Common use of Offer to Hire Clause in Contracts

Offer to Hire. On the Closing Date, Buyer shall make an offer of employment to each Employee, including any employee hired since September 26, 2002. Each such offer of employment will (a) be effective as of the Closing, (b) provide for employment at such Employee's present employment location, (c) be at a salary or hourly wage rate that is no less than the salary or hourly wage rate of each such Employee in effect as of the date hereof or as the same may have been increased since the date hereof in the Ordinary Course of Business, (d) provide for employee benefits for the period beginning on the Closing Date and ending no earlier than December 31, 2002 that are substantially comparable in the aggregate to the employee benefits available to such Employee immediately prior to the Closing Date under the Employee Plans (or, in the case of Transferred Union Employees, provide for the period from the Closing Date to the expiration date of the applicable CBA employee benefits in accordance with the applicable CBA) and (e) be for a position with Buyer comparable to such Employee's position with Seller immediately before the Closing. Unless an Employee declines Buyer's offer of employment, each of the Employees shall be deemed to have accepted Buyer's offer of employment and shall become an employee of Buyer as of the Closing Date. The Employees who accept (or are deemed to accept) employment with Buyer shall be referred to herein as "Transferred Employees." Seller shall be solely responsible for the payment of all wages and other base compensation due to all Employees with respect to their service as such through the close of business on the Closing Date.

Offer to Hire. On As of the Closing DateEffective Date of Employment, Buyer shall make an offer to hire, in a comparable position and at the same rate of employment to pay, each Employee, including any active employee hired since September 26, 2002. Each such offer of employment will (a) be effective as of the Closing, (b) provide for employment at such Employee's present employment location, (c) be at a salary or hourly wage rate that Business who is no less than involved in the salary or hourly wage rate of each such Employee in effect as conduct of the date hereof or as the same may have been increased since the date hereof in the Ordinary Course of Business, (d) provide for employee benefits for the period beginning Business on the Closing Date and ending no earlier than December 31, 2002 that are substantially comparable in the aggregate to the employee benefits available to such Employee day immediately prior to the Closing Date under Date, and all those inactive employees of the Employee Plans (or, in the case of Transferred Union Employees, provide for the period from Business who are on approved leave on the Closing Date to because of jury duty, family or medical leave, sick leave, vacation or military duty or who are on long term disability under Seller's long term disability policy (collectively, the expiration date of the applicable CBA employee benefits in accordance with the applicable CBA) and (e) be for a position with Buyer comparable to such Employee's position with Seller immediately before the Closing"Business Employees"). Unless an Each Business Employee declines Buyer's offer of employment, each of the Employees shall be deemed to have accepted who accepts Buyer's offer of employment and shall become an employee of Buyer as of the Effective Date of Employment; each such employee shall be employed by Buyer as an at will employee unless Buyer has entered into an employment agreement with the employee that specifically provides otherwise. Buyer shall be responsible for any obligations or liabilities to the Business Employees under the Worker Adjustment and Retraining Notification Act and any similar state or local "plant closing" law ("WARN") to the extent WARN thresholds are exceeded as a result of action taken by Buyer on or after the Closing Date with respect to the Business Employees. Seller shall be responsible for any obligations or liabilities to the Business Employees under WARN as a result of actions taken by Seller prior to the Closing Date. The During the period between the Closing Date and the Effective Date of Employment, the Business Employees who accept (shall remain employees of Seller. In the event that Seller terminates a Business Employee or are any Business Employee's employment terminates prior to the Effective Date of Employment for any other reason and Seller replaces any such Business Employee in accordance with the terms of the Transition Services Agreement, such replacement employee shall be deemed to accept) employment with be a Business Employee for purposes of this Agreement and Buyer shall be referred offer to herein hire each such Business Employee as "Transferred Employeesof the Effective Date of Employment in the same manner as described for each other Business Employee in this Section 7.15(a)." Seller shall be solely responsible for the payment of all wages and other base compensation due to all Employees with respect to their service as such through the close of business on the Closing Date.

