Common use of Employment of Seller's Personnel Clause in Contracts

Employment of Seller's Personnel. The Seller will use its reasonable best efforts to persuade its employees at the Stores to make themselves available for employment by the Purchaser. Purchaser shall use its reasonable best efforts to interview and review said current employees of Seller prior to the Closing Date. Purchaser will only be able to offer employment to those of Seller’s employees who meet Purchaser’s normal employment criteria and to the extent job openings then exist. To the extent job openings are not available, Purchaser intends to retain in its files the personnel information about Seller’s employees who meet Purchaser’s criteria and to consider the same for other suitable job openings as they may become available. It is not the intent of this Section 2.7 to make Seller’s employees third party beneficiaries to this Agreement. Employment of Seller’s personnel by Purchaser shall be solely at Purchaser’s option in the exercise of its business judgment. Purchaser is not assuming any of Seller’s employment liabilities that have accrued, including but not limited to, unpaid FICA, FUTA, unemployment tax, pension or profit-sharing plan contributions, employee fringe benefits, bonuses or incentive programs of any type, obligations under COBRA or any other federal, state or local law, statute or regulation, or accrued and/or unpaid vacation time or allowances, nor is Purchaser acquiring or assuming any interest or obligation under any employee benefit plans of Seller.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Video City Inc), This Agreement (Video City Inc)

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Employment of Seller's Personnel. The Seller will use its reasonable best efforts to persuade its employees at the Stores Store to make themselves available for employment by the Purchaser. Purchaser shall use its reasonable best efforts to interview and review said current employees of Seller prior to the Closing Date. Purchaser will only be able to offer employment to those of Seller’s 's employees who meet Purchaser’s 's normal employment criteria and to the extent job openings then exist. To the extent job openings are not available, Purchaser intends to retain in its his files the personnel information about Seller’s 's employees who meet Purchaser’s 's criteria and to consider the same for other suitable job openings as they may become available. It is not the intent of this Section 2.7 to make Seller’s 's employees third party beneficiaries to this Agreement. Employment of Seller’s 's personnel by Purchaser shall be solely at Purchaser’s 's option in the exercise of its his business judgment. Purchaser is not assuming any of Seller’s 's employment liabilities that have accrued, including but not limited to, unpaid FICA, FUTA, unemployment tax, pension or profit-sharing plan contributions, employee fringe benefits, bonuses or incentive programs of any type, obligations under COBRA or any other federal, state or local law, statute or regulation, or accrued and/or unpaid vacation time or allowances, nor is Purchaser acquiring or assuming any interest or obligation under any employee benefit plans of Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Video City Inc)

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Employment of Seller's Personnel. The Seller will use its reasonable best efforts to persuade its employees at the Stores to make themselves available for employment by the Purchaser. Purchaser shall use its reasonable best efforts to interview and review said current employees of Seller prior to the Closing Date. Purchaser will only be able to offer employment to those of Seller’s 's employees who meet Purchaser’s 's normal employment criteria and to the extent job openings then exist. To the extent job openings are not available, Purchaser intends to retain in its files the personnel information about Seller’s 's employees who meet Purchaser’s 's criteria and to consider the same for other suitable job openings as they may become available. It is not the intent of this Section 2.7 to make Seller’s 's employees third party beneficiaries to this Agreement. Employment of Seller’s 's personnel by Purchaser shall be solely at Purchaser’s 's option in the exercise of its business judgment. Purchaser is not assuming any of Seller’s 's employment liabilities that have accrued, including but not limited to, unpaid FICA, FUTA, unemployment tax, pension or profit-sharing plan contributions, employee fringe benefits, bonuses or incentive programs of any type, obligations under COBRA or any other federal, state or local law, statute or regulation, or accrued and/or unpaid vacation time or allowances, nor is Purchaser acquiring or assuming any interest or obligation under any employee benefit plans of Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Video City Inc)

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