Labor Agreements and Actions. Neither the Company nor any of its subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledge, requested or sought to represent any of its employees, consultants, representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted), nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employment.
Appears in 3 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Series C Convertible Preferred Stock Purchase Agreement (Insci Corp), Series C Convertible Preferred Stock Purchase Agreement (Insci Corp)
Labor Agreements and Actions. Neither the Company nor any of its subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledge, requested or sought to represent any of its employees, consultants, representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted)Material Adverse Effect, nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employmentemployment where the failure to so comply would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (ClearStory Systems, Inc.), Series C Convertible Preferred Stock Purchase Agreement (ClearStory Systems, Inc.)
Labor Agreements and Actions. Neither Except as set forth on Schedule 2.25, neither the Company nor any of its subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledge, requested or sought to represent any of its employees, consultants, representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted), nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The With the exception of the Company's consulting arrangement with Phoenix Management, Inc., the consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employment.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Usdata Corp), Series C Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Labor Agreements and Actions. Neither the Company nor any of its subsidiaries the Subsidiary ---------------------------- is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledgeknowledge of the Company and the Subsidiary, requested or has sought to represent any of its the employees, consultants, representatives or agentsagents of the Company or the Subsidiary. There is no strike or other labor dispute involving the Company or any of its subsidiaries the Subsidiary pending, or to the Company's knowledge, knowledge of the Company and the Subsidiary threatened, that which could have a material adverse effect on the assets, properties, financial condition, operating results, prospects results or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted)the Subsidiary, nor is the Company or the Subsidiary aware of any labor organization activity involving the employees or consultants of its employees. Neither the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with nor the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have Subsidiary has a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement officer or agreement with any employee or consultantkey employee. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the The employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary the Subsidiary. No employee has any agreement or contract regarding his employment or providing for any material compensation following termination of employment with the Company or the Subsidiary. To the Company's and the Subsidiary's knowledge, as applicable, and without any required severance payment. The consulting relationship of each no employee or consultant of the Company or the Subsidiary is in violation of any term of its subsidiaries employment, employment contract or any other contract or agreement relating to the relationship of such person to the Company or the Subsidiary because of the nature of the business conducted or to be conducted by the Company or the Subsidiary. The employment of each officer and employee of the Company or the Subsidiary is terminable at the will of the Company or a subsidiary of the CompanySubsidiary, as applicable, and without any required severance payment. To the knowledge of the Companyits knowledge, each of the Company and each of its subsidiaries the Subsidiary have complied in all material respects with all applicable local, state and federal equal employment opportunity laws and with other laws related to employment.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Onvia Com Inc)
Labor Agreements and Actions. Neither the Company nor any of its ---------------------------- subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledge, requested or sought to represent any of its employees, consultants, representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted), nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Except with respect to eMake Corporation, the Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The With the exception of the Company's consulting arrangement with Phoenix Management, Inc., the consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employment.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)
Labor Agreements and Actions. Neither the Company nor any of its subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledge, requested or sought to represent any of its employees, consultants, representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted), nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Except with respect to eMake Corporation, the Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The With the exception of the Company's consulting arrangement with Phoenix Management, Inc., the consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employment.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Usdata Corp)
Labor Agreements and Actions. Neither the Company nor any of its subsidiaries the ---------------------------- Subsidiary is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's knowledgeknowledge of the Company and the Subsidiary, requested or has sought to represent any of its the employees, consultants, representatives or agentsagents of the Company or the Subsidiary. There is no strike or other labor dispute involving the Company or any of its subsidiaries the Subsidiary pending, or to the Company's knowledge, knowledge of the Company and the Subsidiary threatened, that which could have a material adverse effect on the assets, properties, financial condition, operating results, prospects results or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted)the Subsidiary, nor is the Company or the Subsidiary aware of any labor organization activity involving the employees or consultants of its employees. Neither the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with nor the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have Subsidiary has a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement officer or agreement with any employee or consultantkey employee. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the The employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary the Subsidiary. No employee has any agreement or contract regarding his employment or providing for any material compensation following termination of employment with the Company or the Subsidiary. To the Company's or the Subsidiary's knowledge, as applicable, and without any required severance payment. The consulting relationship of each no employee or consultant of the Company or the Subsidiary is in violation of any term of its subsidiaries employment, employment contract or any other contract or agreement relating to the relationship of such person to the Company or the Subsidiary because of the nature of the business conducted or to be conducted by the Company or the Subsidiary. The employment of each officer and employee of the Company or the Subsidiary is terminable at the will of the Company or a subsidiary of the CompanySubsidiary, as applicable, and without any required severance payment. To the knowledge of the Companyits knowledge, each of the Company and each of its subsidiaries the Subsidiary have complied in all material respects with all applicable local, state and federal equal employment opportunity laws and with other laws related to employment.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Onvia Com Inc)
Labor Agreements and Actions. Neither the Company nor any of its subsidiaries is bound by or subject to (and none of its assets or properties is bound by or subject to) any written or oral, express or implied, contract, covenant, agreement, instrument, commitment or arrangement with any labor union, and no labor union has requested or, to the Company's ’s knowledge, requested or sought to represent any of its employees, consultants, CUSIP No. 00000X000 representatives or agents. There is no strike or other labor dispute involving the Company or any of its subsidiaries pending, or to the Company's ’s knowledge, threatened, that could have a material adverse effect on the assets, properties, financial condition, operating results, prospects or business of the Company or any of its subsidiaries (as such business is presently conducted and as it is proposed to be conducted), nor is the Company aware of any labor organization activity involving the employees or consultants of the Company or any of its subsidiaries. The Company is not aware that any officer or key employee or key consultant, or that any group of key employees or key consultants, intends to terminate their employment or consulting relationship with the Company or any of its subsidiaries, nor does the Company or any of its subsidiaries have a present intention to terminate the employment or consulting relationship of any of the foregoing nor has there been any material change in any compensation arrangement or agreement with any employee or consultant. With the exception of those officers and employees that have executed employment contracts with the Company or any subsidiary of the Company as listed in the Disclosure Schedule, the employment of each officer and employee of the Company and each of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. The consulting relationship of each consultant of the Company or any of its subsidiaries is terminable at the will of the Company or a subsidiary of the Company, as applicable, and without any required severance payment. To the knowledge of the Company, each of the Company and each of its subsidiaries have complied in all material respects with all applicable local, state and federal equal employment opportunity and other laws related to employment.
Appears in 1 contract
Samples: Series C Convertible Preferred Stock Purchase Agreement (Selway Partners LLC)