Common use of Institutional Pharmacy Business Clause in Contracts

Institutional Pharmacy Business. (a) The Company beneficially owns or has a valid leasehold interest in each Company pharmacy utilized by the Company or its Subsidiaries in connection with its pharmacy business. No other Person has any beneficial ownership or interest in or to any such pharmacy nor does any other Person have any right or option to acquire any beneficial ownership or interest in or to any such pharmacy. (b) Except as set forth in the Company SEC Documents filed prior to the date hereof, the Company and its Subsidiaries have not violated, and are not now in violation of, 42 U.S.C. 'SS''SS' 1320a-7, 1320a-7a, 1320a-7b, 1395nn or 1396b. (c) Except as could not, individually or in the aggregate, reasonably be expected to prejudice the ability of Parent or any of its Subsidiaries to obtain required licenses or permits as of and after the Closing or to materially interfere with or limit the institutional pharmacy business of Parent or any of its Subsidiaries after the Closing on an ongoing basis and, except as set forth in the Company SEC Documents filed prior to the date hereof, (i) the Company and its Subsidiaries are duly licensed to provide pharmacy services in all states in which they do business, and also are participants in the Medicare program and the Medicaid programs of such states and (ii) the Company and its Subsidiaries are in material compliance with all Applicable Laws affecting (A) such licenses and (B) the participation by the Company's pharmacies in the Medicare and Medicaid programs.

Institutional Pharmacy Business. (a) The Company beneficially owns or has a valid leasehold interest in each Company pharmacy utilized by the Company or its Subsidiaries in connection with its pharmacy business. No other Person has any beneficial ownership or interest in or to any such pharmacy nor does any other Person have any right or option to acquire any beneficial ownership or interest in or to any such pharmacy. (b) Except as set forth in the Company SEC Documents filed prior to the date hereof, the Company and its Subsidiaries have not violated, and are not now in violation of, 42 U.S.C. 'SS''SSSS' 'SS' 1320a-7, 1320a-7a, 1320a-7b, 1395nn or 1396b. (c) Except as could not, individually or in the aggregate, reasonably be expected to prejudice the ability of Parent or any of its Subsidiaries to obtain required licenses or permits as of and after the Closing or to materially interfere with or limit the institutional pharmacy business of Parent or any of its Subsidiaries after the Closing on an ongoing basis and, except as set forth in the Company SEC Documents filed prior to the date hereof, (i) the Company and its Subsidiaries are duly licensed to provide pharmacy services in all states in which they do business, and also are participants in the Medicare program and the Medicaid programs of such states and (ii) the Company and its Subsidiaries are in material compliance with all Applicable Laws affecting (A) such licenses and (B) the participation by the Company's pharmacies in the Medicare and Medicaid programs.

Institutional Pharmacy Business. (a) The Company beneficially owns or has a valid leasehold interest in each Company pharmacy utilized by the Company or its Subsidiaries in connection with its pharmacy business. No other Person has any beneficial ownership or interest in or to any such pharmacy nor does any other Person have any right or option to acquire any beneficial ownership or interest in or to any such pharmacy. (b) Except as set forth in the Company SEC Documents filed prior to the date hereof, the Company and its Subsidiaries have not violated, and are not now in violation of, 42 U.S.C. 'SS''SS' Sections 1320a-7, 1320a-7a, 1320a-7b, 1395nn or 1396b. (c) Except as could not, individually or in the aggregate, reasonably be expected to prejudice the ability of Parent or any of its Subsidiaries to obtain required licenses or permits as of and after the Closing or to materially interfere with or limit the institutional pharmacy business of Parent or any of its Subsidiaries after the Closing on an ongoing basis and, except as set forth in the Company SEC Documents filed prior to the date hereof, (i) the Company and its Subsidiaries are duly licensed to provide pharmacy services in all states in which they do business, and also are participants in the Medicare program and the Medicaid programs of such states and (ii) the Company and its Subsidiaries are in material compliance with all Applicable Laws affecting (A) such licenses and (B) the participation by the Company's pharmacies in the Medicare and Medicaid programs.