Common use of Employment of Active Employees by Buyer Clause in Contracts

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 choose interview all Active Employees. Seller hereby consents to hire the hiring of any or all of the Active Employees in Seller’s discretion and on by Buyer. Seller hereby waives, effective as of the terms determined Closing, any claims or rights Seller may have against any Active Employee hired by Buyer (the Buyer“Hired Active Employees”) under any employment, provided the Buyer hereby agrees to hire the employees listed in Schedule 10(b) on terms Buyer determines:non-competition, non-solicitation, confidentiality or other restrictive covenant agreement. (ii) It is understood and agreed that (A) Buyer’s expressed intention to extend offers of employment as set forth nothing in this section Agreement shall not constitute any commitment, Contract or understanding (expressed or implied) of any obligation on the part of Buyer to extend an offer of employment to any particular Active Employee, or, in the event an offer is extended, 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, benefits, other compensation or terms or conditions of employment of such employees.

Employment of Active Employees by Buyer. (i) Buyer It is not obligated Buyer’s current intention to hire any offer continued employment to each Active Employee but may choose Employee, such that each individual who is employed by either Target Entity immediately prior to hire Active Employees in Seller’s discretion and on the terms determined by Closing would remain an employee of the Buyer, provided respective Target Entity following the Buyer hereby agrees to hire the employees listed in Schedule 10(b) on terms Buyer determines:Closing. (ii) It Notwithstanding subparagraph (i) above, it is understood and agreed that (A) Buyer’s expressed intention to extend offers of employment as set forth nothing in this section Agreement 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 with any Active Employee 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 with the Buyer is “at will” and may be terminated by Buyer or by an employee Active Employee at any time for any reason (subject to any written commitments to the contrary made by Buyer or an employee and Legal Requirementsapplicable legal requirements). Nothing Except as set forth in the Employment Agreements, 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.