Common use of Insurance and Surety Agreements Clause in Contracts

Insurance and Surety Agreements. Schedule 5.16 contains a true and correct list of: (a) all policies of fire, liability and other forms of insurance held or owned by Arcadia (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (b) all bonds, indemnity agreements and other agreements of suretyship made for or held by Arcadia, including a brief description of the character of the bond or agreement and the name of the surety or indemnifying party. Schedule 5.16 sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder during the past two years. Such policies are owned by and payable solely to Arcadia, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued on or before the Closing Date, Arcadia has not been advised by any of their insurance carriers of an intention to terminate or modify any such policies other than under circumstances where Arcadia has received a commitment for a replacement policy, nor has Arcadia failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.16 SCHEDULE 4.18 hereto contains a true and correct list of: (a) all policies of fire, liability and other forms of insurance held or owned by Arcadia Seller or otherwise in force and providing coverage for the Therapy Business or the Assets (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); ) and (b) all bonds, indemnity agreements and other agreements of suretyship made for or held by ArcadiaSeller or otherwise in force and relating to the Therapy Business or the Assets, including a brief description of the character of the bond or agreement and the name of the surety or indemnifying party. Schedule 5.16 SCHEDULE 4.18 hereto sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder during the past two (2) years. Such policies are owned by and payable solely to ArcadiaSeller, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 SCHEDULE 4.18 hereto are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued paid on or before the Closing Date, Arcadia Seller has not been advised by any of their insurance carriers of an intention to terminate or modify any such policies other than under circumstances where Arcadia has received a commitment for a replacement policypolicies, nor has Arcadia Seller failed to comply with any of the material conditions contained in any such policiespolicies and no notice of termination or cancellation has been received with respect to any such policy.

Insurance and Surety Agreements. Schedule 5.16 5.17 contains a true and correct list of: (aA) all policies of fire, liability and other forms of insurance held or owned by Arcadia the Company, Medi-Serve or any Subsidiary or otherwise in force and providing coverage for the Business or any of the Magnolia Facilities or Assets (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (bB) all bonds, indemnity agreements and other agreements of suretyship made for or held by Arcadiathe Company or Medi-Serve or otherwise in force and relating to the Business or any of the Magnolia Facilities and Medi-Serve Facilities or Assets, including a brief description of the character of the bond or agreement and agreement, the name of the surety or the indemnifying party. Schedule 5.16 5.17 sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder or increases in premiums therefore during the past two years. Such policies are owned by and payable solely to Arcadiathe Company, Medi-Serve or one of the Subsidiaries, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 5.17 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued paid on or before the Closing Date, Arcadia none of the Company, Medi-Serve and the Subsidiaries has not been advised by any of their its insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policies other than under circumstances where Arcadia has received a commitment for a replacement policypolicies, nor has Arcadia have any of them failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Exhibit 3.19 to the Rotech Disclosure Schedule 5.16 contains a true and correct list of: (a) all material policies of fire, liability and other forms of insurance held or owned by Arcadia Rotech (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (b) all material bonds, indemnity agreements and other agreements of suretyship made for or held by ArcadiaRotech, including a brief description of the character of the bond or agreement and the name of the surety or indemnifying party. Schedule 5.16 Exhibit 3.19 sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder during the past two years. Such policies are owned by and payable solely to ArcadiaRotech or a Rotech Subsidiary, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 Exhibit 3.19 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued on or before the Closing Date, Arcadia Rotech has not been advised by any of their its insurance carriers of an intention to terminate or modify any such policies other than under circumstances where Arcadia Rotech has received a commitment for a replacement policy, nor has Arcadia Rotech failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.16 5.18 contains a true and correct list of: (a) all policies of fire, liability and other forms of insurance held or owned by Arcadia either Company in connection with the Business (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (b) all bonds, indemnity agreements and other agreements of suretyship made for or held by Arcadiaeither Company in connection with the Business, including a brief description of the character of the bond or agreement and the name of the surety or indemnifying party. Schedule 5.16 5.18 sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder during the past two years. Such policies are owned by and payable solely to Arcadiathe Companies, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 5.18 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued paid on or before the Closing Date, Arcadia has the Companies have not been advised by any of their insurance carriers of an intention to terminate or modify any such policies other than under circumstances where Arcadia has the Companies have received a commitment for a replacement policy, nor has Arcadia have the Companies failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.16 5.17 contains a true and correct list of: (aA) all policies of fire, liability and other forms of insurance held or owned by Arcadia the Company or any Subsidiary or otherwise in force and providing coverage for the Business or any of the Facilities or Assets (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (bB) all bonds, indemnity agreements and other agreements of suretyship made for or held by Arcadiathe Company or otherwise in force and relating to the Business or any of the Facilities or Assets, including a brief description of the character of the bond or agreement and agreement, the name of the surety or the indemnifying party. Schedule 5.16 5.17 sets forth for each such insurance policy the name of the insurer, the amount of coverage, the type of insurance, the policy number, the annual premium and a brief description of the nature of insurance included under each such policy and of any claims made thereunder or increases in premiums therefore during the past two years. Such policies are owned by and payable solely to Arcadiathe Company or one of its Subsidiaries, and said policies or renewals or replacements thereof will be outstanding and duly in force at the Closing Date. All insurance policies listed on Schedule 5.16 5.17 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid, financed or accrued paid on or before the Closing Date, Arcadia none of the Company and the Subsidiaries has not been advised by any of their its insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policies other than under circumstances where Arcadia has received a commitment for a replacement policypolicies, nor has Arcadia have any of them failed to comply with any of the material conditions contained in any such policies.