Common use of Certificates of Need Clause in Contracts

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filed by any Seller within the past three (3) years has been ultimately denied by any commission, board or agency or withdrawn by such Seller.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. Except as set forth on in Schedule 3.23 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 with TDH 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by any Seller Entity within the past three (3) years has been ultimately denied by any commission, board or agency or withdrawn by such SellerSeller Entity. Except as set forth on Schedule 3.23, Sellers have not No Seller Entity 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 on in Schedule 3.23 3.26 hereto, Sellers have neither no Seller Entity has any Applications pending nor or any approved Applications which relate to projects not yet completed. As used herein, “Certificate of Need” means a written statement issued by TDH 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 TDH the State Health Agency stating that a health care project is not subject to the Certificate of Need requirements under applicable state lawLaw.