Offer to Hire. On Effective as of the Closing Date, Buyer shall make an offer to hire, in a comparable position and at the same rate of employment to pay, each Employee, including any employee hired since September 26, 2002. Each such offer of employment will (a) be effective as active Business Employee who is primarily involved in the conduct of the Closing, (b) provide for employment at such Employee's present employment location, (c) be at a salary or hourly wage rate that is no less than the salary or hourly wage rate of each such Employee in effect as of the date hereof or as the same may have been increased since the date hereof in the Ordinary Course of Business, (d) provide for employee benefits for the period beginning Business on the Closing Date and ending no earlier than December 31, 2002 that are substantially comparable in the aggregate to the employee benefits available to such Employee day immediately prior to the Closing Date under the Employee Plans (orDate, in the case of Transferred Union Employees, provide for the period from and all those inactive Business Employees who are on approved leave on the Closing Date to the expiration date because of jury duty, family or medical leave, sick leave, vacation or military duty or who are on long term disability under Seller's long term disability policy but excluding those Business Employees listed on Section 6.17 of the applicable CBA employee benefits in accordance with the applicable CBA) and (e) be for Company Disclosure Schedule entitled "Non-Hired Business Employees." Unless a position with Buyer comparable to such Employee's position with Seller immediately before the Closing. Unless an Business Employee declines Buyer's offer of employment, each of the Business Employees shall be deemed to have accepted Buyer's offer of employment and shall become an employee of Buyer as of the Closing Date. The Employees who accept (or are deemed to accept) employment with Buyer shall be referred responsible for any obligations or liabilities to herein the Business Employees under the Worker Adjustment and Retraining Notification Act and any similar state or local "plant closing" law ("WARN") to the extent WARN thresholds are exceeded as "Transferred a result of action taken by Buyer on or after the Closing Date with respect to the Business Employees." . Seller shall be solely responsible for any obligations or liabilities to the payment Business Employees under WARN as a result of all wages and other base compensation due actions taken by Seller prior to all Employees with respect to their service as such through the close of business on the Closing Date.

Offer to Hire. On No later than the later of (x) five (5) days after the entry of the Sale Order, or (y) forty-five (45) days after receipt by Purchaser of the Business Employee Schedule, Purchaser shall (i) pursuant to a written offer letter (an "Offer Letter") offer to hire, effective as of the Closing Date, Buyer such of the Business Employees set forth on the Business Employee Schedule as it may choose and (ii) deliver to Genuity a complete and accurate schedule (the "Business Employee Offeree Schedule") setting forth the name and title of each Business Employee who Purchaser has offered to hire (each such Business Employee, a "Business Employee Offeree"), and (A) the proposed annual base salary or hourly rate, as applicable, for each Business Employee Offeree, (B) the proposed job title of each such Business Employee Offeree as an employee of Purchaser, and (C) the primary geographical location where each Business Employee Offeree is expected to perform the duties of his or her employment with Purchaser. Purchaser shall make an promptly provide Genuity with a copy of each Offer Letter. Those Business Employee Offerees who accept Purchaser's offer of employment are referred to each Employee, including any employee hired since September 26, 2002. Each such offer of employment will (a) be effective as of the Closing, (b) provide for employment at such Employee's present employment location, (c) be at a salary or hourly wage rate that is no less than the salary or hourly wage rate of each such Employee in effect as of the date hereof or as the same may have been increased since the date hereof in the Ordinary Course of Business, (d) provide for employee benefits for the period beginning on the Closing Date and ending no earlier "Transferred Employees." Other than December 31, 2002 that are substantially comparable in the aggregate with respect to the employee benefits available its obligations to such Employee immediately be performed prior to the Closing Date under the Employee Plans (or, in the case of Transferred Union Employees, provide for the period from the Closing Date to the expiration date of the applicable CBA employee benefits in accordance with the applicable CBASection 11.1(b) and (ec), and those set forth in Section 11.6, Purchaser shall have no liability or obligation whatsoever with respect to (i) be for a position with Buyer comparable to any Business Employee Offeree until such Employee's position with Seller immediately before the Closing. Unless an time as such Business Employee declines Buyer's offer of employment, each of the Employees shall be deemed to have accepted BuyerOfferee accepts Purchaser's offer of employment and commences employment with Purchaser or an Affiliate of Purchaser or (ii) any Business Employee, including any Business Employee Offeree, who is not a Transferred Employee. Purchaser shall become an employee of Buyer deliver to Genuity not later than fifteen (15) days subsequent to the Closing Date a complete and accurate schedule setting forth, as of the Closing Date. The Employees who accept (or are deemed to accept) employment with Buyer shall be referred to herein as ", the name, title and primary geographical work location of each Transferred EmployeesEmployee." Seller shall be solely responsible for the payment of all wages and other base compensation due to all Employees with respect to their service as such through the close of business on the Closing Date.