Common use of Employee Relations and Benefits Clause in Contracts

Employee Relations and Benefits. (a) Employees of the Company immediately before the Effective Time shall become employees of the Surviving Corporation at the Effective Time (“Transferred Employees”). For a period from the Closing Date to December 31, 2007, Buyer shall cause the Surviving Corporation to provide employee benefits to the Transferred Employees that are comparable to the types of employee benefits provided by the Company to its active employees immediately prior to the Closing Date. Each plan, program, policy, and arrangement covering employees of the Surviving Corporation shall credit each Transferred Employee’s length of service with the Company for purposes of determining eligibility to participate and vesting (but not for benefits accrual). To the extent any Transferred Employee has satisfied any deductible or co-payments under a Benefit Plan for the current plan year, such Transferred Employee shall be credited for such payment under the employee benefit plan, program, policy, or arrangement of Buyer or the Surviving Corporation, if any, that most closely resembles the Benefit Plan under which the deductible or co-payment was paid. (b) Buyer shall ensure that the Surviving Corporation shall recognize vested but unused paid vacation and other paid leave accrued by a Transferred Employee as of the Effective Time in accordance with the Company’s current policies. Prior to the Effective Time, the Company shall confirm in writing to Buyer the amount of accrued and unpaid days of vacation and other paid leave applicable to such Transferred Employee. (c) Buyer, Merger Sub, and the Company do not intend this Agreement to create any rights or interests, except as among Buyer, Merger Sub, and the Company, and no present, former or future employee of Buyer, Merger Sub, or the Company shall be treated as a third party beneficiary by, in or under this Agreement or any related document

Employee Relations and Benefits. (a) Employees of the Company immediately before the Effective Time shall become employees of the Surviving Corporation at the Effective Time (“Transferred Employees”). For a period from the Closing Date to December 31, 2007, Buyer shall cause the Surviving Corporation to provide employee benefits to the Transferred Employees that are comparable to the types of employee benefits provided by the Company to its active employees immediately prior to the Closing Date. Each plan, program, policy, and arrangement covering employees of the Surviving Corporation shall credit each Transferred Employee’s length of service with the Company for purposes of determining eligibility to participate and vesting (but not for benefits accrual). To the extent any Transferred Employee has satisfied any deductible or co-payments under a Benefit Plan for the current plan year, such Transferred Employee shall be credited for such payment under the employee benefit plan, program, policy, or arrangement of Buyer or the Surviving Corporation, if any, that most closely resembles the Benefit Plan under which the deductible or co-payment was paid. (b) Buyer shall ensure that the Surviving Corporation shall recognize vested but unused paid vacation and other paid leave accrued by a Transferred Employee as of the Effective Time in accordance with the Company’s current policies. Prior to the Effective Time, the Company shall confirm in writing to Buyer the amount of accrued and unpaid days of vacation and other paid leave applicable to such Transferred Employee. (c) Buyer, Merger Sub, and the Company do not intend this Agreement to create any rights or interests, except as among Buyer, Merger Sub, and the Company, and no present, former or future employee of Buyer, Merger Sub, or the Company shall be treated as a third party beneficiary by, in or under this Agreement or any related document.

Employee Relations and Benefits. (a) Employees of the Company immediately before the Effective Time shall become employees of the Surviving Corporation at the Effective Time (“Transferred Employees”). For a period from the Closing Date to December 31, 2007, Buyer shall cause the Surviving Corporation to provide employee benefits to the Transferred Employees that are comparable to the types of employee benefits provided by the Company to its active employees immediately prior to the Closing Date. Each plan, program, policy, and arrangement covering employees of the Surviving Corporation shall credit each Transferred Employee’s length of service with the Company for purposes of determining eligibility to participate and vesting (but not for benefits benefit accrual). To the extent any Transferred Employee has satisfied any deductible or co-payments Table of Contents under a Benefit Plan for the current plan year, such Transferred Employee shall be credited for such payment under the employee benefit plan, program, policy, or arrangement of Buyer or the Surviving Corporation, if any, that most closely resembles the Benefit Plan under which the deductible or co-payment was paid. (b) Buyer shall ensure that the Surviving Corporation shall recognize vested but unused paid vacation and other paid leave time off accrued by a Transferred Employee as of the Effective Time in accordance with the Company’s current policies. Prior to the Effective Time, the Company shall confirm in writing to Buyer the amount of accrued and unpaid days of vacation and other paid leave time off applicable to such Transferred Employee. (c) Buyer, Merger Sub, and the Company do not intend this Agreement to create any rights or interests, except as among Buyer, Merger Sub, and the Company, and no present, former or future employee of Buyer, Merger Sub, or the Company shall be treated as a third party beneficiary by, in or under this Agreement or any related document.

Employee Relations and Benefits. (a) Employees of the Company immediately before the Effective Time shall become employees of the Surviving Corporation at the Effective Time (“"Transferred Employees”"). For a period from the Closing Date to December 31, 2007, Buyer shall cause the Surviving Corporation to provide employee benefits to the Transferred Employees that are comparable to the types of employee benefits provided by the Company to its active employees immediately prior to the Closing Date. Each plan, program, policy, and arrangement covering employees of the Surviving Corporation shall credit each Transferred Employee’s 's length of service with the Company for purposes of determining eligibility to participate and vesting (but not for benefits accrual). To the extent any Transferred Employee has satisfied any deductible or co-payments under a Benefit Plan for the current plan year, such Transferred Employee shall be credited for such payment under the employee benefit plan, program, policy, or arrangement of Buyer or the Surviving Corporation, if any, that most closely resembles the Benefit Plan under which the deductible or co-payment was paid. (b) Buyer shall ensure that the Surviving Corporation shall recognize vested but unused paid vacation and other paid leave accrued by a Transferred Employee as of the Effective Time in accordance with the Company’s 's current policies. Prior to the Effective Time, the Company shall confirm in writing to Buyer the amount of accrued and unpaid days of vacation and other paid leave applicable to such Transferred Employee. (c) Buyer, Merger Sub, and the Company do not intend this Agreement to create any rights or interests, except as among Buyer, Merger Sub, and the Company, and no present, former or future employee of Buyer, Merger Sub, or the Company shall be treated as a third party beneficiary by, in or under this Agreement or any related document.