Knowledge of EHT, represent any employees of EHT or any of the EHT Subsidiaries. 328972.00001/116443569.20
(h) There is not now in existence, nor has there been since one (1) year prior to the date of this Agreement, any pending or, to the Knowledge of EHT, written threat of any: (i) strike, slowdown, stoppage, picketing or lockout against or affecting EHT or any of the EHT Subsidiaries; or (ii) labour-related demand for representation. There is not now in existence any pending or, to the Knowledge of EHT, threatened Action alleging or involving any violation of any employment-related, labour-related or benefits-related Law against, in respect of or relating to EHT, any of the EHT Subsidiaries or any EHT Benefit Plan, including claims arising under any such Law by any independent contractor or leased personnel; in each case except for such Actions that have not had and would not reasonably be expected to have, individually or in the aggregate, an EHT Material Adverse Effect.
(i) To the Knowledge of EHT, no current or former employee of EHT or any of the EHT Subsidiaries at the level of Chief Operating Officer or above is in violation in any material respect, or has threatened a violation in any material respect, of any term or provision of any employment Contract, Labour Agreement, confidentiality or other proprietary information disclosure Contract arising out of or relating to such Person’s current or former employment or engagement by EHT or any of the EHT Subsidiaries.
(j) To the Knowledge of EHT, none of EHT’s or the EHT Subsidiaries’ employment, labour, benefits or other policies or practices applicable to any current or former employee, independent contractor or leased personnel of EHT or any of the EHT Subsidiaries are currently being audited or investigated by any Governmental Entity.
(k) None of EHT or any of the EHT Subsidiaries is party to a settlement agreement with a current or former officer, employee or independent contractor of EHT or any of the EHT Subsidiaries that involves allegations relating to sexual harassment by an officer or employee of EHT or any of the EHT Subsidiaries at the level of Chief Operating Officer or above. To the Knowledge of EHT, in the last five (5) years, no allegations of sexual harassment have been made against any officer or employee of EHT or the EHT Subsidiaries at a level of Chief Operating Officer or above.
(l) To the Knowledge of EHT, each Person who is currently providing services to EHT or any of the EHT Subsidiaries, or who previously provided services to EHT or any of the EHT Subsidiaries, as an independent contractor or consultant is or was properly classified and properly treated as an independent contractor or consultant by EHT or the EHT Subsidiaries. Each individual who is currently providing services to EHT or any of the EHT Subsidiaries through a third-party service provider, or who previously provided services to EHT or any of the EHT Subsidiaries through a third-party service provider, is not or was not an employee of EHT or any of the EHT Subsidiaries. None of EHT or any of the EHT Subsidiaries has a single employer, joint employer, alter ego or similar relationship with any other company.
(m) Other than in connection with the EHT Realization Process, EHT and the EHT Subsidiaries have not engaged in layoffs, furloughs or employment terminations, whether temporary or permanent, since January 1, 2021, through the date hereof. EHT and the EHT Subsidiaries have no plans to engage in any layoffs, furloughs or employment terminations, whether temporary or permanent, within the next six months.
(n) Except as provided in Section (12)(n) of the EHT Disclosure Letter, neither EHT nor any of the EHT Subsidiaries has applied for a loan under the Canada Emergency Business Account (CEBA) program. EHT and the EHT Subsidiaries have complied in all material respects as applicable with the requirements of any applicable federal, provincial or local stay-at-home orders (i.e., directives that order residents to stay at home unless performing certain essential activities). 328972.00001/116443569.20
Appears in 1 contract
