Health Care Representations. (a) Borrower is in possession of all material certificates, certificates of need, certifications, government licenses, permits or regulatory agreements required by Health Care Authorities and Mortgage Borrower is in possession of same to the extent necessary for Mortgage Borrower to own or (as applicable) lease the Facilities or for Mortgage Borrower to carry on their respective businesses substantially as is being conducted as of the date hereof, materially in accordance with applicable Health Care Requirements (collectively, the “Health Care Licenses”) and all such Health Care Licenses are valid, and in full force and effect, except, in each case, where the failure to possess and maintain such Health Care License in full force and effect has not had and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
Health Care Representations. Borrower, for itself and its successors and assigns, does hereby represent and warrant to Lender, its successors and assigns, as of the date hereof, that:
Health Care Representations. (a) Borrower is in possession of all material certificates, certificates of need, certifications, government licenses, permits or regulatory agreements required by Health Care Authorities and necessary for Borrower to own or (as applicable) lease the Facilities or for Borrower to carry on their respective businesses substantially as is being conducted as of the date hereof, materially in accordance with applicable Health Care Requirements (collectively, the “Health Care Licenses”) and all such Health Care Licenses are valid, and in full force and effect, except, in each case, where the failure to possess and maintain such Health Care License in full force and effect has not had and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
Health Care Representations. To each Seller’s and Existing Operator’s Knowledge:
Health Care Representations. Notwithstanding anything contained in this Section 4.2 to the contrary, (i) with respect to each Individual Property that is subject to an Effective Operating Lease, any breach of the representations, warranties, covenants or agreements set forth in this Section 4.2 which does not have and which would not reasonably be expected to have a Material Adverse Effect, such breach shall not be a Default or an Event of Default hereunder as long as Borrower is using reasonable and diligent efforts to cause Owner to enforce its rights under the applicable Effective Operating Lease to cause the Operator Tenant thereunder to cure such breach and (ii) with respect to each Individual Property that is a LC Covered Property, any breach of the representations, warranties, covenants or agreements set forth in this Section 4.2 which does not subject Lender to any criminal liability shall not be a Default hereunder as long as such Individual Property remains an LC Covered Property. Borrower, for itself and its successors and assigns, does hereby represent and warrant to Lender, its successors and assigns, as of March 29, 2007, and except as set forth on Schedule VI attached hereto, that:
Health Care Representations. All of the representations and warranties contained in Section 4.2 of the Mortgage Loan Agreement are as of the date hereof true and correct.
