Certificates of Need. Borrower will not amend, alter or suspend or terminate or make provisional in any material way, any certificate of need or provider number without the prior written consent of Lender, which consent shall not be unreasonably withheld.
Certificates of Need. Except in the ordinary course of its business, amend, alter or suspend or terminate or make provisional in any material way, any certificate of need, provider number or provider agreement without the prior written consent of Collateral Agent, which consent shall not be unreasonably withheld.
Certificates of Need. (i) If required under applicable Healthcare Laws, Borrower has and shall maintain in full force and effect a valid CON for no less than the number of beds and units in the applicable Project as of the date of this Agreement. Borrower shall maintain any applicable CON free from restrictions or known conflicts which would materially impair the use or operation of the applicable Project for its current use, and shall not permit any CON to become provisional, probationary or restricted in any way.
Certificates of Need. Except as set forth on Schedule 3.23 hereto, no application for any Certificate of Need, Exemption Certificate (each as defined below) or declaratory ruling has been made by any Seller with TDH or other applicable agency which is currently pending or open before such agency, and no such application (collectively, the “Applications”) filed by any Seller within the past three (3) years has been ultimately denied by any commission, board or agency or withdrawn by such Seller. Except as set forth on Schedule 3.23, Sellers have not prepared, filed, supported or presented opposition to any Applications filed by another hospital or health agency within the past three (3) years. Except as set forth on Schedule 3.23 hereto, Sellers have neither any Applications pending nor any approved Applications which relate to projects not yet completed. As used herein, “Certificate of Need” means a written statement issued by TDH evidencing community need for a new, converted, expanded or otherwise significantly modified health care facility, health service or hospice, and “Exemption Certificate” means a written statement from TDH stating that a health care project is not subject to the Certificate of Need requirements under applicable state law.
Certificates of Need. Schedule 4.8 lists all certificate of need approvals held by Sellers with respect to the Facilities, which constitute all certificate of need approvals necessary for Sellers to own and operate the Facilities and the Purchased Assets and to carry on the Business as currently conducted. Seller and the Facilities, as applicable, are, and at all times have been, in material compliance with the terms and conditions of any such certificates of need approvals. Each such certificate of need is valid and in good standing and not subject to meritorious challenge.
Certificates of Need. Borrowers are the lawful owner of any certificates of need or other required license for the operation of each of the Facilities.
Certificates of Need. The Acute Care Hospital is grandfathered under Georgia law relative to Certificate of Need and no further Certificate of Need review or approval is required with respect to the sale of the Acute Care Hospital. No Certificate of Need applications, requests for letters of nonreviewability or determination requests pertaining to the Acute Care Hospital are currently pending with the Georgia Department of Community Health, Division of Health Planning (“DCH”). As used herein, “Certificate of Need” means a written statement issued by DCH evidencing community need for a new, converted, expanded or otherwise significantly modified health care facility, health service or capital expenditure. Seller has delivered to Buyer a copy of the Certificate of Need decision dated November 24, 1987, approving Seller’s application for the addition of 15 beds to the SNF. No Certificate of Need applications, requests for letters of nonreviewability or determination requests pertaining to the SNF are currently pending. Seller has delivered to Buyer a copy of the Certificate of Need decision dated December 17, 2010, approving Seller’s application for geriatric psychiatry.
Certificates of Need. Except as set forth on Schedule 3.24 hereto, no application for any Certificate of Need, Exemption Certificate (each as defined below) or declaratory ruling has been made by any Acquired Entity with any Governmental Authority that is currently pending or open before such Governmental Authority, and no such application (collectively, the “Applications”) filed by any Acquired Entity within the past three (3) years has been ultimately denied by any Governmental Authority or withdrawn by any Acquired Entity. Except as set forth on Schedule 3.24 hereto, (i) no Acquired Entity has had any Applications pending or any approved Applications that relate to projects not yet completed and (ii) neither Seller nor any Acquired Entity has prepared, filed or presented opposition to any Applications filed by any other Person during the past three (3) years. Each Acquired Entity has properly filed all required Applications which are complete and correct in all material respects with respect to any and all material improvements, projects, changes in services, zoning requirements, construction and equipment purchases, and other changes for which approval is required under any applicable federal or state Law. As used herein “Certificate of Need” means a written statement issued by a Governmental Authority evidencing community need for a new, converted, expanded or otherwise significantly modified health care facility, health service or hospice, and “Exemption Certificate” means a written statement from a Governmental Authority stating that a health care project is not subject to the Certificate of Need requirements under applicable state Law.
Certificates of Need. Except as set forth on Schedule 3.24 hereto, no application for any Certificate of Need, Exemption Certificate (each as defined below) or declaratory ruling has been made by any Acquired Entity with the appropriate state agency or other applicable agency that is currently pending or open before such agency, and no such application (collectively, the "Applications") filed by any Acquired Entity within the past three (3) years has been ultimately denied by any Governmental Authority or withdrawn by any Acquired Entity. Except as set forth on Schedule 3.24 hereto, no Acquired Entity has had any Applications pending or any approved Applications that relate to projects not yet completed. Each Acquired Entity has properly filed all required Applications which are complete and correct in all material respects with respect to any and all material improvements, projects, changes in services, zoning requirements, construction and equipment purchases, and other changes for which approval is required under any applicable federal or state Law. As used herein "Certificate of Need" means a written statement issued by the appropriate state agency evidencing community need for a new, converted, expanded or otherwise significantly modified health care facility, health service or hospice, and "Exemption Certificate" means a written statement from the appropriate state agency stating that a health care project is not subject to the Certificate of Need requirements under applicable state Law.
Certificates of Need. Except as set forth in Schedule 3.26 hereto, no application for any Certificate of Need, Exemption Certificate (each as defined below) or declaratory ruling has been made by any Seller Entity or the Partial Subsidiary with the State Health Agency or other applicable agency which is currently pending or open before such agency, and no such application (collectively, the “Applications”) filed by any Seller Entity or the Partial Subsidiary within the past three (3) years has been ultimately denied by any commission, board or agency or withdrawn by such Seller Entity or Partial Subsidiary. No Seller Entity or the Partial Subsidiary has prepared, filed, supported or presented opposition to any Applications filed by another hospital or health agency within the past three (3) years. Except as set forth in Schedule 3.26 hereto, no Seller Entity or the Partial Subsidiary has any Applications pending or any approved Applications which relate to projects not yet completed. As used herein, “Certificate of Need” means a written statement issued by the State Health Agency evidencing community need for a new, converted, expanded or otherwise significantly modified health care facility, health service or hospice, and “Exemption Certificate” means a written statement from the State Health Agency stating that a health care project is not subject to the Certificate of Need requirements under applicable state law.
