Adverse Matters. The Seller has determined the Property may be subject to the following potential or existing title issues, liabilities, claims or responsibilities (“Adverse Matters”):
Adverse Matters. Notwithstanding anything to the contrary in this Agreement, the Members hereby agree that with respect to any dispute, claim, litigation, arbitration, mediation or similar adverse action or proceeding between or involving the Company or any of its Subsidiaries, on the one hand, and any Member or any Affiliate of any Member, on the other hand, the Company shall act at the direction of a majority of the Board of Managers excluding for such purpose all Managers nominated by or otherwise Affiliated with such Member or its Affiliate.
Adverse Matters. The Borrower will promptly notify the Lender in writing of (a) any condition, event or act that comes to its attention that is reasonably likely to have a Material Adverse Effect; or (b) the occurrence of any Default or Event of Default.
Adverse Matters. The Board shall not, however, be required to pay any costs of any legal representation in the event the Board and the Superintendent are adverse parties in any termination proceedings.
Adverse Matters. No Tenant nor (to Tenant’s knowledge) any Tenant Parties have been disqualified from participating in either the Medicare or Medicaid programs. Without limitation of the foregoing, no Tenant nor (to Tenant’s knowledge) any of their respective officers, directors, members or managing employees or other contractors, subcontractors, employees or agents has engaged in any activities that are prohibited under criminal law, or are cause for civil penalties or mandatory or permissive exclusion from any Third Party Payor Program or any governmental health care program. There is no, and there shall continue to be no, to Tenant’s knowledge threatened, existing or pending revocation, suspension, termination, probation, restriction, limitation or non-renewal affecting any Tenant or any Facility with regard to participation in any Third Party Payor Program or the applicable Authorizations to which any Tenant or Facility presently or at any time hereafter is/are subject.
Adverse Matters. 30 10.9 Certification..................................................................................30 10.10 No Reimbursement Audits or Appeals.............................................................30 10.11
Adverse Matters. 41 10.9 Certification...................................................41 10.10 Transition Permits..............................................41 10.11
Adverse Matters. Except as set forth in the SEC Reports or as provided on SCHEDULE 4.8 hereto, Parent is unaware of any fact or circumstance which is reasonably likely to have a material adverse effect on the business, financial condition, results of operation, assets, liabilities, value or prospects of Parent.
Adverse Matters. Except as set forth on Schedule 24.8, no Tenant Entity nor any of their respective officers, directors, members, or employees have been disqualified from participating in either the Medicare or Medicaid programs. Without limitation of the foregoing, except as set forth on Schedule 24.8, no Tenant Entity nor any of their respective officers, directors, members or managing employees has engaged in any activities that are prohibited under criminal law, or are cause for civil penalties or mandatory or permissive exclusion from Medicare, or any other state health care program. Other than as set forth on Schedule 24.8, there is no, and there shall continue to be no, threatened, existing or pending revocation, suspension, termination, probation, restriction, limitation or non-renewal affecting any Tenant or any Facility with regard to participation in A request for confidential treatment has been made with respect to portions of this document that are marked ‘[*****]’. The redacted portions have been filed separately with the SEC. 77 Master Lease (OHI - Diversicare) Derwent – 9.25.18 Medicare, Medicaid or any other Third Party Payor Programs or the applicable Authorizations to which any Tenant Entity or Facility presently or at any time hereafter is/are subject. Except as set forth on Schedule 24.8, no Tenant Entity or Affiliate of Tenant: (a) is a party to a Corporate Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services; (b) has reporting obligations pursuant to any Settlement Agreement entered into with any Governmental Authorities; (c) is the subject of any government payor program investigation conducted by any federal or state enforcement agency; (d) is a defendant in any qui tam or False Claims Act litigation; or (e) has been served with or received any currently effective search warrant or subpoena (except in connection with medical services provided to third-parties who may be defendants or the subject of investigation into conduct unrelated to the operation of the healthcare businesses conducted by the Tenant Entities or Affiliates of Tenant). Within thirty (30) days of Tenant first becoming aware of such matter, Tenant shall update and supplement Schedule 24.8 with such matters first arising after the Commencement Date and such updates and supplements shall be effective for all purposes under this Lease.
Adverse Matters. Except as set forth on Schedule 24.8, no Tenant Entity nor any of their respective officers, directors, members, or employees have been disqualified from participating in either the Medicare or Medicaid programs. Without limitation of the foregoing, except as set forth on Schedule 24.8, no Tenant Entity nor any of their respective officers, directors, members or managing employees has engaged in any activities that are prohibited under criminal law, or are cause for civil penalties or mandatory or permissive exclusion from Medicare, or any other state health care program. Other than as set forth on Schedule 24.8, there is no, and there shall continue to be no, threatened, existing or pending revocation, suspension, termination, probation, restriction, limitation or non-renewal affecting any Tenant or any Facility with regard to participation in Medicare, Medicaid or any other Third Party Payor Programs or the applicable Authorizations to which any Tenant Entity or Facility presently or at any time hereafter is/are subject. Except as set forth on Schedule 24.8, no Tenant Entity or Affiliate of Tenant: (a) is a party to a Corporate Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services; (b) has reporting obligations pursuant to any Settlement Agreement entered into with any Governmental Authorities; (c) is the subject of any government payor program investigation conducted by any federal or state enforcement agency; (d) is a defendant in any qui tam or False Claims Act litigation; or (e) has been served with or received any currently effective search warrant or subpoena (except in connection with medical services provided to third-parties who may be defendants or the subject of investigation into conduct unrelated to the operation of the healthcare businesses conducted by the Tenant Entities or Affiliates of Tenant). Within thirty (30) days of Tenant first becoming aware of such matter, Tenant shall update and supplement Schedule 24.8 with such matters first arising after the Commencement Date and such updates and supplements shall be effective for all purposes under this Lease.
