Common use of Labor Matters; Employees Clause in Contracts

Labor Matters; Employees. (a) Except as set forth in Section 3.14 of the Crusader Disclosure Schedule, (i) as of the date of this Agreement, there is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of Crusader, threatened against or affecting such Crusader Operating Entity and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating Entity, (iii) none of the employees of such Crusader Operating Entity are represented by any labor organization and Crusader does not have any knowledge of any current union organizing activities among the employees of such Crusader Operating Entity, (iv) such Crusader Operating Entity has at all times been in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and is not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable law, ordinance or regulation, (v) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity pending or, to the knowledge of Crusader, threatened before the National Labor Relations Board or any similar state or foreign agency, (vi) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating Entity, (vii) as of the date of this Agreement, neither the Occupational Safety and Health Administration nor any other federal or state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating Entity, and (viii) as of the date of this Agreement, there is no employee or governmental claim or investigation relating to such Crusader Operating Entity, including any charges to the Equal Employment Opportunity Commission or state employment practice agency, investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, Workers’ Compensation claims, sexual harassment complaints or demand letters or threatened claims. (b) Since the enactment of the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), such Crusader Operating Entity has not effectuated (i) a “plant closing” (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating Entity, or (ii) a “mass layoff” (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating Entity, nor has such Crusader Operating Entity been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would have a Crusader Material Adverse Effect.

Labor Matters; Employees. (a) Except as set forth in on Section 3.14 4.15(a) of the Crusader Parent Disclosure ScheduleLetter, and except, in each case, individually or in the aggregate, as would not reasonably be expected to have a Parent Material Adverse Effect, (i) as of the date of this Agreement, there is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of CrusaderParent, threatened against or affecting such Crusader Operating Entity Parent or any of the Parent Subsidiaries and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity is not a party to or bound by neither Parent nor any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating Entity, (iii) none of the employees of such Crusader Operating Entity are represented by any labor organization and Crusader does not Parent Subsidiaries have any knowledge of any current union organizing activities among the employees of such Crusader Operating EntityParent or any of the Parent Subsidiaries, (iviii) such Crusader Operating Entity has Parent and the Parent Subsidiaries have each at all times been in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and is are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable lawApplicable Laws, ordinance or regulationregulation and Parent is not liable for any arrears of wages or any withholding taxes or penalties for failure to comply with any of the foregoing, (viv) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity Parent or any of the Parent Subsidiaries pending or, to the knowledge of CrusaderParent, threatened before the National Labor Relations Board or any similar state or foreign agency, (viv) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating EntityParent or any of the Parent Subsidiaries, (viivi) as of the date of this Agreement, neither the Occupational Safety and Health Administration nor any other federal or state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating EntityParent or any of the Parent Subsidiaries, and (viiivii) as of the date of this Agreement, there is no employee or governmental claim or investigation relating to such Crusader Operating Entityinvestigation, including any charges to or by the Equal Employment Opportunity Commission or any state employment practice agency, investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, Workers’ Compensation claims, sexual harassment complaints or complaints, demand letters letters, or threatened claims. (b) Since the enactment of the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), such Crusader Operating Entity neither Parent nor any of the Parent Subsidiaries has not effectuated (i) a “plant closing” (as defined in the WARN Act) closing affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating EntityParent or any of the Parent Subsidiaries, or (ii) a “mass layoff” layoff (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating EntityParent or any of the Parent Subsidiaries, nor has such Crusader Operating Entity Parent or any of the Parent Subsidiaries been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would reasonably be expected to have a Crusader Parent Material Adverse Effect. (c) Neither Parent nor any of the Parent Subsidiaries has been suspended or debarred from doing business with the United States government, or state or local government entity, or is the subject of a finding of non-responsibility or ineligibility for United States government contracting, or contracting with a state or local government entity, and neither Parent nor any of the Parent Subsidiaries has, or is violating, Executive Order 11246 or its implementing regulations, with respect to any government contract, or any state or local law applicable to contracting with such governmental entity, and neither Parent nor any of the Parent Subsidiaries has been notified by one or more significant customers that Parent or any of the Parent Subsidiaries is not currently considered qualified by that customer or customers to perform or bid on work for that customer because of safety record concerns, except for any such disqualification that would not reasonably be expected to have a material adverse effect on Parent or any material Parent Subsidiary.

