Employment of Active Employees by Buyer. (i) Buyer is not obligated to hire any Active Employee but may interview all Active Employees. Buyer will provide Seller with a list of Active Employees to whom Buyer has made an offer of employment that has been accepted to be effective on the Closing Date (the "Hired Active Employees"). Subject to Legal Requirements, Buyer will have reasonable access to the Facilities and personnel Records (including performance appraisals, disciplinary actions, grievances and medical Records) of Seller for the purpose of preparing for and conducting employment interviews with all Active Employees and will conduct the interviews as expeditiously as possible prior to the Closing Date. Access will be provided by Seller upon reasonable prior notice during normal business hours. Effective immediately before the Closing, Seller will terminate the employment of all of its Hired Active Employees.
(ii) It is understood and agreed that (A) Buyer's expressed intention to extend offers of employment as set forth in this section shall not constitute any commitment, Contract or understanding (expressed or implied) of any obligation on the part of Buyer to a post-Closing employment relationship of any fixed term or duration or upon any terms or conditions other than those that Buyer may establish pursuant to individual offers of employment, and (B) employment offered by Buyer is "at will" and may be terminated by Buyer or by an employee at any time for any reason (subject to any written commitments to the contrary made by Buyer or an employee and Legal Requirements). Nothing in this Agreement shall be deemed to prevent or restrict in any way the right of Buyer to terminate, reassign, promote or demote any of the Hired Active Employees after the Closing or to change adversely or favorably the title, powers, duties, responsibilities, functions, locations, salaries, other compensation or terms or conditions of employment of such employees.
Employment of Active Employees by Buyer. (i) Buyer is not obligated to hire any Active Employee but may choose to hire Active Employees in Seller’s discretion and on the terms determined by the Buyer, provided the Buyer hereby agrees to hire the employees listed in Schedule 10(b) on terms Buyer determines:
(ii) It is understood and agreed that (A) Buyer’s expressed intention to extend offers of employment as set forth in this section shall not constitute any commitment, Contract or understanding (expressed or implied) of any obligation on the part of Buyer to a post-Closing employment relationship of any fixed term or duration or upon any terms or conditions other than those that Buyer may establish pursuant to individual offers of employment, and (B) employment offered by Buyer is “at will” and may be terminated by Buyer or by an employee at any time for any reason (subject to any written commitments to the contrary made by Buyer or an employee and Legal Requirements). Nothing in this Agreement shall be deemed to prevent or restrict in any way the right of Buyer to terminate, reassign, promote or demote any of the Hired Active Employees after the Closing or to change adversely or favorably the title, powers, duties, responsibilities, functions, locations, salaries, other compensation or terms or conditions of employment of such employees.
Employment of Active Employees by Buyer. (i) Buyer is not obligated to hire any Active Employee but may interview all Active Employees. Effective immediately before the Closing, C-COR shall terminate the employment of all of its Active Employees that Buyer has given or intends to give an employment offer, a list of which is set forth on Schedule 5.3(b)(i) (the “Hired Active Employees”), subject to the requirements of the WARN Act.
(ii) Neither Seller nor its Affiliates shall solicit the continued employment of any Hired Active Employee (unless and until Buyer has informed Seller in writing that the particular Hired Active Employee will not receive any employment offer from Buyer, Hired Active Employee’s employment or contract relationship is terminated by Buyer after hire, or Buyer approves re-hire of Hired Active Employee by Seller still in writing) for a period of one (1) year after the Closing.
(iii) Neither Buyer nor its Affiliates shall solicit the continued employment of any employee of Seller other than a Hired Active Employee (unless and until such employee’s employment or contract relationship is terminated by Seller or Seller approves the hiring of such employee by Buyer in writing) for a period of one (1) year after the Closing.
Employment of Active Employees by Buyer. (i) Buyer has provided Seller with a list of Seller’s employees to whom Buyer has made an offer of employment that has been accepted to be effective on the Closing
Employment of Active Employees by Buyer. (i) Buyer shall hire all Active Employees of Seller. Seller will terminate the employment of all of its Active Employees. Buyer will allow such employees to participate in such life insurance, hospitalization, major medical, and other employee benefit plans as employees of similar pay grade and seniority of Buyer are currently permitted to participate in. Any and all period of service performed with Seller prior to the Effective Time will be taken into account under any employee benefit plan maintained by Buyer. Buyer shall allow the Active Employees to maintain their existing accrued vacation, however, Buyer will not pay to or be liable to any Active Employees any vacation pay for accrued but unused vacation benefits.
(ii) Neither Seller nor the Shareholder nor their Related Persons shall solicit the continued employment of any Active Employee.
(iii) It is understood and agreed that the employment offered by Buyer is "at will" and may be terminated by Buyer or by an employee at any time for any reason (subject to any written commitments to the contrary made by Buyer or an employee and Legal Requirements). Nothing in this Agreement shall be deemed to prevent or restrict in any way the right of Buyer to terminate, reassign, promote or demote any of the Active Employees after the Closing or to change adversely or favorably the title, powers, duties, responsibilities, functions, locations, salaries, other compensation or terms or conditions of employment of such employees.
Employment of Active Employees by Buyer. (i) Buyer will make offers of employment to all employees who meet the standards set forth on Exhibit 10.1
Employment of Active Employees by Buyer. (i) Not later than the Closing Date, Buyer shall offer employment to each of the Active Employees at their current compensation rates and with the benefits generally offered to similarly situated employees of Buyer (provided that the compensation and benefits for the Founders shall be as set forth in the Employment Agreements) (any such employees who accept such offer of employment being referred to as the “Hired Active Employees”). Buyer shall have no obligation to offer employment to any employees whose employment had been terminated (voluntarily or involuntarily) or who have retired prior to the Closing Date.
Employment of Active Employees by Buyer. Subject to compliance with customary procedures including completion of satisfactory background checks and acceptance of applicable employment policies, Buyer intends to make an offer of employment to all Active Employees (the “Hired Active Employees”). Buyer’s expressed intention to extend offers of employment as set forth in this Section 0 will not constitute any commitment or Contract by Buyer to enter into an employment relationship with any employee of Seller of any fixed term or duration or upon any terms or conditions other than those that Buyer may establish pursuant to individual offers of employment. Employment offered by Buyer is “at will” and may be terminated by Buyer or by an employee at any time for any reason (subject to any written commitments to the contrary made by Buyer or an employee and any requirements of Law).
Employment of Active Employees by Buyer. (i) Buyer is not obligated to hire any Active Employee but may interview all Active Employees. At or immediately prior to the Closing, Seller will terminate the employment of all of its Active Employees.
(ii) Neither Seller nor Shareholder shall solicit the continued employment of any Active Employee (unless and until Buyer has informed Seller in writing that the particular Active Employee will not receive any employment offer from Buyer) or the employment of any Active Employee after the Closing.
Employment of Active Employees by Buyer. (i) Buyer may, in its sole discretion offer employment to Active Employees that the Buyer in its sole discretion deems appropriate (collectively, the “Hired Employees”) on the terms and conditions to be determined in the sole discretion of Buyer. Buyer will have reasonable access to the personnel Records (including performance appraisals, disciplinary actions, grievances and medical Records) of Seller. Effective immediately before the Closing, Seller will terminate the employment of those employees being hired by Buyer.
(ii) Nothing in this Agreement shall be deemed to prevent or restrict in any way the right of Buyer to terminate, reassign, promote or demote any of the Hired Employees after the Closing or to change adversely or favorably the title, powers, duties, responsibilities, functions, locations, salaries, other compensation or terms or conditions of employment of such employees.
