Employees; ERISA. The Company and its Subsidiaries have good relationships with its employees and, since September 30, 2015, have not had any labor issues which have has a MaterialAdverse Effect on their business or operations. There is no strike or work stoppage existing or, to the knowledge of the Company threatened against the Company or the Subsidiaries. Other than as disclosed in any Exchange Act Report, the Company and the Subsidiaries have not established, sponsored, maintained, made any contributions to or been obligated by law to establish, maintain, sponsor or make any contributions to any “employee pension benefit plan” or any material “employee welfare benefit plan” (as such terms are defined in the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)), including, without limitation, any “multi-employer plan,” except where the liabilities associated with such plan or plans would not have a Material Adverse Effect. The Company and the Subsidiaries are in compliance with all applicable laws relating to the employment of labor, including bargaining and the payment of social security and other taxes, and with ERISA, except where the failure to so comply would not have a Material Adverse Effect.
Employees; ERISA. Each of the Issuer Parties will not maintain any employees or maintain any Plan or incur or suffer to exist any obligations to make any contribution to a Multiemployer Plan.
Employees; ERISA. The Company has good relationships with its employees and has not had and does not expect to have any substantial labor problems. The Company does not have any knowledge as to any intentions of any key employee or any group of employees to leave the employ of the Company. Each of the officers of the Company, each key employee and each other employee now employed by the Company who has access to proprietary business information of the Company has executed a confidentiality and non-disclosure agreement and such agreements are in full force and effect. Other than the Company's Simplified Employee Pension Plan adopted in April 1992, the Company has not established, sponsored, maintained, made any contributions to or been obligated by law to establish, maintain, sponsor or make any contributions to any "employee pension benefit plan" or "employee welfare benefit plan" (as such terms are defined in ERISA), including, without limitation, any "multi-employer plan". The Company has complied in all material respects with all applicable laws relating to the employment of labor, including provisions relating to wages, hours, equal opportunity, collective bargaining and the payment of Social Security and other taxes, and with ERISA.
Employees; ERISA. Upon delivery by Buyer of the Deposit, Seller shall deliver to Buyer a complete list of the names of all officers, directors, and employees of Seller, together with the date of hire of each of such persons and the annual or hourly rate of compensation, the job title, job description, job classification, and benefit plan participation of each of such persons on the date of this Agreement. Seller has previously delivered to Buyer true and correct copies of the following items: (a) all profit-sharing, deferred-compensation, bonus, commission, pension, retirement, welfare or incentive plan or contract to which Seller is a party or by which Seller is bound; (b) written or other formal personnel policies; and (c) plans or agreements under which fringe benefits, including, without limitation, vacation plans or programs, sick leave plans, hospitalization or other medical insurance plans or programs and related benefits afforded to any of Seller’s employees (all of such plans and agreements described in the immediately preceding clauses (a), (b) and (c), collectively “Employee Benefit Programs”). Seller is, and on the Closing Date Seller shall have been, in material compliance with all federal and state laws, rules and regulations respecting employment and employment practices, terms and conditions of employment and wages and hours, and Seller is not, and on the Closing Date Seller shall not have been, engaged in any unfair labor practice, provided that Buyer acknowledges that Seller has a number of litigation matters (listed on Schedule 5.5) in which one or more employees have alleged that Seller has engaged in unfair labor practices.
Employees; ERISA. The Company, the Operating Partnership and the Subsidiaries have good relationships with their employees and have not had any substantial labor problems that would reasonably be expected to have a Material Adverse Effect. There is no strike or work stoppage existing or, to the knowledge of the Company and the Operating Partnership, threatened against the Company, the Operating Partnership or the Subsidiaries. The Company and the Operating Partnership do not have any knowledge as to any intentions of any key employee or any group of employees to leave the employ of the Company, the Operating Partnership or any Subsidiary where such departure would reasonably be expected to have a Material Adverse Effect. Other than as disclosed in any Exchange Act Report and on SCHEDULE 3.18 to the Disclosure Schedule, the Company, the Operating Partnership and the Subsidiaries have not established, sponsored, maintained, made any contributions to or been obligated by law to establish, maintain, sponsor or make any contributions to any "employee pension benefit plan" or any material "employee welfare benefit plan" (as such terms are defined in the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), including, without limitation, any "multi-employer plan," or any other program, plan, or policy which provided payouts, benefits or reimbursements to employees (collectively, "BENEFIT PLANS") except where the liabilities associated with such Benefit Plan or Plans would not reasonably be expected to have a Material Adverse Effect. The Company, the Operating Partnership, the Subsidiaries and each Benefit Plan are in compliance with all applicable laws relating to the employment of labor, including bargaining and the payment of social security and other taxes, and with ERISA, except where the failure to so comply would not reasonably be expected to have a Material Adverse Effect. There is no material suit, action, dispute, claim, arbitration, or legal, administrative or other proceeding or governmental investigation pending, or threatened, alleging any breach of the terms of any Benefit Plan or of any fiduciary duties thereunder or violation of any applicable statute, law, rule or regulation with respect to any Benefit Plan. No Benefit Plan is or has ever been subject to Title IV of ERISA or Section 412 of the Code.
