Enrollment and Participation Sample Clauses

Enrollment and Participation. To the Knowledge of the Company, the Company Entities are, and at all time since January 1, 2008 have been, in material compliance with any and all applicable Legal Requirements relating to billing or claims for reimbursement submitted to any third party payor. The Company and Company Entities, as applicable, (i) are appropriately certified for participation and reimbursement and have current and valid provider contracts and are in material compliance with the conditions of participation in such programs under Titles XVIII and XIX of the Social Security Act, the CHAMPUS/TRICARE Program (if applicable), and such other similar Federal, state or local reimbursement or governmental programs (collectively, the “Governmental Programs”) and (ii) currently participate in private, non-governmental programs (including private insurance programs) under which the Company or Company Entities directly or indirectly receives payments (the “Private Programs”). All billing practices of the Company and Company Entities have been in material compliance with Legal Requirements of Governmental Programs and Private Programs. Neither Company nor any Company Entity has submitted any claim for payment to any Governmental Program in
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Enrollment and Participation. To the Knowledge of the Company, the Company Entities are, and at all time since January 1, 2008 have been, in material compliance with any and all applicable Legal Requirements relating to billing or claims for reimbursement submitted to any third party payor. The Company and Company Entities, as applicable, (i) are appropriately certified for participation and reimbursement and have current and valid provider contracts and are in material compliance with the conditions of participation in such programs under Titles XVIII and XIX of the Social Security Act, the CHAMPUS/TRICARE Program (if applicable), and such other similar Federal, state or local reimbursement or governmental programs (collectively, the “Governmental Programs”) and (ii) currently participate in private, non-governmental programs (including private insurance programs) under which the Company or Company Entities directly or indirectly receives payments (the “Private Programs”). All billing practices of the Company and Company Entities have been in material compliance with Legal Requirements of Governmental Programs and Private Programs. Neither Company nor any Company Entity has submitted any claim for payment to any Governmental Program in violation of any Legal Requirements relating to false claim or fraud, including without limitation the Federal False Claim Act, 31 U.S.C. § 3729, or any applicable state false claim or fraud law. Other than routine contractual adjustments, neither the Company nor any of the Company Entities has received any payment or reimbursement in excess of amounts allowed by law and neither the Company nor any Company Entities is liable for recoupment of amounts previously paid by a Governmental Program or a Private Program in which the Company or any of the Company Entities participates or has participated in the past three years that are not reflected in the Audited Financial Statements. Schedule 3.27(e) lists all claims, statements, and other matters (including, but not limited to, all correspondence or communications with Governmental Programs, intermediaries or carriers, and any open, in-process or pending internal reviews, including open hotline calls, TQM disclosure or other Company compliance audits) concerning or relating to any Government Programs that involves, relates to or alleges: (i) except with respect to routinely scheduled surveys, any violation of any applicable rule, regulation, policy or requirement of any such program or any irregularity with ...
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Enrollment and Participation 
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Related to Enrollment and Participation

  • Eligibility and Participation An individual is deemed an “Eligible Employee” and, therefore, eligible to participate in the Plan if he or she is a member of the Company’s Management Team at the time of such individual’s termination of employment with the Company, and such employment terminates due to an event which constitutes a Qualifying Termination.

  • Assignment and Participation 72 20.1. Conditions to Assignment by Banks. .................................................72 20.2. Certain Representations and Warranties; Limitations; Covenants. ....................72 20.3. Register. ..........................................................................73 20.4. New Notes. .........................................................................74 20.5. Participations. ....................................................................74 20.6. Disclosure. ........................................................................74 20.7. Assignee or Participant Affiliated with the Borrower. ..............................75 20.8.

  • Assignment and Participations (a) Subject to the terms of this Section 9.1, any Lender may make an assignment to a Qualified Assignee of, or sell participations in, at any time or times, the Loan Documents, Loans, Letter of Credit Obligations and any Commitment or any portion thereof or interest therein, including any Lender's rights, title, interests, remedies, powers or duties thereunder. Any assignment by a Lender shall: (i) require the consent of Agent (which consent shall not be unreasonably withheld or delayed with respect to a Qualified Assignee) and, so long as no Event of Default has occurred and is then continuing, Borrower (which consent shall not be unreasonably withheld or delayed; provided, that any assignment to Black Diamond Capital Management or any of its Affiliates shall require the consent of Borrower so long as no Event of Default pursuant to Sections 8.1(a)(i), 8.1(a)(ii), 8.1(h) or 8.1(i) has occurred and is then continuing), and the execution of an assignment agreement (an "Assignment Agreement") substantially in the form attached hereto as Exhibit 9.1(a) and otherwise in form and substance reasonably satisfactory to, and acknowledged by, Agent; (ii) be conditioned on such assignee Lender representing to the assigning Lender and Agent that it is purchasing the applicable Loans to be assigned to it for its own account, for investment purposes and not with a view to the distribution thereof; (iii) after giving effect to any such partial assignment, the assignee Lender shall have Commitments in an amount at least equal to $5,000,000 and the assigning Lender shall have retained Commitments in an amount at least equal to $2,500,000; and (iv) include a payment to Agent of an assignment fee of $3,500. In the case of an assignment by a Lender under this Section 9.1, the assignee shall have, to the extent of such assignment, the same rights, benefits and obligations as all

  • Reimbursement and Participations (a) The Borrower hereby unconditionally agrees to pay to the Issuing Bank immediately on demand at the Principal Office all amounts required to pay all drafts drawn or purporting to be drawn under the Letters of Credit and all reasonable expenses incurred by the Issuing Bank in connection with the Letters of Credit, and in any event and without demand to place in possession of the Issuing Bank (which shall include Advances under the Revolving Credit Facility if permitted by SECTION 2.1 and Swing Line Loans if permitted by SECTION 2.4) sufficient funds to pay all debts and liabilities arising under any Letter of Credit. The Issuing Bank agrees to give the Borrower prompt notice of any request for a draw under a Letter of Credit. The Issuing Bank may charge any account the Borrower may have with it for any and all amounts the Issuing Bank pays under a Letter of Credit, plus charges and reasonable expenses as from time to time agreed to by the Issuing Bank and the Borrower; provided that to the extent permitted by SECTION 2.1(c)(iii) and SECTION 2.4, amounts shall be paid pursuant to Advances under the Revolving Credit Facility or, if the Borrower shall elect, by Swing Line Loans. The Borrower agrees to pay the Issuing Bank interest on any Reimbursement Obligations not paid when due hereunder at the Default Rate.

  • Sub-participation A Lender may sub-participate all or any part of its rights and/or obligations under the Security Documents at its own expense without the consent of, consultation with or notice to, the Borrowers.

  • L/C Participations (a) The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce the Issuing Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant’s own account and risk an undivided interest equal to such L/C Participant’s Revolving Credit Commitment Percentage in the Issuing Lender’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by the Issuing Lender thereunder. Each L/C Participant unconditionally and irrevocably agrees with the Issuing Lender that, if a draft is paid under any Letter of Credit for which the Issuing Lender is not reimbursed in full by the Borrower through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to the Issuing Lender upon demand at the Issuing Lender’s address for notices specified herein an amount equal to such L/C Participant’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

  • Enrollment The School shall maintain accurate and complete enrollment data and daily records of student attendance.

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

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