Healthcare Laws and Covenants. (a) Without limiting the generality of any other provision of this Agreement, Borrower and each Subsidiary Guarantor, and their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of Borrower or Subsidiary Guarantors (with respect to its operation of the Pool Properties), shall be in compliance in all material respects with all applicable Healthcare Laws and accreditation standards and requirements of the applicable state department of health or other applicable state regulatory agency (each a “State Regulator”), in each case, as are now in effect and which may be imposed upon Borrower, a Subsidiary Guarantor or an Operator or the maintenance, use or operation of the Pool Properties or the provision of services to the occupants of the Pool Properties. Borrower and each Subsidiary Guarantor have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or otherwise under the Healthcare Laws. Borrower and Subsidiary Guarantors and Operators have and will maintain all Primary Licenses, Permits and other Governmental Approvals necessary under Applicable Laws to own and/or operate the Pool Properties, as applicable (including such Governmental Approvals as are required under such Healthcare Laws).
(b) Borrower represents that no Borrower or Subsidiary Guarantor is (i) a “covered entity” within the meaning of HIPAA or submits claims or reimbursement requests to Third Party Payor Programs “electronically” (within the meaning of HIPAA) or (ii) is subject to the “Administrative Simplification” provisions of HIPAA. If Borrower or any Subsidiary Guarantor at any time becomes a “covered entity” or subject to the “Administrative Simplification” provisions of HIPAA, then such Persons (x) will promptly undertake all necessary surveys, audits, inventories, reviews, analyses and/or assessments (including any necessary risk assessments) of all areas of its business and operations required by HIPAA and/or that could be adversely affected by the failure of such Person(s) to be HIPAA Compliant (as defined below); (y) will promptly develop a detailed plan and time line for becoming HIPAA Compliant (a “HIPAA Compliance Plan”); and (z) will implement those provisions of such HIPAA Compliance Plan in all material respects necessary to ensure that such Person(s) are or become HIPAA Compliant. For purposes hereof, “HIPAA Compliant” shall mean that Borrower an...
Healthcare Laws and Covenants. Section 5.15. Ownership of Real Estate
Healthcare Laws and Covenants. Without limiting the generality of any other provision of this Agreement, the Borrower, each Subsidiary Guarantor and each Approved JV, and their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of the Borrower, the Subsidiary Guarantors or the Approved JVs (with respect to its operation of the Borrowing Base Assets), shall be in compliance in all material respects with all applicable Healthcare Laws and accreditation and registration standards and requirements of the applicable state department of health or other applicable state regulatory agency (each, a “State Regulator”), in each case, as are now in effect and which may be imposed upon the Borrower, a Subsidiary Guarantor, an Approved JV or an Operator or the maintenance, use or operation of the Borrowing Base Assets or the provision of services to the occupants of the Borrowing Base Assets. The Borrower, each Subsidiary Guarantor and each Approved JV have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or Third Party Payor Program or otherwise under the Healthcare Laws and there are no presently existing circumstances which would result or likely would result in material violations of the Healthcare Laws. The Borrower, the Subsidiary Guarantors and the Approved JVs have and will maintain all Primary Licenses and material Permits necessary under Applicable Laws to own and/or operate the Borrowing Base Assets, as applicable (including such Primary Licenses and material Permits as are required under such Healthcare Laws).
Healthcare Laws and Covenants. Without limiting the generality of any other provision of this Agreement, Borrower and each Subsidiary Guarantor, and their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of Borrower or Subsidiary Guarantors (with respect to its operation of the Pool Properties), shall be in compliance in all material respects with all applicable Healthcare Laws and accreditation standards and requirements of the applicable state department of health or other applicable state regulatory agency (each a “State Regulator”), in each case, as are now in effect and which may be imposed upon Borrower, a Subsidiary Guarantor or an Operator or the maintenance, use or operation of the Pool Properties or the provision of services to the occupants of the Pool Properties. Borrower and each Subsidiary Guarantor have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or otherwise under the Healthcare Laws. Borrower and Subsidiary Guarantors and Operators have and will maintain all Primary Licenses, Permits and other Governmental Approvals necessary under Applicable Laws to own and/or operate the Pool Properties, as applicable (including such Governmental Approvals as are required under such Healthcare Laws).
