Certificate of Need. If required under applicable Law, each Borrower has and shall maintain in full force and effect a valid certificate of need (“CON”) or similar certificates, license, permit, registration, certification or approval issued by the State Regulator for the requisite number of beds in each Property (the “Licenses”). Borrower shall cause to be operated the Location and the Property in a manner such that the Licenses shall remain in full force and effect at all times, except to the extent the failure to do so would not cause a Material Adverse Effect or a material adverse effect on the prospects of the Borrowers on a consolidated basis. True and complete copies of the Licenses have been delivered to Administrative Agent.
Certificate of Need. Under applicable laws and regulations as in effect on the date of this Loan Agreement, if any existing management agreement or operating lease is terminated or Lender acquires the Facility through foreclosure or otherwise, none of Borrower, Lender, any subsequent operator or management agent, or any subsequent purchaser (through foreclosure or otherwise) must obtain a certificate of need from any Governmental Authority (other than giving of any notice required under the applicable state law or regulation) prior to applying for any License, so long as neither the type of service nor any unit complement is changed.
Certificate of Need. 3.7 Closing................................................................................................. 2.1
Certificate of Need. Landlord shall not independently transfer, convey or encumber the certificate of need for the Facility ("CON") or any rights therein or thereunder to any Person other than a Fee Mortgagee or a transferee of all or substantially all of the Premises, and Landlord shall take all actions reasonably necessary and appropriate to maintain the validity of the CON during the Term. Each party shall provide the other with copies of all notices from, and correspondence with, any State authorities regarding the CON, promptly after receipt thereof.
Certificate of Need. Seller covenants to Buyer that Seller shall cooperate from time to time as reasonably requested by Buyer in Buyer's efforts to obtain the issuance of a Certificate of Need, if any is needed, the approval of the New York Public Health Council, and other necessary regulatory approvals for consummation of the transactions contemplated hereby. Subject to the foregoing, Buyer shall have responsibility for obtaining all approvals, permits, licenses, and Certificates of Need, as applicable, necessary for the conduct of the Business following Closing and shall be responsible for its costs in obtaining and maintaining same.
Certificate of Need. Not or will not allow Lessee to relinquish or alienate any certificate of need or other right to operate beds, or transfer a material number of patients out of a Facility if the result of such would have a Material Adverse Effect.
Certificate of Need. No Certificate of Need is required by CMHC from any state regulatory agency for the operation of the Program.
Certificate of Need. The parties hereto acknowledge that the installation and use of the Equipment by Yale is conditional upon the issuance of a Certificate of Need (hereinafter “CON”) by the Connecticut Commission on Hospitals and Health Services. Yale will use all reasonable efforts to obtain a CON, however, in the event a CON is denied or its issuance is conditioned upon circumstances or events beyond Yale1s reasonable control, then in such event this Agreement shall be rendered null and void and all parties shall thereafter be excused from performing any obligation or duty hereunder.
Certificate of Need. To each Borrower's knowledge, the Tenants or operators of the Projects are the lawful owners of any certificate of need or other required license for the ownership, lease, management and/or operation of the Project. To each Borrower's knowledge, in the event that Agent or Lenders acquire any of the Projects through foreclosure or otherwise, neither the Borrowers nor Agent or any Lender, nor any purchaser of such Project (through a foreclosure or otherwise), must obtain a certificate of need from any applicable state healthcare regulatory authority or agency (other than giving such notice required under the applicable state law or regulation) prior to applying for and receiving a license to operate such Project and certification to receive Medicare and Medicaid payments (and any successor program) for patients having coverage thereunder, provided that neither the services offered at the Project nor the number of beds operated would be changed.
Certificate of Need. If required under applicable Law, Borrower has, or Borrower shall cause Operator to have, and shall maintain in full force and effect a valid certificate of need (“CON”) or similar certificates, license, permit, registration, certification or approval issued by the State/Commonwealth Regulator for the requisite number of beds in the Facility (the “Licenses”). Borrower shall cause to be operated the Facility in a manner such that the Licenses shall remain in full force and effect at all times. True and complete copies of the Licenses have been delivered to Lender.
