Common use of Offer of Employment Clause in Contracts

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller shall provide Buyer with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer and Seller agree as follows: If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. If such Inactive Business Employee returns to work within twelve (12) months after the Closing but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer will hire such Inactive Business Employee if any comparable position with Buyer is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller shall provide Buyer with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer and Seller agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after on or before the Closing Anniversary Date but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer will hire such Inactive Business Employee only if any a comparable position with Buyer is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer is available at such time, such Inactive Business Employee will be given thirty (30) days from the date he or she returns to work to apply for other positions with Buyer. Such Inactive Business Employee will remain employed by Seller unless and until hired by Buyer during such thirty (30) day period. If such Inactive Business Employee is not become offered a Transferred Employee and position with Buyer within such thirty (30) day period, Buyer shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller shall provide Buyer with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer and Seller agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after the Closing but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer will hire such Inactive Business Employee if any comparable position with Buyer is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer CCBCC shall have made offers of employment applicable to each Business Employee, provided that Buyer CCBCC shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller CCR shall provide Buyer CCBCC with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer CCBCC and Seller CCR agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer CCBCC agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after the Closing but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer CCBCC will hire such Inactive Business Employee if any comparable position with Buyer CCBCC is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer CCBCC is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer CCBCC shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with BuyerCCBCC.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer CCBCC shall have made offers of employment applicable to each Business Employee, provided that Buyer CCBCC shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller CCR shall provide Buyer CCBCC with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer CCBCC and Seller CCR agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer CCBCC agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after on or before the Closing Anniversary Date but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer CCBCC will hire such Inactive Business Employee only if any a comparable position with Buyer CCBCC is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer CCBCC is available at such time, such Inactive Business Employee will be given thirty (30) days from the date he or she returns to work to apply for other positions with CCBCC. Such Inactive Business Employee will remain employed by CCR unless and until hired by CCBCC during such thirty (30) day period. If such Inactive Business Employee is not become offered a Transferred Employee and Buyer position with CCBCC within such thirty (30) day period, CCBCC shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer.

Offer of Employment. (a) Prior to and effective upon the Closing, Buyer shall make written offers of employment on the terms set forth in Section 9.3(b) and with substantially the same job description, to not less than ninety-eight percent (98%) of all Active Seller Employees. During the Pre-Closing Period, Sellers will make all employees of Rave Cinemas that work at the Corporate Headquarters (the “Corporate Employees”) reasonably available to Buyer for employment interviews. At the Closing, Buyer will have the option, in its sole discretion, to attempt to hire any Corporate Employee. To the extent such offers of employment are accepted, upon accepting such offers of employment, effective as of the Closing Date, except as such Corporate Employees and Active Seller Employees’ employment with Sellers shall terminate. “Active Seller Employees” are all Seller Employees, including those Seller Employees on a short-term approved leave of absence pursuant to the leave policies of any Seller, or on vacation or layoff status, but excluding any employees on military leave, short-term or long-term disability or any other type of medical leave or otherwise provided in this Section 2.1absent from work on the applicable Closing Date (collectively, the “Non-Active Seller Employees”). With respect to Non-Active Seller Employees, if any Non-Active Seller Employee presents himself or herself to Buyer for active employment upon expiration of such Non-Active Seller Employee’s leave, Buyer shall have made offers of employment applicable offer, or cause to each Business Employeebe offered, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, such Non-Active Seller shall provide Buyer with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer and Seller agree as follows: If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees to hire such Inactive Business Employee, effective upon his or her return to work the extent required by Legal Requirements or to the extent otherwise determined by Buyer, in its sole and upon such terms absolute discretion. All Seller Employees and conditions Corporate Employees who receive offers of employment from Buyer pursuant to this Section 9.3(a) are referred to herein as set forth in the FMLA. If such Inactive Business Employee returns to work within twelve (12) months after the Closing but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer will hire such Inactive Business Employee if any comparable position with Buyer is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer“Offer Employees”.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer the CCBCC Parties shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller CCBC United shall provide Buyer the CCBCC Parties with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer CCBC United and Seller the CCBCC Parties agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees the CCBCC Parties agree to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after on or before the Closing Anniversary Date but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer the CCBCC Parties will hire such Inactive Business Employee only if any a comparable position with Buyer the CCBCC Parties is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer the CCBCC Parties is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer the CCBCC Parties shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyerthe CCBCC Parties.

