Common use of Actions; Suits; Proceedings Clause in Contracts

Actions; Suits; Proceedings. (a) There are no judicial, administrative, mediation or arbitration actions, suits or proceedings pending or, to the best of Borrower’s knowledge, threatened in writing against or affecting Borrower (and, if Borrower is a limited partnership, any of its general partners or if Borrower is a limited liability company, any member of Borrower) or the Mortgaged Property which, if adversely determined, would have a Material Adverse Effect. (b) Without limiting the generality of subsection (a) above, none of Borrower (and, if Borrower is a limited partnership, any of its general partners or if Borrower is a limited liability company, any member of Borrower), any Facility Operator, or the Facility are subject to any proceeding, suit or investigation by any Governmental Authority. Neither Borrower nor any Facility Operator has received any notice from any Governmental Authority which may, directly or indirectly, or with the passage of time, have a Material Adverse Effect or otherwise result in any of the following: (i) The imposition of a fine, interim sanction, or final sanction. (ii) A lower reimbursement rate for services rendered to eligible residents. (iii) The Downgrade, revocation, transfer, surrender or suspension, or non-renewal or reissuance, or any other impairment of any License. (iv) The appointment of a receiver or trustee. (v) Impairment of Borrower’s or any Facility Operator’s ability to accept and retain residents. (vi) Impairment of Borrower’s or Facility Operator’s continued participation in any Governmental Payor Program, or any successor programs thereto, at current rate certifications.

Actions; Suits; Proceedings. (a) There are no judicial, administrative, mediation or arbitration actions, suits or proceedings pending or, to the best of Borrower’s knowledge, threatened in writing against or affecting Borrower (and, if Borrower is a limited partnership, any of its general partners or if Borrower is a limited liability company, any member of Borrower) or the Mortgaged Property which, if adversely determined, would have a Material Adverse Effect. (b) Without limiting the generality of subsection (a) above, none of Borrower (and, if Borrower is a limited partnership, any of its general partners or if Borrower is a limited liability company, any member of Borrower), any Facility Operator, or the Facility are subject to any proceeding, suit or investigation by any Governmental Authority. Neither Borrower nor any Facility Operator has received any notice from any Governmental Authority which may, directly or indirectly, or with the passage of time, have a Material Adverse Effect or otherwise result in any of the following: (i) The imposition of a fine, interim sanction, or final sanction. (ii) A lower reimbursement rate for services rendered to eligible residents. (iii) The Downgrade, revocation, transfer, surrender or suspension, or non-renewal or reissuance, or any other impairment of any Facility License. (iv) The appointment of a receiver or trustee. (v) Impairment of Borrower’s or any Facility Operator’s ability to accept and retain residents. (vi) Impairment of Borrower’s or Facility Operator’s continued participation in any Governmental Payor Program, or any successor programs thereto, at current rate certifications.