Common use of Employment Matters; Employee Relations Clause in Contracts

Employment Matters; Employee Relations. Each of the 1st Financial Companies (a) has paid in full to, or accrued in accordance with GAAP on behalf of, all its directors, officers and employees all wages, salaries, commissions, bonuses, fees and other direct compensation for all labor or services performed by them to the date of this Agreement, and all vacation pay, sick pay, severance pay, overtime pay and other amounts for which it is obligated under applicable law or its existing agreements, benefit plans, policies or practices, and (b) is in compliance with all applicable federal, state and local laws, statutes, rules and regulations with regard to employment and employment practices, terms and conditions, wages and hours and other compensation matters, and no person has made any claim that any of the 1st Financial Companies is liable in any amount for any arrearage in wages or employment taxes or for any penalties for failure to comply with any of the foregoing. There is no action, suit or proceeding by any person pending or, to the Knowledge of 1st Financial, threatened against any of the 1st Financial Companies (or any of their officers, directors or employees), involving employment discrimination, sexual harassment, wrongful discharge or other claims involving their employment practices, and, to the Knowledge of 1st Financial, no facts or circumstances exist which reasonably could be expected to result in such. None of the 1st Financial Companies is a party to or bound by any collective bargaining agreement with any of its employees, any labor union or any other collective bargaining unit or organization. There is no pending or, to the Knowledge of 1st Financial, threatened labor dispute, work stoppage or strike involving any of the 1st Financial Companies and any of their employees, or any pending or, to the Knowledge of 1st Financial, threatened proceeding in which it is asserted that any of the 1st Financial Companies has committed an unfair labor practice; and to the Knowledge of 1st Financial, there is no activity involving any of the 1st Financial Companies or any of their employees seeking to certify a collective bargaining unit or engaging in any other labor organization activity.

Appears in 3 contracts

Samples: Agreement and Plan (1st Financial Services CORP), Plan of Merger (1st Financial Services CORP), Agreement and Plan of Merger

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Employment Matters; Employee Relations. Each of the 1st Financial Companies Seller (ai) has paid in full to, to or accrued in accordance with GAAP on behalf ofof all of its employees at the Branches all wages, salaries, commissions, bonuses, fees and other direct compensation for all its directorslabor or services rendered, officers and employees including all wages, salaries, commissions, bonuses, fees and other direct compensation for all labor or services performed by them to the date of this Agreement, and all vacation pay, sick pay, severance pay, overtime pay and other amounts for which it is obligated under applicable promised to the extent required by law or its existing agreements, benefit plans, policies or practices, and (bii) is in compliance in all material respects with all applicable federal, state and local laws, statutes, rules and regulations with regard to employment and employment practices, terms and conditions, and wages and hours and other compensation matters, ; and no person has made any claim has, to the Knowledge of Seller, asserted that any of the 1st Financial Companies Seller is liable in any amount for any arrearage arrearages in wages or employment taxes or for any penalties for failure to comply with any of the foregoing. There is no action, suit or proceeding by any person pending or, to the Knowledge of 1st FinancialSeller, threatened against any of the 1st Financial Companies Seller (or any of their officers, directors or its employees), involving employment discrimination, sexual harassment, wrongful discharge or other similar claims involving their employment practices, and, relating in any way to the Knowledge Branches or any of 1st Financial, no facts or circumstances exist which reasonably could be expected to result in suchSeller’s employees at the Branches. None of the 1st Financial Companies Seller is not a party to or bound by any collective bargaining agreement with any of its employeesthe employees of the Branches, any labor union or any other collective bargaining unit or organization. There is no pending or, to the Knowledge of 1st FinancialSeller’s Knowledge, threatened labor dispute, work stoppage or strike involving a Branch or any of the 1st Financial Companies and any of their employeesSeller’s employees at a Branch, or any pending or, to the Knowledge of 1st FinancialSeller’s Knowledge, threatened proceeding in which it is asserted that any of the 1st Financial Companies Seller has committed an unfair labor practice; and , and, to the Knowledge of 1st FinancialSeller’s Knowledge, there is no activity involving it or any of the 1st Financial Companies or any employees of their employees the Branches seeking to certify a collective bargaining unit or engaging in any other labor organization activity.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Premierwest Bancorp)

