Common use of Availability of Employees Clause in Contracts

Availability of Employees. Seller shall not, and shall cause its Affiliates to not, induce or otherwise attempt to influence any Business Employee to resign or to not accept his or her offer of employment from U.S. Buyer or the Applicable Buyer Affiliate. Seller will use commercially reasonable efforts and act in good faith to ensure that those Business Employees whose employment does not automatically transfer to the Applicable Buyer Affiliate pursuant to Section 9.3(c)(ii) will be available for employment with the Applicable Buyer Affiliate after the Closing Date, but Seller does not guarantee that any of the Business Employees whose employment does not automatically transfer to Buyers pursuant to Section 9.3(c)(ii) will accept an offer of employment or become employed by U.S. Buyer or an Applicable Buyer Affiliate after the Closing.