Common use of Compliance with the WARN Act Clause in Contracts

Compliance with the WARN Act. Since January 23, 2004, none of the Acquired Entities has (a) effectuated a “plant closing” (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of any of the Acquired Entities, (b) effectuated a “mass layoff” (as defined in the WARN Act) affecting any site of employment or facility of any of the Acquired Entities or (c) been affected by any transaction which would, or engaged in layoffs or employment terminations sufficient in number to, trigger application of any similar Law. None of the employees of any of the Acquired Entities or an Affiliate thereof has suffered an “employment loss” (as defined in the WARN Act) since six (6) months prior to the date of this Agreement.

Compliance with the WARN Act. Since January 23, 2004, none of the Acquired Entities has (a) effectuated a “"plant closing” " (as defined in the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of any of the Acquired Entities, (b) effectuated a “"mass layoff” " (as defined in the WARN Act) affecting any site of employment or facility of any of the Acquired Entities or (c) been affected by any transaction which would, or engaged in layoffs or employment terminations sufficient in number to, trigger application of any similar Law. None of the employees of any of the Acquired Entities or an Affiliate thereof has suffered an “"employment loss” " (as defined in the WARN Act) since six (6) months prior to the date of this Agreement.