RSA 275-F:4 Exceptions.

I. In a mass layoff or plant closing, an employer is not required to comply with the notice requirement of RSA 275-F:3 if:
(a) The employer is a faltering company and at the time that notice would have been required, the employer was actively seeking capital in the form of loans, or the issuance of stocks, bonds, or other methods of internally generated financing, or additional money, credit, or business through a commercially reasonable method which opportunities were objectively realistic; and
(1) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the mass layoff or plant closing; and
(2) The employer reasonably and in good faith believed that giving the notice required by RSA 275-F:3 would have precluded the employe