Labor Matters; Employees. (a) Except as set forth in Section 3.14 of the Crusader Disclosure Schedule, (i) as None of the date Company or any of this Agreement, there its Subsidiaries is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of Crusader, threatened against or affecting such Crusader Operating Entity and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating Entity, the Company or any of its Subsidiaries and (iiiii) none of the employees of such Crusader Operating Entity the Company or any of its Subsidiaries are represented by any labor organization and Crusader does not have none of the Company or any of its Subsidiaries has any knowledge of any current union organizing activities among the employees of the Company or any of its Subsidiaries nor does any question concerning representation exist concerning such Crusader Operating Entityemployees. (b) None of the Company or any of its Subsidiaries is, or since January 1, 2008 has been, subject to any pending or, to the knowledge of the Company, threatened, (ivi) such Crusader Operating Entity has at all times been labor strike, dispute, slowdown, work stoppage or lockout, (ii) written notices or written claims asserting that the Company or any of its Subsidiaries is not in material compliance with all any applicable laws Law respecting employment and employment practices, terms and conditions of employment, wages, hours of work and work, or occupational safety and health, and is not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable law, ordinance or regulationhealth practices, (viii) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity pending or, to the knowledge Company or any of Crusader, threatened its Subsidiaries before the National Labor Relations Board or any similar state or foreign agency, (viiv) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating Entitythe Company or any of its Subsidiaries, (viiv) as of the date of this Agreement, neither citation issued by the Occupational Safety and Health Administration nor or any other similar foreign, federal or state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating the Company or any of its Subsidiaries, (vi) claim submitted to a Governmental Entity or an investigation or other proceeding by a Governmental Entity, and (viii) as of the date of this Agreement, there is no whether initiated by an employee or governmental claim Governmental Entity, with respect to employment, terms or investigation relating to such Crusader Operating Entityconditions of employment or working conditions, including any charges submitted to the Equal Employment Opportunity Commission or state employment practice agency, audits by the DOL or state agency with respect to wages and hours of work or investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, or Workers’ Compensation claimsclaims or (vii) any claim, sexual harassment complaints suit, action or demand letters governmental investigation, in respect of which any director, officer, employee or threatened claimsagent of the Company or any Company Subsidiary is or may be entitled to claim indemnification from the Company or any Company Subsidiary. (bc) Since Each of the enactment Company and its Subsidiaries are in compliance with all applicable Law respecting employment and employment practices, terms and conditions of employment, wages, hours of work, occupational safety and health and unfair labor practices. None of the Company or any Company Subsidiary has any liabilities under the Worker Adjustment and Retraining Notification Act of 1988 and the regulations promulgated thereunder (the “WARN Act”)) or any similar Law as a result of any action taken by the Company that could reasonably be expected to have, such Crusader Operating Entity has not effectuated (i) a “plant closing” (as defined individually or in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating Entityaggregate, or (ii) a “mass layoff” (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating Entity, nor has such Crusader Operating Entity been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would have a Crusader Material Adverse Effect. (d) Section 3.19(d) of the Company Disclosure Letter contains a true, complete and correct list of the names of all directors and officers of the Company as of the date of this Agreement, together with such Person’s position or function. The Company has previously provided to Parent true and correct information with respect to each such officer’s annual base salary or wages, target bonus percentage and amount for 2009 and 2010, and currently estimated severance payment due as a result of the Merger assuming such Person’s employment is terminated in connection therewith.

Labor Matters; Employees. (a) a. Except as set forth in Section 3.14 the Parent SEC Reports filed and publicly available prior to the date of the Crusader Disclosure Schedulethis Agreement and except for such matters that alone or in conjunction with other similar or related matters would not have a Parent Material Adverse Effect, (i) as of the date of this Agreement, there is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of CrusaderParent, threatened against or affecting such Crusader Operating Entity Parent or any of its Subsidiaries and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity none of Parent or any of its Subsidiaries is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating EntityParent or any of its Subsidiaries, (iii) none of the employees of such Crusader Operating Entity Parent or any of its Subsidiaries are represented by any labor organization and Crusader does not none of Parent or any of its Subsidiaries have any knowledge of any current union organizing activities among the employees of Parent or any of its Subsidiaries nor does any question concerning representation exist concerning such Crusader Operating Entityemployees, (iv) such Crusader Operating Entity has Parent and its Subsidiaries have each at all times been in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and is are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable law, ordinance or regulation, (v) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity any of Parent or any of its Subsidiaries pending or, to the knowledge of CrusaderParent, threatened before the National Labor Relations Board or any similar state or foreign agency, (vi) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating EntityParent or any of its Subsidiaries, (vii) as of the date of this Agreement, neither the Occupational Safety and Health Administration nor any other federal or corresponding state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating EntityParent or any of its Subsidiaries, and (viii) as of the date of this Agreement, there is no employee or governmental claim or investigation relating to such Crusader Operating Entityinvestigation, including any charges to the Equal Employment Opportunity Commission or state employment practice agency, investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, Workers’ Compensation claims, sexual harassment complaints or demand letters or threatened claims. (b) b. Since the enactment of the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), such Crusader Operating Entity none of Parent or any of its Subsidiaries has not effectuated (i) a “"plant closing” " (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating Entityany of Parent or any of its Subsidiaries, or (ii) a “"mass layoff” " (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating EntityParent or any of its Subsidiaries, nor has such Crusader Operating Entity Parent or any of its Subsidiaries been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would could reasonably be expected to have a Crusader Parent Material Adverse Effect.

