Compliance with Applicable Laws and Regulations. (a) To the best of Borrower’s knowledge after due inquiry and investigation, each of the following is true: (i) All Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation). (ii) The Improvements comply with applicable health, fire, and building codes. (iii) There is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property. (b) Without limiting the generality of subsection (a) above, Borrower, any Facility Operator, and the Facility (and its operation) and all residential care agreements and residential Leases are in compliance with the applicable provisions of all laws, regulations, ordinances, orders or standards of any Governmental Authority having jurisdiction over the operation of the Facility (including any Governmental Payor Program requirements and disclosure of ownership and related information requirements), including: (i) Healthcare Laws, Privacy Laws, fire and safety codes and building codes (and no waivers of such requirements exist at the Facility). (ii) Laws, rules, regulations and published interpretations thereof regulating the preparation and serving of food. (iii) Laws, rules, regulations and published interpretations thereof regulating the handling and disposal of medical or biological waste. (iv) The applicable provisions of all laws, rules, regulations and published interpretations thereof to which Borrower or the Facility is subject by virtue of its Intended Use. (v) All criteria established to classify the Facility as housing for older persons under the Fair Housing Amendments Act of 1988. (c) Borrower has received no notice of, and is not aware of, any violation of applicable antitrust laws or securities laws relating to the Facility, Borrower, or any Facility Operator.
Appears in 7 contracts
Samples: Multifamily Loan and Security Agreement (New Senior Investment Group Inc.), Multifamily Loan and Security Agreement (Strategic Student & Senior Housing Trust, Inc.), Multifamily Loan and Security Agreement (Strategic Student & Senior Housing Trust, Inc.)
Compliance with Applicable Laws and Regulations. (a) To the best of Borrower’s knowledge after due inquiry and investigation, each of the following is true:
(i) All all Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation).
, (ii) The the Improvements comply with applicable health, fire, and building codes.
, and (iii) There there is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property.
(b) Without limiting the generality of subsection (a) above, Borrower, any Facility Operatoroperator of the Facility, and the Facility (and its operation) and all residential care agreements and residential Leases are in compliance with the applicable provisions of all laws, regulations, ordinances, orders or standards of any Governmental Authority having jurisdiction over the operation of the Facility (including any Governmental Payor Program governmental payor program requirements and disclosure of ownership and related information requirements), including:
including without limitation: (i) Healthcare Laws, Privacy Laws, fire and safety codes and building codes (and no waivers of such requirements exist at the Facility).
; (ii) Lawslaws, rules, regulations and published interpretations thereof regulating the preparation and serving of food.
; (iii) Lawslaws, rules, regulations and published interpretations thereof regulating the handling and disposal of medical or biological waste.
; (iv) The the applicable provisions of all laws, rules, regulations and published interpretations thereof to which Borrower or the Facility is subject by virtue of its Intended Use.
; and (v) All all criteria established to classify the Facility as housing for older persons under the Fair Housing Amendments Act of 1988.
(c) Borrower has received no notice of, and is not aware of, any violation of applicable antitrust laws or securities laws relating to the Facility, the Borrower, or any Facility Operatoroperator of the Facility.
Appears in 2 contracts
Samples: Seniors Housing Loan and Security Agreement (Care Investment Trust Inc.), Seniors Housing Loan and Security Agreement (Care Investment Trust Inc.)
Compliance with Applicable Laws and Regulations. (a) To the best of BorrowerBxxxxxxx’s knowledge after due inquiry and investigation, each of the following is true:
(i) All Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation).
(ii) The Improvements comply with applicable health, fire, and building codes.
(iii) There is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property.
(b) Without limiting the generality of subsection (a) above, Borrower, any Facility Operator, and the Facility (and its operation) and all residential care agreements and residential Leases are in compliance with the applicable provisions of all laws, regulations, ordinances, orders or standards of any Governmental Authority having jurisdiction over the operation of the Facility (including any Governmental Payor Program requirements and disclosure of ownership and related information requirements), including:
(i) Healthcare Laws, Privacy Laws, fire and safety codes and building codes (and no waivers of such requirements exist at the Facility).
