Common use of Labor Disputes; Collective Bargaining Agreements; Employee Grievances Clause in Contracts

Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I hereto: (a) no collective bargaining agreement or other labor contract will expire during the term of this Agreement; (b) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the Borrower or any Subsidiary; (c) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the Borrower or any Subsidiary or their representative employees, in each case the consequences of which could reasonably be expected to affect aggregate business (regardless of division or entity) of the Borrower and its Subsidiaries which business generated gross revenues in excess of $50,000,000 individually or in the aggregate in the prior fiscal year; and (d) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the Borrower's knowledge, threatened against the Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 2 contracts

Samples: Loan Agreement (Griffon Corp), Loan Agreement (Griffon Corp)

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Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I annexed hereto: (a) there are no collective bargaining agreements or other labor contracts covering Borrower; (b) no such collective bargaining agreement or other labor contract (if any) will expire during the term of this Agreement; (bc) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the Borrower or any SubsidiaryBorrower; (cd) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting Borrower or its representative employees; (e) there has not been, during the two (2) year period prior to the date hereof, a strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting Borrower or any Subsidiary or their of its representative employees, in each case the consequences of which could reasonably be expected to affect aggregate business (regardless of division or entity) of the Borrower and its Subsidiaries which business generated gross revenues in excess of $50,000,000 individually or in the aggregate in the prior fiscal year; and (df) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the Borrower's knowledge, threatened against the Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings employee grievances arising in the ordinary course of business that which are not, in the aggregate, material.

Appears in 2 contracts

Samples: Loan Agreement (A C Moore Arts & Crafts Inc), Loan Agreement (A C Moore Arts & Crafts Inc)

Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I Schedule 3.16 hereto: (a) there are no collective bargaining agreements or other labor contracts covering any Borrower or any Subsidiary; (b) no such collective bargaining agreement or other labor contract will expire during the term of this Agreement; (bc) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the any Borrower or any Subsidiary; (cd) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the any Borrower or any Subsidiary or their representative employees; (e) there has not been, in each case during the consequences five (5) year period prior to the date hereof, a strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting any Borrower or any Subsidiary or any of which could reasonably be expected to affect aggregate business (regardless of division or entity) of the Borrower and its Subsidiaries which business generated gross revenues in excess of $50,000,000 individually or in the aggregate in the prior fiscal year; their representative employees, and (df) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the each Borrower's knowledge, threatened against the any Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings employee grievances arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 2 contracts

Samples: Loan Agreement (J&j Snack Foods Corp), Loan Agreement (J&j Snack Foods Corp)

Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I hereto: (a) no collective bargaining agreement or other labor contract will expire during the term of this Agreement; (b) to the each Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the either Borrower or any Subsidiary; (c) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the either Borrower or any Subsidiary or their representative employees, in each case the consequences of which could reasonably be expected to affect aggregate business (regardless of division or entity) of the Borrower Griffon and its Subsidiaries which business generated gross revenues in excess of $50,000,000 individually or in the aggregate in the prior fiscal year; and (d) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the each Borrower's knowledge, threatened against the either Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I hereto: (a) There are no collective bargaining agreements or other labor contracts covering the Borrower or any Subsidiary; (b) no such collective bargaining agreement or other labor contract will expire during the term of this Agreement; (bc) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the Borrower or any Subsidiary; (cd) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the Borrower or any Subsidiary or their representative employees; (e) there has not been, in each case during the consequences of which could reasonably be expected five (5) year period prior to affect aggregate business (regardless of division the date hereof, a strike, work stoppage, material unfair labor practice claim or entity) of charge, arbitration or other material labor dispute against or affecting the Borrower and its Subsidiaries which business generated gross revenues in excess or any Subsidiary or any of $50,000,000 individually or in the aggregate in the prior fiscal year; their representative employees, and (df) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the Borrower's knowledge, threatened against the Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings employee grievances arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

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Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I Schedule 3.16 hereto: (a) there are no collective bargaining agreements or other labor contracts covering any Borrower or any Subsidiary; (b) no such collective bargaining agreement or other labor contract will expire during the term of this Agreement; (bc) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the any Borrower or any Subsidiary; (cd) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the any Borrower or any Subsidiary or their representative employees; (e) there has not been, in each case during the consequences five (5) year period prior to the date hereof, a strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting any Borrower or any Subsidiary or any of which could reasonably be expected to affect aggregate business (regardless of division or entity) of the Borrower and its Subsidiaries which business generated gross revenues in excess of $50,000,000 individually or in the aggregate in the prior fiscal year; their representative employees, and (df) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the each Borrower's ’s knowledge, threatened against the any Borrower or any of the Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings employee grievances arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 1 contract

Samples: Loan Agreement (J&j Snack Foods Corp)

Labor Disputes; Collective Bargaining Agreements; Employee Grievances. Except as set forth on Exhibit I hereto: (a) There are no collective bargaining agreements or other labor contracts covering the Borrower or any Subsidiary; (b) no such collective bargaining agreement or other labor contract will expire during the term of this Agreement; (bc) to the Borrower's knowledge, no union or other labor organization is seeking to organize, or to be recognized as bargaining representative for, a bargaining unit of employees of the Borrower or any Subsidiary; (cd) there is no pending or threatened strike, work stoppage, material unfair labor practice claim or charge, arbitration or other material labor dispute against or affecting the Borrower or any Subsidiary or their representative employees; (e) there has not been, in each case during the consequences of which could reasonably be expected five (5) year period prior to affect aggregate business (regardless of division the date hereof, a strike, work stoppage, material unfair labor practice claim or entity) of charge, arbitration or other material labor dispute against or affecting the Borrower and its Subsidiaries which business generated gross revenues in excess or any Subsidiary or any of $50,000,000 individually or in the aggregate in the prior fiscal year; their representative employees, and (df) there are no actions, suits, charges, demands, claims, counterclaims or proceedings pending or, to the best of the Borrower's knowledge, threatened against the Borrower or any of the its Subsidiaries, by or on behalf of, or with, its employees, other than any such actions, suits, charges, demands, claims, counterclaims or proceedings employee grievances arising in the ordinary course of business that are not, in the aggregate, material.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

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