Common use of Labor Difficulties Clause in Contracts

Labor Difficulties. Except to the extent set forth in Section 3.21 of the Disclosure Schedule: (a) there is no labor strike, formal dispute, formal grievance, arbitration proceeding, general slowdown or stoppage, or charge of unfair labor practice actually pending before a court, regulatory body or arbitration tribunal, or to the best of WP Sub's knowledge threatened against or affecting WP Sub; (b) no union representation campaign is pending or, to WP Sub's knowledge, threatened respecting any employees of WP Sub; (c) WP Sub has not experienced any material work stoppage by its work force or other material labor difficulty since August 1, 1999; (d) to WP Sub's knowledge, there are no charges or complaints of discrimination pending before the United States Equal Employment Opportunity Commission or any state, local or foreign agency against WP Sub; (e) to the best of WP Sub's knowledge, WP Sub, does not presently employ, and at no time during the past year did it employ, any illegal alien; (i) to WP Sub's knowledge, WP Sub is not engaged in any unfair labor practice, and (ii) at no time during the past three (3) years has any unfair labor practice, complaint, charge or similar claim against WP Sub been filed with, or to WP Sub's knowledge, threatened to be filed by any employee with, the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor or any similar state, local or foreign agency; and (g) no collective bargaining agreement which is binding on WP Sub will be binding on Buyer or restricts the owner of the WP Sub's business from relocating or closing any of the WP Sub's business's facilities or operations.

Appears in 2 contracts

Samples: Stock Purchase and Exchange Agreement (Cdknet Com Inc), Stock Purchase and Exchange Agreement (Western Power & Equipment Corp)

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Labor Difficulties. Except to the extent set forth in Section 3.21 of the Disclosure Schedule: (a) there is no labor strike, formal dispute, formal grievance, arbitration proceeding, general slowdown or stoppage, or charge of unfair labor practice actually pending before a court, regulatory body or arbitration tribunal, or to the best of WP SubSeller's knowledge threatened against or affecting WP SubSeller; (b) no union representation campaign is pending or, to WP SubSeller's knowledge, threatened respecting any employees of WP SubSeller; (c) WP Sub Seller has not experienced any material work stoppage by its work force or other material labor difficulty since August January 1, 19991993; (d) to WP SubSeller's knowledge, there are no charges or complaints of discrimination pending before the United States Equal Employment Opportunity Commission or any state, local or foreign agency against WP SubSeller; (e) to the best of WP SubSeller's knowledge, WP SubSeller, does not presently employ, and at no time during the past year did it employ, any illegal alien; (i) to WP SubSeller's knowledge, WP Sub Seller is not engaged in any unfair labor practice, and (ii) at no time during the past three (3) years has any unfair labor practice, complaint, charge or similar claim against WP Sub Seller been filed with, or to WP SubSeller's knowledge, threatened to be filed by any employee with, the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor or any similar state, local or foreign agency; and (g) no collective bargaining agreement which is binding on WP Sub Seller will be binding on Buyer or restricts the owner of the WP Sub's business Business from relocating or closing any of the WP Sub's businessBusiness's facilities or operations.

Appears in 1 contract

Samples: Asset and Business Purchase Agreement (Nytest Environmental Inc)

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Labor Difficulties. Except to the extent set forth in Section 3.21 3.20 of the Disclosure Schedule: (a) there is no labor strike, formal dispute, formal grievance, arbitration proceeding, general slowdown or stoppage, or charge of unfair labor practice actually pending before a court, regulatory body or arbitration tribunal, or to the best of WP SubSeller's knowledge threatened against or affecting WP SubSeller; (b) no union representation campaign is pending or, to WP SubSeller's knowledge, threatened respecting any employees of WP SubSeller; (c) WP Sub Seller has not experienced any material work stoppage by its work force or other material labor difficulty since August 1, 1999; (d) to WP SubSeller's knowledge, there are no charges or complaints of discrimination pending before the United States Equal Employment Opportunity Commission or any state, local or foreign agency against WP SubSeller; (e) to the best of WP SubSeller's knowledge, WP SubSeller, does not presently employ, and at no time during the past year did it employ, any illegal alien; (i) to WP SubSeller's knowledge, WP Sub Seller is not engaged in any unfair labor practice, and (ii) at no time during the past three (3) years has any unfair labor practice, complaint, charge or similar claim against WP Sub Seller been filed with, or to WP SubSeller's knowledge, threatened to be filed by any employee with, the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor or any similar state, local or foreign agency; and (g) no collective bargaining agreement which is binding on WP Sub Seller will be binding on Buyer or restricts the owner of the WP Sub's business Business from relocating or closing any of the WP Sub's businessBusiness's facilities or operations.

Appears in 1 contract

Samples: Asset and Business Purchase Agreement (Cdknet Com Inc)

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