Offer of Employment. (a) Prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer CCBC United shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an offer of employment to the Selected Employees. Prior to the Closing Date, Seller the CCBCC Parties shall provide Buyer CCBC United with a list of the Business Employees to whom such offers of employment shall be made, which list may be subject to modification but shall be final as of the date immediately prior to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer CCBC United and Seller the CCBCC Parties agree as follows: : (i) If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer CCBC United agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as set forth in the FMLA. . (ii) If such Inactive Business Employee returns to work within twelve (12) months after on or before the Closing Anniversary Date but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer CCBC United will hire such Inactive Business Employee only if any a comparable position with Buyer CCBC United is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer CCBC United is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer CCBC United shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with BuyerCCBC United.

Offer of Employment. At least five (a5) Prior days prior to the Closing Date, except as otherwise provided in this Section 2.1, Buyer or one of its affiliates shall have made offers of employment applicable to each Business Employee, provided that Buyer shall not be required to make an a written offer of employment to the Selected Employees. Prior to employment, effective as of the Closing Date, Seller shall provide Buyer with a list to (i) no less than one hundred percent (100%) of the Covered Employee employed at a Store that are subject to an Affected Labor Agreement, and any other Covered Employee employed at a Store that Buyer deems necessary (as determined in consultation with Sellers) in order to operate the Business as of the Closing Date, and (ii) at least fifty percent (50%) of the Covered Employees employed at the PDC that are subject to whom an Affected Labor Agreement, and any other Covered Employee employed at the PDC that Buyer deems necessary (as determined in consultation with Sellers) in order to operate the Business of the Closing Date, in each case (A) at the same location of employment as such Covered Employee’s location of employment as of immediately prior to Closing, (B) on the same terms and conditions of employment as in effect immediately prior to Closing, except as modified by a Modified Labor Agreement, or as otherwise set forth in this Agreement, and (C) with compensation and benefits at a level consistent with the compensation and benefits offered to Buyer’s employees in its other locations and otherwise with Section 6.4(c). For purposes of this Section 6.4, any Covered Employee who becomes employed by Buyer or one of its Affiliates in accordance with this Section 6.4(a) is referred to as a “Transferred Employee.” With respect to union-represented Covered Employees, such offers shall also be consistent with the terms and conditions required by the Modified Labor Agreements, as applicable. With respect to any Covered Employee who is on a long-term disability leave of absence as of the Closing Date, such offer shall be contingent upon such Covered Employee returning to active status within a reasonable period. Notwithstanding the foregoing, nothing herein shall be construed as to prevent Buyer from terminating the employment of any Covered Employee, consistent with applicable law and the governing Modified Labor Agreements, as applicable, at any time following the Closing Date. All offers of employment to Covered Employees not governed by a Modified Labor Agreement shall be made, which list may be subject to modification but shall be final as of the date immediately prior for “at will” employment. Notwithstanding anything to the Closing Date and is attached hereto as Exhibit A. (b) With respect to each Inactive Business Employee, Buyer and Seller agree as follows: If such Inactive Business Employee returns to work during the period during which such Inactive Business Employee’s employment is protected under the FMLA, then Buyer agrees to hire such Inactive Business Employee, effective upon his or her return to work and upon such terms and conditions as contrary set forth in the FMLAthis Section 6.4, no Covered Employee shall be offered an employment contract. If such Inactive Business Employee returns to work within twelve (12) months after the Closing but after the period during which such Inactive Business Employee’s employment is protected under the FMLA, Buyer will hire such Inactive Business Employee if any comparable position with Buyer is available for which such Inactive Business Employee is qualified. If no such comparable position with Buyer is available at such time, such Inactive Business Employee will not become a Transferred Employee and Buyer Sellers shall have no further obligation with respect to such Inactive Business Employee. Such Inactive Business Employee may apply for vacant positions with Buyer.40