Independent Contractors and Employees. Buyer shall have no liability for accrued wages (including salaries and commissions), severance pay, accrued vacation, sick leave or other benefits, or employee agreements of any type or nature on account of Seller, retention of or termination of independent contractors or employment of or termination of employees, and Seller shall indemnify Buyer and hold Buyer harmless against liability arising out of any claims for such pay or benefits or any other claims arising from Seller’s retention of or employment of or termination of such independent contractors or employees, resulting from Seller’s acts or omissions.
Independent Contractors and Employees. Effective upon the Closing, Buyer or one of its Affiliates (the “Hiring Entity”) shall offer employment to each of the employees listed in Exhibit I, which may be updated by mutual agreement the parties prior to the Closing Date, at a compensation amount to be determined by Buyer. Such offer of employment shall be conditioned upon each such employee’s successful (as determined by Buyer in accordance with its hiring policies maintained in the ordinary course of its business consistent with past practices) completion of the pre-employment screening required of all of the Hiring Entity’s employees. Any such Employee who accepts the Hiring Entity’s offer of employment described herein and successfully completes the pre-employment screening shall be deemed a “Hired Employee” effective as of the Closing. The Seller shall bear any and all obligations and liabilities under the WARN Act resulting from employment losses.
Independent Contractors and Employees. For purposes of computing Taxes and the filing of Tax Returns, the Company has not failed to treat as "employees" any individual providing services to the Company, as the case may be, who would be classified as an "employee" under the applicable rules or regulations of any authority with respect to such classification.
Independent Contractors and Employees. Any person classified or treated by the Company or any of its Subsidiaries as an employee or as an independent contractor for any Tax purpose or as to any payment, for any period, was properly so classified and treated for the applicable Tax purpose or payment and the applicable period.
Independent Contractors and Employees. Effective upon the Closing, Buyer or one of its Affiliates (the “Hiring Entity”) shall offer employment to each of the employees listed in Exhibit K, at a compensation amount substantially similar to Buyer’s then existing compensation rates for similar employees employed by Buyer. Such offer of employment shall be conditioned upon each such employee’s successful (as determined by Buyer in accordance with its hiring policies maintained in the ordinary course of its business consistent with past practices) completion of the pre-employment screening required of all of the Hiring Entity’s employees. Any such Employee who accepts the Hiring Entity’s offer of employment described herein and successfully completes the pre-employment screening shall be deemed a “Hired Employee” effective as of the Closing. Buyer shall or shall cause the Hiring Entity to: (i) give each Hired Employee credit under and in accordance with the terms of any benefit plan or personnel policies of the Hiring Entity that cover the Hired Employee from and after the Closing for purposes of eligibility and vesting for the Hired Employee’s service with any Seller prior to the Closing Date, excluding any vacation, sick leave or severance policies of Hiring Entity; and (ii) with respect to each employee benefit plan maintained by the Hiring Entity which is providing welfare benefits, including medical, life insurance, long-term disability insurance and long-term care insurance (collectively, the “Welfare Plans”) to the Hired Employees on or after the Closing, use commercially reasonable efforts to waive all preexisting-condition limitations, waiting periods, evidence of insurability or other exclusions or limitations not imposed on the Hired Employee by the corresponding benefits plan of Sellers immediately prior to the Closing Date; and (iii) use commercially reasonable efforts to give each Hired Employee credit for any deductible or co-payment amounts or out-of-pocket maximum paid, and be subject to any annual maximum benefits, in respect of the plan year in which the Closing Date occurs, to the extent that, following the Closing Date, such Hired Employee participates in any of the Buyer’s employee benefits plans for which deductibles or co-payments are required or maximum benefits apply. The Sellers shall bear any and all obligations and liabilities under the WARN Act resulting from employment losses.
Independent Contractors and Employees. For a period of 3 years following an Event of Default which results in acceleration of the Loans and subsequent foreclosure of the Collateral by Agent, NewCo will not, directly or indirectly, individually or through any other entity or otherwise, without the prior written consent of Agent, which can be withheld in Agent’s sole discretion, knowingly take any action detrimental to the relationship between any of the former independent contractors or employees of NewCo and the entities to whom the Collateral is assigned if such entities are currently employing such independent contractors or employees.
Independent Contractors and Employees. For purposes of computing Taxes and the filing of Tax Returns, none of the Seller, the Subsidiary or any Consolidating Filer has failed to treat as an "employee" any individual providing services to the Seller or the Subsidiary who would be classified as an "employee" under the applicable rules or regulations of any authority with respect to such classification.
Independent Contractors and Employees. During the Restricted Period, the Executive will not, directly or indirectly, individually or through any other entity or otherwise, without the prior written consent of the Company, which can be withheld in the Company’s sole discretion, hire, employ or otherwise retain (other than on behalf of the Company or its subsidiaries or affiliates) the services of any person who was an independent contractor or employee of the Company within the twelve (12) month period preceding the termination of the Employment Period or knowingly take any action detrimental to the relationship between any such person and the Company. Executive authorizes and consents to the disclosure of this Agreement to third parties for the purpose of protecting the Company’s rights hereunder, including pursuant to subparagraphs 7(a) though 7(d).
Independent Contractors and Employees. For purposes of computing Taxes and the filing of Tax Returns, LCI have not failed to treat as "employees" any individual providing services to LCI who would be classified as an "employee" under the applicable rules or regulations of any Authority with respect to such classification.
Independent Contractors and Employees. For purposes of computing Taxes and the filing of Tax Returns, ANS have not failed to treat as "employees" any individual providing services to ANS who would be classified as an "employee" under the applicable rules or regulations of any Authority with respect to such classification.
