Employment and Benefits Matters. (a) The Company has delivered to HSE a complete and accurate list of all the employees of the Company and all of its the Independent Contractors, specifying whether they are employees of the Company or Independent Contractors thereof, their position, the entity by which they are employed or to which they provide services, annual salary, hourly wages or consulting or other independent contractor fees, as applicable, and bonus opportunities, date of hire (or date of engagement as an Independent Contractor), work location, length of service, together with a notation next to the name of any Person on such lists who is subject to any Employment Agreement or Collective Bargaining Agreement with the Company.
Employment and Benefits Matters. (a) ETP has delivered to OGE a letter dated the Execution Date and delivered from ETP to OGE on the Execution Date sets forth complete and accurate lists of all the ETIH Related Employees and all the ETIH Independent Contractors, specifying whether they are ETIH Related Employees or ETIH Independent Contractors, their position, the entity by which they are employed or to which they provide services, annual salary, hourly wages or consulting or other independent contractor fees, as applicable, and bonus opportunities, date of hire (or entry into an independent contractor agreement), work location, length of service, together with a notation next to the name of any employee or independent contractor on such lists who is subject to any Employment Agreement or Collective Bargaining Agreement.
Employment and Benefits Matters. None of the Contributed Entities has any employees. None of the Contributed Entities’ sponsors, maintains or contributes to any Employee Benefit Plan and none of the Contributed Entities has any liability pursuant to Title IV of ERISA (including due to its status as a member of the same “controlled group” as another entity pursuant to Section 4001(a)(4) of ERISA). Except as would not be material to the Contributed Entities, taken as a whole, each of the Contributed Entities has correctly classified those individuals performing services for such Contributed Entity as leased employees, independent contractors or agents and has no liability with respect to any misclassification of a person performing services for such Contributed Entity as a leased employee rather than a common-law employee or as an independent contractor rather than as an employee.
Employment and Benefits Matters. (a) Parent hereby acknowledges that a “change of control” (or similar phrase) within the meaning of the Benefit Plans, as applicable, will occur at or prior to the Effective Time, as applicable.
Employment and Benefits Matters. (a) Schedule 3.16 sets forth a true and complete list of all full-time and part-time employees of Company as of the date hereof and their positions. True and complete information concerning the respective salaries, wages, bonuses and other compensation paid or payable by Company with respect to 2012 as well as dates of employment and date and amount of the last salary increase has been made available to Buyer. Except as set forth on such Schedule, no employee is absent on military, family, disability or other extended leave of absence. Company is not delinquent in payments to any employees for any wages, salaries, commissions, bonuses or other direct compensation for any services performed by them. No strikes, grievances, work stoppages, slow-downs, lockouts or claims of unfair labor practices are pending or, to the Knowledge of Sellers, threatened, against Company. No employees of Company are covered by a collective bargaining agreement. To the Knowledge of Sellers, (i) there are no organizing activities involving Company pending with any labor organization or group of employees of Company, and (ii) no collective bargaining agreement is being or has been negotiated by Company.
Employment and Benefits Matters. (a) SemStream has made available to NGL Subsidiary a complete and accurate list of all the Related Employees and all the Independent Contractors, specifying whether they are Related Employees or Independent Contractors thereof, their position, the entity by which they are employed or to which they provide services, annual salary, hourly wages or consulting or other independent contractor fees, as applicable, and bonus opportunities, date of hire (or entry into an independent contractor agreement), work location, length of service, together with a notation next to the name of any Person on such lists who is subject to any Employment Agreement or Collective Bargaining Agreement with SemStream.
Employment and Benefits Matters. The Related Employers shall have provided all applicable notices to or negotiations with employees in connection with plant closings, “close shop” rules, workers’ councils, and under similar federal, state, local, or foreign regulations and taken all actions necessary to effectuate the termination immediately before the Closing of all Company Plans and Company Benefit Arrangements requested by the Buyer in writing at least ten (10) days before the Closing Date with no liability to the Buyer.
Employment and Benefits Matters. (a) Buyer or an Affiliate of Buyer may offer employment, effective as of the Closing Time, to the Identified Employees on such terms as Buyer or an Affiliate of Buyer shall determine in its sole discretion. Buyer shall provide written notice to Seller, at least ten (10) days prior to Closing, listing any Identified Employees that will be offered employment by Buyer or an Affiliate of Buyer. Except as would be prohibited by Law, Seller shall terminate the employment of all Identified Employees accepting employment with Buyer or an Affiliate of Buyer immediately prior to the Closing Time. Each Identified Employee who accepts an offer of employment from Buyer or an Affiliate of Buyer shall be deemed to be a hired employee on the day such employee commences active employment with Buyer or an Affiliate of Buyer (not earlier than the Closing Time).
Employment and Benefits Matters. (a) For a period beginning at the Effective Time and ending on the 12-month anniversary of the Effective Time (such period, the "Continuation Period"), the employees of the Company and its Subsidiaries who remain in the employment of Parent, the Surviving Corporation or any of their subsidiaries following the Effective Time (the "Company Employees") shall receive compensation and employee benefits that, in the aggregate, are substantially comparable to the employee benefits provided under the Company's employee benefit plans to such employees in accordance with their terms in effect immediately prior to the Effective Time; provided that neither Parent nor the Surviving Corporation nor any of their Subsidiaries shall have any obligation to issue or adopt any plans or arrangements providing for the issuance of shares of capital stock, warrants, options, stock appreciation rights or other rights in respect of any shares of capital stock of any entity or any securities convertible or exchangeable into such shares pursuant to any such plans or arrangements; provided further that no plans or arrangements of the Company or any of its Subsidiaries providing for such issuance shall be taken into account in determining whether employee benefits are substantially comparable in the aggregate. Following the Continuation Period, the Company Employees shall be entitled to participate in the employee benefit plans maintained by Parent and its Subsidiaries (including equity-based and equity-related plans) to the same extent as other similarly situated employees of Parent and its Subsidiaries.
Employment and Benefits Matters. (a) HSE has delivered to NGL a complete and accurate list of all the employees and all the Independent Contractors of the HSE Group Entities, specifying whether they are employees or Independent Contractors thereof, their position, the entity by which they are employed or to which they provide services, annual salary, hourly wages or consulting or other Independent Contractor fees, as applicable, and bonus opportunities, date of hire (or entry into an independent contractor agreement), work location, length of service, together with a notation next to the name of any Person on such lists who is subject to any Employment Agreement or Collective Bargaining Agreement with any HSE Group Entity.