Employment Matters; Employee Relations. Each of the 1st Financial Companies Xxxxxxxx and Xxxxxxxx Investment each (a) has in all material respects paid in full to, to or accrued in accordance with GAAP on behalf of, of all its respective directors, officers and employees all wages, salaries, commissions, bonuses, fees and other direct compensation for all labor or services performed by them to the date of this Agreement, and all vacation pay, sick pay, severance pay, overtime pay and other amounts for which it is obligated under applicable law or its existing agreements, benefit plans, policies or practices, and (b) is in compliance with all applicable federal, state and local laws, statutes, rules and regulations with regard to employment and employment practices, terms and conditions, wages and hours and other compensation matters, except where a failure of compliance, either individually or cumulatively with other such failures, would not have a Xxxxxxxx Material Effect; and no person has made any claim has, to the Best Knowledge of Xxxxxxxx, asserted that any of the 1st Financial Companies either Xxxxxxxx or Xxxxxxxx Investment is liable in any amount for any arrearage in wages or employment taxes or for any penalties for failure to comply with any of the foregoing. There is no action, suit or proceeding by any person pending or, to the Best Knowledge of 1st FinancialXxxxxxxx, threatened threatened, against any of the 1st Financial Companies Xxxxxxxx or Xxxxxxxx Investment (or any of their officers, directors or employees), involving employment discrimination, sexual harassment, wrongful discharge or other claims involving their employment practices, and, to the Knowledge of 1st Financial, no facts or circumstances exist which reasonably could be expected to result in suchsimilar claims. None of the 1st Financial Companies Neither Xxxxxxxx nor Xxxxxxxx Investment is a party to or bound by any collective bargaining agreement with any of its employees, any labor union or any other collective bargaining unit or organization. There is no pending or, to the Knowledge of 1st Financial, or threatened labor dispute, work stoppage or strike involving any of the 1st Financial Companies Xxxxxxxx or Xxxxxxxx Investment and any of their employees, or any pending or, to the Knowledge of 1st Financial, or threatened proceeding in which it is asserted that any of the 1st Financial Companies Xxxxxxxx or Xxxxxxxx Investment has committed an unfair labor practice; and to the Best Knowledge of 1st FinancialXxxxxxxx, there is no activity involving any of the 1st Financial Companies it or Xxxxxxxx Investment or any of their employees seeking to certify a collective bargaining unit or engaging in any other labor organization activity.

Appears in 1 contract

Samples: Agreement and Plan Of (Bank of the Carolinas CORP)

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Employment Matters; Employee Relations. Each of the 1st Financial CBI Companies (a) has paid in full to, to or accrued in accordance with GAAP on behalf of, of all its directors, officers and employees all wages, salaries, commissions, bonuses, fees and other direct compensation for all labor or services performed by them to the date of this Agreement, and all vacation pay, sick pay, severance pay, overtime pay and other amounts for which it is obligated under applicable law or its existing agreements, benefit plans, policies or practices, and (b) is in compliance with all applicable federal, state and local laws, statutes, rules and regulations with regard to employment and employment practices, terms and conditions, wages and hours and other compensation matters, except where a failure of compliance, either individually or cumulatively with other such failures, would not have a CBI Material Effect; and no person has made any claim that any of the 1st Financial CBI Companies is liable in any amount for any arrearage in wages or employment taxes or for any penalties for failure to comply with any of the foregoing. There is no action, suit or proceeding by any person pending or, to the Knowledge of 1st FinancialCBI, threatened threatened, against any of the 1st Financial CBI Companies (or any of their officers, directors or employees), involving employment discrimination, sexual harassment, wrongful discharge or other claims involving their employment practices, and, to the Knowledge of 1st Financial, no facts or circumstances exist which reasonably could be expected to result in such. None of the 1st Financial CBI Companies is a party to or bound by any collective bargaining agreement with any of its employees, any labor union or any other collective bargaining unit or organization. There is no pending or, to the Knowledge of 1st FinancialCBI, threatened labor dispute, work stoppage or strike involving any of the 1st Financial CBI Companies and any of their employees, or any pending or, to the Knowledge of 1st FinancialCBI, threatened proceeding in which it is asserted that any of the 1st Financial CBI Companies has committed an unfair labor practice; and to the Knowledge of 1st FinancialCBI, there is no activity involving any of the 1st Financial CBI Companies or any of their employees seeking to certify a collective bargaining unit or engaging in any other labor organization activity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community Bankshares Inc /Sc/)

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