Common use of Labor Relations; Collective Bargaining Agreements Clause in Contracts

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV is a list and description (including dates of termination) of all collective bargaining or similar agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or any Subsidiary on the Restatement Effective Date. (b) Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a whole. There is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries and (iii) to the best knowledge of the Borrower, no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Fremont General Corp)

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Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule VI hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements Collective Bargaining Agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or any Subsidiary on the Restatement Effective Date. (b) Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There is is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against it or any of themits Subsidiaries, before the National Labor Relations Board, and no significant grievance proceeding or significant arbitration proceeding arising out of or under any collective bargaining agreement Collective Bargaining Agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against it or any of themits Subsidiaries, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against the Borrower it or any of its Subsidiaries and (iii) to the best knowledge of the Borrower, no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as is could not reasonably be likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ametek Inc/)

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV is a list and description (including dates of termination) of all collective bargaining or similar agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or any Subsidiary on the Restatement Amendment Effective Date. (b) Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a whole. There is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries and (iii) to the best knowledge of the Borrower, no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually in- dividually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Fremont General Corp)

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule 6.35 hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements Collective Bargaining Agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or or any Subsidiary on the Restatement Effective Dateof its Subsidiaries. (b) Neither the Borrower nor any of its Subsidiaries Subsidiary is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There is is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement Collective Bargaining Agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against the Borrower or any of its Subsidiaries Subsidiaries, and (iii) to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, no union representation question exists existing with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jacobson Stores Inc)

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule VI hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or any Subsidiary on the Restatement Effective Date. (b) Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There isThere is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries and (iii) to the best knowledge of the Borrower, no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Grand Union Co /De/)

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Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule 7.34 hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements between or applicable to the Borrower Borrowers or any of its their U.S. Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or Borrowers or any Subsidiary on the Restatement Effective Dateof such U.S. Subsidiaries. (b) Neither the Borrower Borrowers nor any of its their U.S. Subsidiaries is engaged in any unfair labor practice that is would result in or could reasonably likely be expected to have result in a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There is is (i) no significant unfair labor practice complaint pending against the Borrower Borrowers or any of its their U.S. Subsidiaries or, to the best knowledge of the BorrowerBorrowers or any of their U.S. Subsidiaries, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement Collective Bargaining Agreement is now pending against the Borrower Borrowers or any of its their U.S. Subsidiaries or, to the best knowledge of the BorrowerBorrowers or any of their U.S. Subsidiaries, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower Borrowers or any of its their U.S. Subsidiaries or, to the best knowledge of the BorrowerBorrowers or any of their U.S. Subsidiaries, threatened against the Borrower Borrowers or any of its Subsidiaries their U.S. Subsidiaries, and (iii) to the best knowledge of the BorrowerBorrowers or any of their U.S. Subsidiaries, no union representation question exists existing with respect to the employees of the Borrower Borrowers or any of its their U.S. Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) where such as is actual or threatened complaint, grievance, or arbitration proceeding, strike, labor dispute, slowdown or stoppage, or union representation question would not result in and could not reasonably likely be expected to have result in a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Planet Hollywood International Inc)

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule 6.35 hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements Collective Bargaining Agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other over bargaining agent in respect of the employees of the Borrower and/or or any Subsidiary on the Restatement Effective Dateof its Subsidiaries. (b) Neither the Borrower nor any of its Subsidiaries Subsidiary is engaged in any unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There is is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement Collective Bargaining Agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against the Borrower or any of its Subsidiaries Subsidiaries, and (iii) to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, no union representation question exists existing with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun Television & Appliances Inc)

Labor Relations; Collective Bargaining Agreements. (a) Set forth on Annex IV Schedule 6.35 hereto is a list and description (including dates of termination) of all collective bargaining or similar agreements Collective Bargaining Agreements between or applicable to the Borrower or any of its Subsidiaries and any union, labor organization or other bargaining agent in respect of the employees of the Borrower and/or or any Subsidiary on the Restatement Effective Dateof its Subsidiaries. (b) Neither the Borrower nor any of its Subsidiaries Subsidiary is engaged in any activity which, to their knowledge, constitutes an unfair labor practice that is reasonably likely to have a material adverse effect on the Borrower or on the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect. There is is (i) no significant unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, before the National Labor Relations Board, and no significant grievance or significant arbitration proceeding arising out of or under any collective bargaining agreement Collective Bargaining Agreement is now pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against any of them, (ii) no significant strike, labor dispute, slowdown or stoppage is pending against the Borrower or any of its Subsidiaries or, to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened against the Borrower or any of its Subsidiaries Subsidiaries, and (iii) to the best knowledge of the BorrowerBorrower or any of its Subsidiaries, no union representation question exists existing with respect to the employees of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clause (i), (ii) or (iii) herein above, either individually or in the aggregate) such as is not reasonably likely to have a material adverse effect on the condition (financial or otherwise, determined pursuant to GAAP or SAP) businesses, operations, properties, assets, liabilities or investments of the Borrower and its Subsidiaries taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)

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