Employment of Employees by Buyer. (i) Buyer is not obligated to hire any employee of Seller (“Seller Employee(s)”) but may interview and/or hire any or all of the Seller Employees. Buyer will provide Seller with a list of all Seller Employees to whom Buyer has made an offer of employment that has been accepted to be effective immediately following the Effective Time on the Closing Date. Subject to Legal Requirements, Buyer will have reasonable access to the Real Property and Seller’s personnel records (including performance appraisals, disciplinary actions, and grievances) for the purpose of preparing for and conducting employment interviews with any Seller Employee 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. Seller Employees who accept an employment offer from Buyer (“Hired Employees”) will become employees of the Buyer effective on their hire date with the Buyer on terms and conditions determined by Buyer in its sole discretion. If Buyer elects to terminate any Hired Employee after the Closing Date, any resulting liability will be for the Buyer’s account.
Employment of Employees by Buyer. (a) Automatic Transferred Employees shall not be terminated upon Closing and the rights, powers, duties, liabilities and obligations of Seller (or the relevant Subsidiary of Seller) to the employees in respect of the material terms of employment with the Automatic Transferred Employees in force immediately before Closing shall be transferred to Buyer in accordance with local Legal Requirements. Prior to the Closing, Seller shall, or shall cause the applicable Selling Subsidiary to, in accordance with applicable Legal Requirements (including Section 203 of the Employment Rights Xxx 0000 of the UK Parliament or any similar law of any other applicable jurisdiction), either: (A) (i) terminate the Identified Employees and (ii) use commercially reasonable efforts to enter into a “compromise agreement” that settles any outstanding liability to each such Identified Employee relating to such Identified Employee’s employment or its termination and waives any claim that each such Identified Employee has or may have arising out of his employment or its termination against Seller, the applicable Selling Subsidiary, Buyer and any Subsidiary of Buyer and to which Buyer or its applicable Subsidiary is a party or a third party beneficiary; and/or (B) (i) redeploy the Identified Employees such that any such redeployed Identified Employee is no longer assigned to the Business being acquired by Buyer under this Agreement, (ii) inform the redeployed Identified Employee in writing (in a form reasonably satisfactory to Buyer) of the full terms of the redeployment in good time prior to Closing, and (iii) use commercially reasonable efforts to procure such redeployed Identified Employee’s agreement in writing to such terms.
Employment of Employees by Buyer. (i) Buyer intends to extend employment offers to each Employee, but is not obligated to hire any Employee and may interview all 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 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. Buyer will provide Seller with a list of Employees to whom Buyer has made an offer of employment that has been accepted to be effective on the Closing Date (the "Hired Employees"). Effective immediately before the Closing, Seller will terminate the employment of all of its Hired Employees.
Employment of Employees by Buyer
