Common use of Census Clause in Contracts

Census. With respect to any twelve (12) month period during the Term, Borrowers will not allow the average patient census for all of the nursing homes listed on Schedule 4.15(b), when taken as a whole for such 12-month period, to fall more than 5% below the average 2007 patient census of 77.7% or by an amount that could be reasonably expected to have a Material Adverse Effect, provided, however, such calculation shall not include censes date from any New Operating Company that becomes a Borrower under this Agreement for at least twelve (12) months.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

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Census. With respect to any twelve (12) month period during the Term, Borrowers Borrower will not allow the average patient census for all of the nursing homes listed on Schedule 4.15(b), when taken as a whole for such 12-month period, to fall more than 5% below the average 2007 patient census of 77.7% or by shown on Schedule 4.15(b) in an amount that could be reasonably expected to have has a Material Adverse Effect, provided, however, such calculation shall not include censes date from any New Operating Company that becomes a Borrower under this Agreement for at least twelve (12) months.materially adverse effect on Borrower's business or operations. ARTICLE VIII

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Census. With respect to any twelve (12) month period during the Term, Borrowers Borrower will not allow the average patient census for all of the nursing homes listed on Schedule 4.15(b), when taken as a whole for such 12-month period, for the nursing homes listed on SCHEDULE 4.15 when taken as a whole, to fall more than 5% below ninety percent (90%) of the average 2007 aggregate patient census of 77.7% or by an amount that could be reasonably expected to have a Material Adverse Effectsuch nursing homes as of the Closing Date, provided, however, such calculation shall not include censes date from any New Operating Company that becomes a Borrower under this Agreement for at least twelve (12) months.as reflected on SCHEDULE 4.15

Appears in 1 contract

Samples: Loan and Security Agreement (LTC Healthcare Inc)

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Census. With respect to any twelve (12) month period during the Term, Borrowers Borrower will not allow the average patient census for all of such 12-month period, for the nursing homes listed on Schedule 4.15(b), 4.15 attached hereto when taken as a whole for such 12-month periodwhole, to fall more than 5% below eighty percent (80%) of the average 2007 aggregate patient census of 77.7% or by an amount that could be reasonably expected to have a Material Adverse Effectsuch nursing homes as of the Closing Date, provided, however, such calculation shall not include censes date from any New Operating Company that becomes a Borrower under this Agreement for at least twelve (12) months.as reflected on Schedule 4.15

Appears in 1 contract

Samples: Loan and Security Agreement (Retirement Care Associates Inc /Co/)

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