Labor Matters; Employees. (a) a. Except as set forth in Section 3.14 the Reading SEC Reports filed and publicly available prior to the date of the Crusader Disclosure Schedulethis Agreement and except for such matters that alone or in conjunction with other similar or related matters would not have a Reading Adverse Effect, (i) as of the date of this Agreement, there is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of CrusaderReading, threatened against or affecting such Crusader Operating Entity Reading or any of its Subsidiaries and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity none of Reading or any of its Subsidiaries is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating EntityReading or any of its Subsidiaries, (iii) none of the employees of such Crusader Operating Entity Reading or any of its Subsidiaries are represented by any labor organization and Crusader does not none of Reading or any of its Subsidiaries have any knowledge of any current union organizing activities among the employees of Reading or any of its Subsidiaries nor does any question concerning representation exist concerning such Crusader Operating Entityemployees, (iv) such Crusader Operating Entity has Reading and its Subsidiaries have each at all times been in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and is are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable law, ordinance or regulation, (v) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity any of Reading or any of its Subsidiaries pending or, to the knowledge of CrusaderReading, threatened before the National Labor Relations Board or any similar state or foreign agency, (vi) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating EntityReading or any of its Subsidiaries, (vii) as of the date of this Agreement, neither the Occupational Safety and Health Administration nor any other federal or corresponding state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating EntityReading or any of its Subsidiaries, and (viii) as of the date of this Agreement, there is no employee or governmental claim or investigation relating to such Crusader Operating Entityinvestigation, including any charges to the Equal Employment Opportunity Commission or state employment practice agency, investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, Workers’ Compensation claims, sexual harassment complaints or demand letters or threatened claims. (b) b. Since the enactment of the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), such Crusader Operating Entity none of Reading or any of its Subsidiaries has not effectuated (i) a “"plant closing” " (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating Entityany of Reading or any of its Subsidiaries, or (ii) a “"mass layoff” " (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating EntityReading or any of its Subsidiaries, nor has such Crusader Operating Entity Reading or any of its Subsidiaries been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would could reasonably be expected to have a Crusader Reading Material Adverse Effect.

Labor Matters; Employees. (a) Except as set forth in Section 3.14 4.15 of the Crusader Company Disclosure Schedule, (i) as of the date of this Agreement, there is no labor strike, dispute, slowdown, work stoppage or lockout actually pending or, to the knowledge of Crusaderthe Company, threatened against or affecting such Crusader Operating Entity the Company or any of its Subsidiaries and, during the past five years, there has not been any such action, (ii) such Crusader Operating Entity none of the Company or any of its Subsidiaries is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of such Crusader Operating Entityany Company Employee, (iii) none of the employees of such Crusader Operating Entity are Company Employees is represented by any labor organization and Crusader does not have none of the Company or any of its Subsidiaries has any knowledge of any current union organizing activities among the employees of such Crusader Operating EntityCompany Employees, (iv) such Crusader Operating Entity has the Company and its Subsidiaries have each at all times been in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and is are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable law, ordinance or regulation, (v) as of the date of this Agreement there is no unfair labor practice charge or complaint against such Crusader Operating Entity the Company or any of its Subsidiaries pending or, to the knowledge of Crusaderthe Company, threatened before the National Labor Relations Board or any similar state or foreign agency, (vi) as of the date of this Agreement there is no grievance or arbitration proceeding arising out of any collective bargaining agreement or other grievance procedure relating to such Crusader Operating Entitythe Company or any of its Subsidiaries, (vii) as of the date of this Agreement, Agreement neither the Occupational Safety and Health Administration nor any other federal or state agency has threatened to file any citation, and there are no pending citations, relating to such Crusader Operating Entitythe Company or any of its Subsidiaries, and (viii) as of the date of this Agreement, there is no employee or governmental claim or investigation relating to such Crusader Operating Entityinvestigation, including any charges to the Equal Employment Opportunity Commission or state employment practice agency, investigations regarding Fair Labor Standards Act compliance, audits by the Office of Federal Contractor Compliance Programs, Workers’ Compensation claims, sexual harassment complaints or demand letters or threatened claims. (b) Since the enactment of the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), such Crusader Operating Entity none of the Company or any of its Subsidiaries has not effectuated (i) a “plant closing” (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of such Crusader Operating Entityany of the Company or any of its Subsidiaries, or (ii) a “mass layoff” (as defined in the WARN Act) affecting any site of employment or facility of such Crusader Operating Entitythe Company or any of its Subsidiaries, nor has such Crusader Operating Entity the Company or any of its Subsidiaries been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar state or local law, in each case that would have a Crusader Company Material Adverse Effect.