Common use of Employees and Labor Disputes Clause in Contracts

Employees and Labor Disputes. (i) Schedule 4(u) hereto contains a complete and correct list as of the date hereof of all persons who were employed by the Seller in the conduct of the Business as of April 16, 2003, together with separate line entries setting forth with respect to each such person their title, annual salary, and all severance obligations or termination payments payable to each such person. Other than as listed on Schedule 4(u), (x) there are no outstanding commitments (whether or not legally binding) to increase the remuneration of any employee listed on Schedule 4(u) and (y) there are no severance obligations or termination payments to such employees, and the Seller has not received any notice of termination from any of such persons, nor is Seller aware that any such employee intends to terminate his/her employment. (ii) There is no pending or to the Knowledge of the Seller, threatened labor dispute, strike, work stoppage or lockout involving employees of the Seller or against the Seller which affects or which may affect the Business or which may interfere with its continued operation. With respect to the Business, there are no existing unions in which any employee or the Seller is a member, and there are no union organization efforts relating to employees of the Seller or any representation question involving recognition as a collective bargaining agent for any employees of the Seller. There is not pending or, to the Seller's Knowledge, threatened any charge or complaint against the Seller by the National Labor Relations Board or any representative thereof. There have been no strikes, walkouts, work stoppages or lockouts involving employees of the Seller or against the Seller in the last five years. The Seller has no Knowledge of any facts indicating that any of the employees of the Seller intends to terminate his or her employment with the Seller or refuse to accept employment with the Purchaser, if offered. The Seller employs in the Business in the United States only U.S. citizens or U.S. residents who are in the United States in compliance with U.S. immigration laws and possess "green cards". The Seller is in compliance with all Laws respecting employment and employment practices, terms and conditions of employment, immigration laws and wages and hours.

Employees and Labor Disputes. (i) Schedule 4(u4(t) hereto contains a complete and correct list as of the date hereof of all persons who were are currently employed by the Seller in Sellers and consultants providing services to the conduct of the Business as of April 16, 2003Sellers, together with separate line entries setting forth with respect to each such person their title, annual salary, bonus and all severance obligations or termination payments payable to each such personother compensation. Other than as listed on Schedule 4(u), (x) there are There is no outstanding commitments commitment (whether or not legally binding) to increase the remuneration of any such employee listed on Schedule 4(u) and (y) there are no severance obligations or termination payments to such employees, and the Seller has Sellers have not received any notice of termination from any of such persons, nor is Seller aware that nor, to Sellers' Knowledge, does any such employee intends intend to terminate his/her employment. (ii) There is no neither pending or nor, to the Knowledge best of the SellerSellers' and Stockholder's Knowledge, threatened any labor dispute, strike, work stoppage or lockout involving employees of the Seller Sellers or against the Seller Sellers which affects or which may affect the Business or which may interfere with its any of their continued operation. With respect to the Business, there are no existing unions in which any employee or the Seller is a member, and there are no union organization efforts relating to employees of the Seller or any representation question involving recognition as a collective bargaining agent for any employees of the Selleroperations. There is not pending or, to the Sellerbest of the Sellers' and Stockholder's Knowledge, threatened any charge or complaint against the Seller Sellers by the National Labor Relations Board or any representative thereof. There have been no strikes, walkouts, work stoppages or lockouts involving employees of the Seller Sellers or against the Seller Sellers or in the last five years. The Seller has Sellers have no Knowledge of any facts indicating that (A) the consummation of any of the transactions contemplated by this Agreement will have a Material Adverse Effect on the labor relations of the Sellers, or (B) any of the employees of the Seller Sellers intends to terminate his or her employment with the Seller Sellers or refuse to accept employment with the Purchaser. To the Knowledge of the Sellers, if offered. The Seller employs the Sellers employ in the Business in the United States only U.S. citizens or U.S. residents who are in the United States in compliance with U.S. immigration laws and possess "green cards". The Seller is To the Knowledge of Sellers, the Sellers are in compliance with all Laws respecting employment and employment practices, terms and conditions of employment, immigration laws and wages and hours. No Continuing Employee has been offered employment by (A) the Sellers, the Stockholder or any of their Affiliates in a capacity other than in connection with the Sellers' Business, or (B) to the Knowledge of Sellers or Stockholder, any other Person, other than the Purchaser.

Employees and Labor Disputes. (i) Schedule 4(u4(s) hereto contains a complete and correct list as of the date hereof of all persons who were employed by the Seller in the conduct of the Business as of April 16October 31, 20032008, together with separate line entries setting forth with respect to each such person their title, title and annual salary, and all severance obligations or termination payments payable to each such person. Other than as listed on Schedule 4(u), (x) there are no outstanding commitments (whether or not legally binding) to increase the remuneration of any employee listed on Schedule 4(u) and (y) there are no severance obligations or termination payments to such employees, and the Seller has not received any notice of termination from any of such persons, nor is and Seller aware has no Knowledge that any such employee intends to terminate his/her employment. (ii) . There is no pending or to the Knowledge of the Seller, threatened labor dispute, strike, work stoppage or lockout involving employees of the Seller or against the Seller which affects or which may affect the Business or which may interfere with its continued operation. With respect to the Business, there are no existing unions in which any employee or the Seller is a member, and and, to the Seller’s Knowledge, there are no union organization efforts relating to employees of the Seller or any representation question involving recognition as a collective bargaining agent for any employees of the Seller. There is not pending or, to the Seller's ’s Knowledge, threatened any charge or complaint against the Seller by the National Labor Relations Board or any representative thereof. There have been no strikes, walkouts, work stoppages or lockouts involving employees of the Seller or against the Seller in the last five years. The Seller has no Knowledge of any facts indicating that any of the employees of the Seller intends to terminate his or her employment with the Seller or refuse to accept employment with the Purchaser, if offered. The Seller employs in the Business in the United States only U.S. citizens or U.S. residents who are in the United States in compliance with U.S. immigration laws and possess "green cards". The Seller is in compliance with all Laws respecting employment and employment practices, terms and conditions of employment, immigration laws and wages and hours.