(ii) Laws, rules, regulations and published interpretations thereof regulating the preparation and serving of food.
(iii) Laws, rules, regulations and published interpretations thereof regulating the handling and disposal of medical or biological waste.
(iv) The applicable provisions of all laws, rules, regulations and published interpretations thereof to which Borrower or the Facility is subject by virtue of its Intended Use.
(v) All criteria established to classify the Facility as housing for older persons under the Fair Housing Amendments Act of 1988.
(c) Borrower has received no notice of, and is not aware of, any violation of applicable antitrust laws or securities laws relating to the Facility, Borrower, or any Facility Operator.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Sentio Healthcare Properties Inc)
Compliance with Applicable Laws and Regulations. (a) To the best of BorrowerXxxxxxxx’s knowledge after due inquiry and investigation, each of the following is true:
(i) All Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation).
(ii) The Improvements comply with applicable health, fire, and building codes.
(iii) There is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property.
(b) Without limiting the generality of subsection (a) above, Borrower, any Facility Operator, and the Facility (and its operation) and all residential care agreements and residential Leases are in compliance with the applicable provisions of all laws, regulations, ordinances, orders or standards of any Governmental Authority having jurisdiction over the operation of the Facility (including any Governmental Payor Program requirements and disclosure of ownership and related information requirements), including:
(i) Healthcare Laws, Privacy Laws, fire and safety codes and building codes (and no waivers of such requirements exist at the Facility).
(ii) Laws, rules, regulations and published interpretations thereof regulating the preparation and serving of food.
(iii) Laws, rules, regulations and published interpretations thereof regulating the handling and disposal of medical or biological waste.
(iv) The applicable provisions of all laws, rules, regulations and published interpretations thereof to which Borrower or the Facility is subject by virtue of its Intended Use.
(v) All criteria established to classify the Facility as housing for older persons under the Fair Housing Amendments Act of 1988.
(c) Borrower has received no notice of, and is not aware of, any violation of applicable antitrust laws or securities laws relating to the Facility, Borrower, or any Facility Operator.
Appears in 1 contract
Compliance with Applicable Laws and Regulations. (a) To the best of Borrower’s knowledge after due inquiry and investigation, each of the following is true:
(i) All all Improvements and the use of the Mortgaged Property comply with all applicable statutes, rules and regulations, including all applicable statutes, rules and regulations pertaining to requirements for equal opportunity, anti-discrimination, fair housing, environmental protection, zoning and land use (“legal, non-conforming” status with respect to uses or structures will be considered to comply with zoning and land use requirements for the purposes of this representation).
, (ii) The the Improvements comply with applicable health, fire, and building codes.
, and (iii) There there is no evidence of any illegal activities relating to controlled substances on the Mortgaged Property.
(b) Without limiting the generality of subsection (a) above, Borrower, any Facility Operatoroperator of the Facility, and the Facility (and its operation) and all residential care agreements and residential Leases are in compliance with the applicable provisions of all laws, regulations, ordinances, orders or standards of any Governmental Authority having jurisdiction over the operation of the Facility (including any Governmental Payor Program requirements and disclosure of ownership and related information requirements), including:
including without limitation: (i) Healthcare Laws, Privacy Laws, fire and safety codes and building codes (and no waivers of such requirements exist at the Facility).
; (ii) Lawslaws, rules, regulations and published interpretations thereof regulating the preparation and serving of food.
; (iii) Lawslaws, rules, regulations and published interpretations thereof regulating the handling and disposal of medical or biological waste.
; (iv) The the applicable provisions of all laws, rules, regulations and published interpretations thereof to which Borrower or the Facility is subject by virtue of its Intended Use.
; and (v) All all criteria established to classify the Facility as housing for older persons under the Fair Housing Amendments Act of 1988.
(c) Borrower has received no notice of, and is not aware of, any violation of applicable antitrust laws or securities laws relating to the Facility, the Borrower, or any Facility Operatoroperator of the Facility.
Appears in 1 contract
Samples: Seniors Housing Loan and Security Agreement (NorthStar Healthcare Income, Inc.)