Employees; ERISA. (a) Set forth in Exhibit 6.20 is an accurate and complete list of all bonus, deferred compensation, hospitalization or other medical, pension, life or other insurance, profit sharing, sick leave, vacation, post retirement health or life benefit, and any other employee benefit plans (as such term is defined in Section 3 of the Employee Retirement Insurance Security Act ("ERISA"), arrangement or practice, whether formal or informal, written or not, of Seller which relate to the Facilities or to any current or former employees at or of the Facilities (the "Plan" or "Plans"). Except as set forth in Exhibit 6.20 and except for stock purchase and stock options programs administered by Horizon and for which Purchaser shall have no liability after Closing, Seller has not made any commitment or representation to the current or former employees of the Facilities to establish any additional Plan, arrangement or practice or to modify or change any existing Plan, arrangement or practice. Exhibit 6.20 also lists by Facility all employees of the Facilities as of the date of this Agreement together with their positions and rates of pay and earned and accrued vacation time, sick leave and holiday pay as the date specified therein, which date shall be the most recent date to which such information is available to Seller.
(b) Set forth in Exhibit 6.20 is a true and correct copy of all employment contracts between Seller and any employee of the Facilities. Except as otherwise set forth in Exhibit 6.20 all such contracts are terminable by Seller prior to the Closing Date and, in the case of those contracts listed in Exhibit 6.20A, will be terminated by Seller prior to the Closing Date if so requested by Purchaser.
Employees; ERISA. Neither the Company nor the Operating Partnership have any employees. Other than as disclosed in the Disclosure Documents, neither the Company nor the Operating Partnership has established, sponsored, maintained, made any contributions to or been obligated by law to establish, maintain, sponsor or make any contributions to any "employee pension benefit plan" or "employee welfare benefit plan" (as such terms are defined in ERISA), including, without limitation, any "multi-employer plan." To the Company's knowledge, Westfield Corporation, Inc. (the "MANAGER") has good relationships with its employees and has had no substantial labor problems, the Manager has no knowledge of any intentions of any of its key employees, or any significant group of employees, to leave its employ and the Manager is in compliance with all applicable laws relating to the employment of labor, including provisions relating to wages, hours, equal opportunity, collective bargaining and the payment of Social Security and other taxes, and with ERISA, except where the failure to so comply would not have a Material Adverse Effect.
Employees; ERISA. There is no strike or work stoppage existing or, to the knowledge of the Company, threatened against the Company or its Subsidiaries. The Company does not have any knowledge as to any intentions of any key employee or any group of employees to leave the employ of the Company where such departure would have a Material Adverse Effect. The Company is in compliance with all applicable laws relating to the employment of labor, including provisions relating to wages, hours, equal opportunity, collective bargaining and the payment of Social Security and other taxes, and with ERISA, except where the failure to so comply would not have a Material Adverse Effect.
Employees; ERISA. The Company does not currently have, nor has it ever had, any employees. Neither the Company nor any ERISA Affiliate has established or currently maintains an “employee benefit plan” (within the meaning of Section 3(3) of ERISA) (an “Employee Benefit Plan”) covering the Company, nor has any such Employee Benefit Plan ever been maintained. The Company does not currently have any obligation, contractual or otherwise, to contribute to any Employee Benefit Plan.
Employees; ERISA. No Borrower has any employees.
