List of Workers, Etc. To the Knowledge of the Company, Schedule 5.12(b) sets forth an accurate and complete list, as of the date of this Agreement, of all (i) employees (including each employee’s name, title or position, present annual or hourly compensation, designation as exempt or nonexempt, and years of service), and (ii) individuals who are classified as independent contractors (including the respective compensation of each independent contractor) (such individuals described in clauses (i) and (ii) above are collectively referred to herein as “Workers”), in the case of clause (i) above, of the Company and its Subsidiaries, and in the case of clause (ii) above, who are currently performing services for the Company or its Subsidiaries. Neither the Company nor any of its Subsidiaries is delinquent in payments to any such Worker for any material wages, salaries, commissions, bonuses or other compensation for any services performed by any such Worker or for any other amounts required to be reimbursed by the Company or any of its Subsidiaries to any such Worker (including vacation, sick leave, other paid time off or severance pay). Except as set forth on Schedule 5.12(b), since December 31, 2010, neither the Company nor any of its Subsidiaries has increased the salary of any employee with an annual base salary of more than $100,000 by more than 7% or granted an increase in bonus of more than $5,000. Except as set forth on Schedule 5.12(b), neither the Company nor any of its Subsidiaries employs any employee who cannot be dismissed immediately, whether currently or immediately after the transactions contemplated by this Agreement and the Ancillary Agreements, without notice and without further liability to the Company or any of its Subsidiaries, as applicable, subject to applicable Laws relating to employment discrimination.
List of Workers, Etc. To the Knowledge of the Buyer, Schedule 6.12(b) sets forth an accurate and complete list, as of the date of this Agreement, of all (i) Workers that are employees of the Checksmart Parties (including each such Worker’s name, title or position, present annual or hourly compensation, designation as exempt or nonexempt and years of service), and (ii) Workers who are classified as independent contractors (including the respective compensation of each such Worker) currently performing services for the Checksmart Parties. None of the Checksmart Parties is delinquent in payments to any such Worker for any material wages, salaries, commissions, bonuses or other compensation for any services performed by any such Worker or for any other amounts required to be reimbursed by the Checksmart Parties to any such Worker (including vacation, sick leave, other paid time off or severance pay). Except as set forth on Schedule 6.12(b), since December 31, 2010, none of the Checksmart Parties has increased the salary of any employee with an annual base salary of more than $100,000 by more than 7% or granted an increase in bonus of more than $5,000. Except as set forth on Schedule 6.12(b), no Checksmart Party employs any employee who cannot be dismissed immediately, whether currently or immediately after the transactions contemplated by this Agreement and the Ancillary Agreements, without notice and without further liability to the applicable Checksmart Party, subject to applicable Laws relating to employment discrimination.
List of Workers, Etc. QC Holdings has provided an accurate and complete list, as of the date of this Agreement, of all (i) employees (including each employee’s name, title or position, present annual or hourly compensation, designation as exempt or nonexempt, and years of service), and (ii) individuals who are classified as independent contractors (including the respective compensation of each independent contractor) (such individuals described in clauses (i) and (ii) above are collectively referred to herein as “QC Workers”; it being agreed and understood that such QC Workers shall only include store level employees, store managers, area managers and regional managers), in the case of clause (i) above, of, or who perform work for any of, QFOC or QFCS (to the extent they perform work related to the business conducted at QFCS Locations), and in the case of clause (ii) above, who are currently performing services for QFOC or QFCS (to the extent they perform work related to the business conducted at QFCS Locations). As of the Closing Date, other than amounts described in Section 6.7, the Wages of (i) each such QC Worker and (ii) each Past QC Employee have been paid, in full, in each case, for any services performed by any such QC Worker or Past QC Employee or for any other amounts required to be reimbursed to any such QC Worker or Past QC Employee (including, without limitation, expense reimbursements, vacation, break time worked, meal time worked, sick leave, other paid time off or severance pay) in each case, on and as of the Closing Date, and none of QFOC or QFCS has any liability for any such Wages or other amounts. None of QFOC or QCFS employs any employee (to the extent such employee performs work related to the business conducted at QFCS Locations) who cannot be dismissed immediately, whether currently or immediately after the transactions contemplated by this Agreement and the Ancillary Agreements, without notice and without further liability to QFOC or QFCS, as applicable, subject to applicable Laws relating to employment discrimination.
