Common use of Insurance and Surety Agreements Clause in Contracts

Insurance and Surety Agreements. Schedule 5.17 contains a true and correct list of: (A) all policies of fire, liability and other forms of insurance held or owned by 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); (B) all bonds, indemnity agreements and other agreements of suretyship made for or held by the 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, the name of the surety or the indemnifying party. Schedule 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 the 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 5.17 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid on or before the Closing Date, none of the Company and the Subsidiaries has been advised by any of its insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policies, nor 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 5.17 contains a true and correct list of: (Aa) all material policies of fire, liability and other forms of insurance held or owned by the Company or any Subsidiary or otherwise in force and providing coverage for the Business or any of the Facilities or Assets Rotech (including but not limited to medical malpractice insurance, and any state sponsored plan or program for worker's compensation); and (Bb) all material bonds, indemnity agreements and other agreements of suretyship made for or held by the Company or otherwise in force and relating to the Business or any of the Facilities or AssetsRotech, including a brief description of the character of the bond or agreement, agreement and the name of the surety or the indemnifying party. Schedule 5.17 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 or increases in premiums therefore during the past two years. Such policies are owned by and payable solely to the Company Rotech or one of its Subsidiariesa 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 5.17 Exhibit 3.19 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid paid, financed or accrued on or before the Closing Date, none of the Company and the Subsidiaries Rotech has not been advised by any of its insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policiespolicies other than under circumstances where Rotech has received a commitment for a replacement policy, nor have any of them has Rotech failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.17 5.16 contains a true and correct list of: (Aa) all policies of fire, liability and other forms of insurance held or owned by the Company or any Subsidiary or otherwise in force and providing coverage for the Business or any of the Facilities or Assets Arcadia (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 the Company or otherwise in force and relating to the Business or any of the Facilities or AssetsArcadia, including a brief description of the character of the bond or agreement, agreement and the name of the surety or the indemnifying party. Schedule 5.17 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 or increases in premiums therefore during the past two years. Such policies are owned by and payable solely to the Company or one of its SubsidiariesArcadia, 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 5.17 5.16 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid paid, financed or accrued on or before the Closing Date, none of the Company and the Subsidiaries Arcadia has not been advised by any of its their insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policiespolicies other than under circumstances where Arcadia has received a commitment for a replacement policy, nor have any of them has Arcadia failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.17 contains a true and correct list of: (A) all policies of fire, liability and other forms of insurance held or owned by the Company 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); (B) all bonds, indemnity agreements and other agreements of suretyship made for or held by the 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, the name of the surety or the indemnifying party. Schedule 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 the Company Company, Medi-Serve or one of its 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 5.17 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid on or before the Closing Date, none of the Company Company, Medi-Serve and the Subsidiaries has been advised by any of its insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policies, nor have any of them failed to comply with any of the material conditions contained in any such policies.

Insurance and Surety Agreements. Schedule 5.17 SCHEDULE 4.18 hereto contains a true and correct list of: (Aa) all policies of fire, liability and other forms of insurance held or owned by the Company or any Subsidiary Seller or otherwise in force and providing coverage for the Therapy 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 the Company Seller or otherwise in force and relating to the Therapy Business or any of the Facilities or Assets, including a brief description of the character of the bond or agreement, agreement and the name of the surety or the indemnifying party. Schedule 5.17 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 or increases in premiums therefore during the past two (2) years. Such policies are owned by and payable solely to the Company or one of its SubsidiariesSeller, 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 5.17 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 on or before the Closing Date, none of the Company and the Subsidiaries Seller has not been advised by any of its their insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policies, nor have any of them has 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 5.17 5.18 contains a true and correct list of: (Aa) all policies of fire, liability and other forms of insurance held or owned by the either Company or any Subsidiary or otherwise in force and providing coverage for connection with 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 either Company in connection with the Company or otherwise in force and relating to the Business or any of the Facilities or AssetsBusiness, including a brief description of the character of the bond or agreement, agreement and the name of the surety or the indemnifying party. Schedule 5.17 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 or increases in premiums therefore during the past two years. Such policies are owned by and payable solely to the Company or one of its SubsidiariesCompanies, 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 5.17 5.18 are in full force and effect, all premiums due on or before the Closing Date have been or will be paid on or before the Closing Date, none of the Company and the Subsidiaries has Companies have not been advised by any of its their insurance carriers of an intention to terminate or modify or materially raise the premiums for any such policiespolicies other than under circumstances where the Companies have received a commitment for a replacement policy, nor have any of them the Companies failed to comply with any of the material conditions contained in any such policies.