Common use of Governmental Proceedings and Notices Clause in Contracts

Governmental Proceedings and Notices. Neither Borrower nor Guarantor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have a material adverse impact on Borrower’s or Manager’s ability to accept and/or retain residents or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residents; (b) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Borrower’s continued participation in the Medicare or Medicaid programs or any other Third-Party Payors’ Programs, or any successor programs thereto, at current rate certifications.

Appears in 6 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

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Governmental Proceedings and Notices. Neither Borrower nor Guarantor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have a material adverse impact on Borrower’s 's or Manager’s 's ability to accept and/or retain residents at the Facility or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residentsresidents against or in respect of the Facility; (b) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Borrower’s 's continued participation in the Medicare or Medicaid programs or any other Third-Party Payors' Programs, or any successor programs thereto, at current rate certifications.

Appears in 2 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Advocat Inc)

Governmental Proceedings and Notices. Neither Borrower nor Guarantor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-a governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have Have a material adverse impact on Borrower’s or Manager’s 's ability to accept and/or retain residents or result in the imposition of a fine, a sanction, fine or sanction or a lower rate certification or a materially lower reimbursement rate for services rendered to eligible residents; (b) modifyModify or limit, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of of, any of the Permits; or (c) affect Affect Borrower’s 's continued participation in the Medicare or Medicaid programs programs, if and to the extent applicable, or any other Third-Party Payors' Programs, or any successor programs thereto, at current rate certifications.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (CNL Retirement Properties Inc)

Governmental Proceedings and Notices. Neither Borrower nor Borrower, Guarantor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federala governmental agency, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have Have a material adverse impact on Borrower’s or Manager’s ability to accept and/or retain patients or residents or result in the imposition of a fine, a sanction, a lower rate certification or a materially lower reimbursement rate for services rendered to eligible patients or residents;; or (b) modifyModify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Affect Borrower’s or Manager’s continued participation in the Medicare or Medicaid programs or any other Third-Party Payors’ Programs, or any successor programs thereto, at current rate certifications.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Governmental Proceedings and Notices. Neither To the best of their knowledge, neither Borrower nor any Guarantor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have a material adverse impact on Borrower’s or Manager’s ability to accept and/or retain residents or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residents; (b) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Borrower’s continued participation in the Medicare or Medicaid programs or any other Third-Party Payors’ Programs, or any successor programs thereto, at current rate certifications.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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Governmental Proceedings and Notices. Neither Borrower nor Guarantor nor Manager Lessee nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) a. have a material adverse impact on Borrower’s 's or Manager’s Lessee's ability to accept and/or retain residents or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residents; (b) b. modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) c. affect Borrower’s 's continued participation in the Medicare or Medicaid programs or any other Third-Party Payors' Programs, or any successor programs thereto, at current rate certifications.

Appears in 1 contract

Samples: Loan Agreement (Arv Assisted Living Inc)

Governmental Proceedings and Notices. Neither Borrower nor Guarantor Mortgagor nor Manager nor the Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-a governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have a material adverse impact on Borrower’s or Manager’s Mortgagor's ability to accept and/or retain residents or result in the imposition of a finefine related to any of the Facilities, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residentsresidents for the Facilities; (b) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Borrower’s Mortgagor's continued participation in the Medicare or Medicaid programs or any other Third-Party Payors' Programs, or any successor programs thereto, at current rate certifications.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Senior Living Corp)

Governmental Proceedings and Notices. Neither To the best of their knowledge, neither Borrower nor any Guarantor nor Manager nor the a Facility is currently the subject of any proceeding by any governmental agency, and no notice of any violation has been received from any federal, state or local government or quasi-governmental body or agency or any administrative or investigative body that would, directly or indirectly, or with the passage of time: (a) have a material adverse impact on Borrower’s or Manager’s ability to accept and/or retain residents or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible residents; (b) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of any of the Permits; or (c) affect Borrower’s continued participation in the Medicare or Medicaid programs or any other Third-Party Payors’ Programs, or any successor programs thereto, at current rate certifications.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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