Healthcare Laws and Covenants. Without limiting the generality of any other provision of this Agreement, Borrowers and each Operator shall be in compliance in all material respects with all Healthcare Laws that are applicable to Borrowers and each Operator, and shall use commercially reasonable efforts to cause their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of Borrowers or any Operator (with respect to its operation of the Project) to also be in compliance in all material with all applicable Healthcare Laws. Borrowers and each Operator have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or otherwise under the Healthcare Laws.
Healthcare Laws and Covenants. (a) The Company and each of the Company’s Subsidiaries have and will maintain all Permits necessary under applicable Laws to own the Healthcare Properties, and the Company shall use its reasonable best efforts to cause the Operators to have and maintain all Permits necessary under applicable Laws (to the extent the Company has Knowledge of such Laws) to operate the Healthcare Properties in the manner such are being operated on the date of this Agreement (including such Permits as are required under such Healthcare Laws).
(b) Neither the Company nor any of the Company’s Subsidiaries is (i) a “covered entity” or “business associate” within the meaning of HIPAA or submit claims or reimbursement requests to Third-party Payor Programs “electronically” (within the meaning of HIPAA) or (ii) is subject to the “Administrative Simplification” provisions of HIPAA. If the Company or any of the Company’s Subsidiaries at any time become a “covered entity”, “business associate” or subject to the “Administrative Simplification” provisions of HIPAA, then such Persons (x) will promptly undertake all necessary surveys, audits, inventories, reviews, analyses and/or assessments (including any necessary risk assessments) of all areas of its business and operations required by HIPAA and/or that could be adversely
Healthcare Laws and Covenants. Without limiting the generality of any other provision of this Agreement, each Borrower shall be in compliance in all material respects with all Healthcare Laws applicable to such Borrower. Each Borrower has maintained (or caused to be maintained) and shall continue to maintain (or caused to be maintained) in all material respects all records required to be maintained by Borrower by any Governmental Authority or otherwise under the Healthcare Laws.
Healthcare Laws and Covenants. Section 5.15.
Healthcare Laws and Covenants. (a) Without limiting the generality of any other provision of this Agreement, Borrower and each Unencumbered Property Owner, and their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of Borrower or Unencumbered Property Owners (with respect to its operation of the Unencumbered Properties), shall be in compliance in all material respects with all applicable Healthcare Laws and accreditation standards and requirements of the applicable state department of health or other applicable state regulatory agency (each a “State Regulator”), in each case, as are now in effect and which may be imposed upon Borrower, an Unencumbered Property Owner or an Operator or the maintenance, use or operation of the Unencumbered Properties or the provision of services to the occupants of the Unencumbered Properties. Borrower and each Unencumbered Property Owner have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or otherwise under the Healthcare Laws. Borrower and Unencumbered Property Owners and Operators have and will maintain all Primary Licenses, Permits and other Governmental Approvals necessary under applicable laws to own and/or operate the Unencumbered Properties, as applicable (including such Governmental Approvals as are required under such Healthcare Laws).
(b) Borrower represents that no Borrower or Unencumbered Property Owner is (i) a “covered entity” within the meaning of HIPAA or submits claims or reimbursement requests to
Healthcare Laws and Covenants. (a) Without limiting the generality of any other provision of this Agreement, each Borrower and Operator and their employees and contractors (other than contracted agencies) in the exercise of their duties on behalf of Borrowers or any Operator (with respect to its operation of the Projects) shall be in compliance in all material respects with all applicable Healthcare Laws. Each Borrower and each Operator have maintained and shall continue to maintain in all material respects all records required to be maintained by any Governmental Authority or otherwise under the Healthcare Laws and to Borrowers’ Knowledge there are no presently existing circumstances which would result or likely would result in material violations of the Healthcare Laws. Borrowers and Operators have and will maintain all Primary Licenses, Permits and other Governmental Approvals necessary under applicable Laws to own and/or operate the Projects, as applicable (including such Governmental Approvals as are required under such Healthcare Laws); or, if applicable Licenses have been applied for, but not yet issued to, Operators, Operator has Operators have entered into applicable agreements with the prior operator of the Projects to operate the Projects under the current Primary Licenses.
