Common use of Restrictions; Labor Disputes; Labor Contracts Clause in Contracts

Restrictions; Labor Disputes; Labor Contracts. Except as described in Schedule 9.8, Borrower is not a party or subject to, any charge, corporate restriction, judgment, decree or order, for which Borrower’s compliance or non-compliance could have a Material Adverse Effect. Except as described on Schedule 9.8, Borrower is not (i) a party to any written employment contract or labor contract or (ii) the subject of any labor dispute. No collective bargaining agreement or other labor contract identified on Schedule 9.8 is scheduled to expire during the term of this Agreement except as described on Schedule 9.8. No union or other labor organization is seeking to organize, or to be recognized as, a collective bargaining unit of employees of Borrower or any of its Subsidiaries or for any similar purpose. To Borrower’s knowledge, after due inquiry, no key employee of Borrower is subject to any agreement in favor of anyone other than Borrower which restricts or limits that individual’s right to engage in the type of business activity conducted by Borrower in any manner which could materially impair the ability of such individual to carry out his or her duties with Borrower or to use any property or confidential information or which grants to any Person, other than Borrower, any rights to inventions or other ideas susceptible to legal protection developed or conceived by any such key employee of Borrower. Each of the Employment Agreements and the Non-Competition Agreements is in the form attached to the Merger Agreement.

Restrictions; Labor Disputes; Labor Contracts. Except as described in Schedule 9.8, no Borrower is not a party or subject to, any charge, corporate restriction, judgment, decree or order, for which such Borrower’s 's compliance or non-compliance could reasonably be expected to have a Material Adverse Effect. Except as described on Schedule 9.8, no Borrower is not (i) a party to any written employment contract or labor contract or (ii) the subject of any labor dispute. No collective bargaining agreement or other labor contract identified on Schedule 9.8 is scheduled to expire during the term of this Agreement except as described on Schedule 9.8. No union or other labor organization is seeking to organize, or to be recognized as, a collective bargaining unit of employees of any Borrower or any of its Subsidiaries or for any similar purpose. To each Borrower’s knowledge, after due inquiry, 's knowledge no key employee of any Borrower is subject to any agreement in favor of anyone other than Borrower which restricts or limits that individual’s 's right to engage in the type of business activity conducted by such Borrower in any manner which could materially impair the ability of such individual to carry out his or her duties with such Borrower or to use any property or confidential information or which grants to any Person, other than such Borrower, any rights to inventions or other ideas susceptible to legal protection developed or conceived by any such key employee of such Borrower. Each of the Employment Agreements and the Non-Competition Agreements is in the form attached to the Merger Agreement.