Health Care Notices Sample Clauses

Health Care Notices. (i) Each Borrower shall provide Lender annually with evidence, satisfactory to Lender, of such Borrower’s or Property Manager’s, if applicable, compliance, in all material respects, with all applicable local, state and federal laws, rules and regulations regarding the operation of Borrower’s Individual Property, including, but not limited to: (A) a copy of the current Healthcare Permits authorizing Borrower’s Individual Property to be operated as a Senior Living Facility, and a copy of any other Healthcare Permits required and/or in place for such Individual Property’s operation as a Senior Living Facility; Prudential Loan Nos. 706109321 - 706109336 and 706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement (B) copies of all state surveys, where applicable, dated within the immediately preceding twelve (12) months and produced in connection with the performance and/or compliance of Borrower’s Individual Property, Borrower, Property Manager and any other licensee, as applicable, with standards regulating the use of such Individual Property; (C) the form of Resident Agreement utilized at Borrower’s Individual Property; (D) any notices, complaints, claims or waivers which Borrower has received, or was provided notice of, within the immediately preceding twelve (12) months from any federal and state governmental authority (such as the CMS) or other governmental, quasi-governmental or regulatory agency or agencies having jurisdiction over Borrower’s Individual Property, Borrower, Property Manager and any other licensee, including, without limitation, any deficiency notices, notices of investigations or notices of audit that have had, or can reasonably be expected to have, a material adverse effect on the business of operating an Individual Property as a Senior Living Facility (in addition to such annual reporting obligations, Borrower shall also deliver to Lender copies of any of the foregoing within ten (10) Business Days after Borrower, Property Manager or any other licensee first receives notice of or otherwise becomes aware of the same); (E) descriptions of any litigation with respect to residents or former residents that is pending, ongoing or otherwise unresolved and was initiated within the last three (3) years of which Borrower has actual knowledge, which shall include copies of pleadings with respect thereto, if requested by Lender; (F) descriptions of any known criminal charges filed against any employees, agents, independent contractor...

Health Care Notices. In addition to the notices delivered pursuant to Section 7.1, Borrower will, within 10 days after obtaining knowledge or receiving notice of the occurrence of any of the following facts, events or circumstances, existing, pending or threatened, provide Lender with written notice summarizing such facts, events or circumstances, together with such supporting data and information as shall be necessary to fully explain to Lender the scope and nature of the fact, event or circumstance, and thereafter shall provide to Lender, within 10 days of the Lender’s request, such additional information as Lender shall request regarding such disclosure: (a) that Borrower or any other Obligated Party hereafter becomes subject to any federal, state, local governmental or private payor civil or criminal investigations, inquiries or audits involving and/or related to its compliance with Health Care Laws which, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (b) that an owner, officer or employee of Borrower or any other Obligated Party: (i) has had a civil monetary penalty assessed against him or her pursuant to 42 U.S.C. §1320a-7a or is the subject of a proceeding seeking to assess such penalty; (ii) has been excluded from participation in any Federal Health Care Program (as that term is defined in 42 U.S.C. §1320a-7b) or is the subject of a proceeding seeking to assess such penalty; (iii) has been convicted (as that term is defined in 42 C.F.R. §1001.2) of any of those offenses described in 42 U.S.C. §1320a-7b or 18 U.S.C. §§669, 1035, 1347, 1518 or is the subject of a proceeding seeking to assess such penalty; or (iv) has been involved or personally named in a U.S. Attorney complaint made or any other action taken pursuant to the False Claims Act under 31 U.S.C. §§3729-3731 or qui tam action brought pursuant to 31 U.S.C. §3729 et seq.; (c) any material governmental reimbursement audits related to Borrower or any other Obligated Party by any commission, board or agency (other than routine reviews and audits in the ordinary course of business); (d) any charges of licensing violations involving Borrower or any other Obligated Party that could reasonably be expected to result in suspension or revocation of Borrower’s or such Obligated Party’s license or, in the case of any suspension or revocation of any Health Care Provider’s license, such suspension or revocation would reasonably be expected to have a Material Adverse Effect; (e) any h...

Health Care Notices. Promptly following any Loan Party obtaining knowledge of the occurrence of any of the following, notify Agent if: (i) a Regulatory Authority initiates a Regulatory Action or any other enforcement action against any Loan Party or any supplier of a Loan Party that causes any Loan Party to recall, withdraw, remove or discontinue marketing or conducting clinical research on any of its products that could reasonably be expected to have a Material Adverse Effect; (ii) a Regulatory Authority issues or undertakes a Regulatory Action with respect to any Loan Party or any of its activities or products that could reasonably be expected to have a Material Adverse Effect; (iii) any Loan Party conducts a mandatory or voluntary recall which could reasonably be expected to result in liability and expense to the Loan Parties of $1,000,000 or more (except to the extent covered (other than to the extent of applicable deductibles) by insurance pursuant to which the insurer has not denied coverage); (iv) any Loan Party enters into a settlement agreement with CMS or any Regulatory Authority that results in aggregate liability as to any single or related series of transactions, incidents or conditions of $1,000,000 or more (except to the extent covered (other than to the extent of applicable deductibles) by insurance pursuant to which the insurer has not denied coverage) or that could reasonably be expected to have a Material Adverse Effect; or (v) a Regulatory Authority revokes any authorization or permission granted under any Registration, or any Loan Party withdraws any Registration, that could reasonably be expected to have a Material Adverse Effect.