Common use of Licenses, Permits, and Certifications Clause in Contracts

Licenses, Permits, and Certifications. Each Credit Party has, and to the actual knowledge of one or more Responsible Officers of the Borrower, each Equity Holder has, such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs and Private Payor Arrangements (including without limitation such permits as are required under Healthcare Laws and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) other than such failures as could not reasonably be expected to have a Material Adverse Effect. Each Credit Party has, and to the actual knowledge of one or more Responsible Officers of the Borrower, each Equity Holder has, all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive reimbursement claims under all applicable Government Reimbursement Programs for any medical services or supplies furnished by any Credit Party in any jurisdiction where any Credit Party conducts business other than such failures as could not reasonably be expected to have a Material Adverse Effect. No Credit Party (and, to the actual knowledge of one or more Responsible Officer of the Borrower, no Equity Holder) is currently subject to, suspension, revocation, renewal or denial of any applicable certification, provider or supplier billing number(s), or any participation agreement(s) under any applicable Government Reimbursement Program which could reasonably be expected to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

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Licenses, Permits, and Certifications. Each Credit Party has, and to (i) To the actual knowledge of one or more the Responsible Officers of the BorrowerParent and the Borrowers, each Equity Holder has, Tenant has such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) ), if the failure to obtain such permits, licenses, franchises, certificates and other than such failures as approvals or authorizations could not reasonably be expected to have result in a Material Adverse Effect. Each Credit Party hasNotwithstanding the foregoing, and to no Borrower is the actual owner of any licenses or permits required for the provision of Medical Services at any of the Real Property Assets. (ii) To the knowledge of one or more the Responsible Officers of the BorrowerParent and the Borrowers, each Equity Holder has, Tenant has all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive submit reimbursement claims under all applicable Government Reimbursement Programs to Medicare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than such failures as if the failure to obtain billing number(s) or related documentation could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one or more the Responsible Officer Officers of the BorrowerParent and the Borrowers, no Equity Holder) Tenant is currently subject to, to suspension, revocation, renewal or denial of any applicable its Medicare and/or Medicaid certification, provider or supplier billing number(s), or any Medicare and/or Medicaid participation agreement(s). (iii) under To the knowledge of the Responsible Officers of the Parent and the Borrowers, each of the facilities located on the Real Property Assets owned by the Borrowers are currently accredited by the Joint Commission on Accreditation of Healthcare Organizations (“JCAHO”) or any applicable Government Reimbursement Program which could reasonably be expected other required Governmental Authority and is duly licensed to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or operate in the aggregatemanner currently operated, reasonably be expected as required under applicable Laws. In addition, to have a Material Adverse Effectthe knowledge of the Responsible Officers of the Parent and the Borrowers, each such facility is in compliance in all material respects with the applicable provisions of every law, ordinance, statute, regulation, order, standard, restriction or rule of any federal, state or local government or quasi-governmental body, agency, board or authority having jurisdiction over the operation thereof, including, without limitation, health care and fire safety codes.

Appears in 2 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)

Licenses, Permits, and Certifications. Each Credit Party has, and to (i) To the actual knowledge of one or more the Responsible Officers of the BorrowerParent and the Borrowers, each Equity Holder has, Tenant has such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare, Tricare (if applicable) and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) ), if the failure to obtain such permits, licenses, franchises, certificates and other than such failures as approvals or authorizations could not reasonably be expected to have result in a Material Adverse Effect. Each Credit Party hasNotwithstanding the foregoing, and to no Borrower is the actual owner of any licenses or permits required for the provision of Medical Services at any of the Real Property Assets. (ii) To the knowledge of one or more the Responsible Officers of the BorrowerParent and the Borrowers, each Equity Holder has, Tenant has all Medicare, Tricare (if applicable), Medicaid and related agency provider or supplier billing number(s) and related documentation necessary for it to receive submit reimbursement claims under all applicable Government Reimbursement Programs to Medicare, Tricare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than such failures as if the failure to obtain billing number(s) or related documentation could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one or more the Responsible Officer Officers of the BorrowerParent and the Borrowers, no Equity Holder) Tenant is currently subject to, to suspension, revocation, renewal or denial of any applicable its Medicare, Tricare and/or Medicaid certification, provider or supplier billing number(s), or any Medicare, Tricare and/or Medicaid participation agreement(s). (iii) under To the knowledge of the Responsible Officers of the Parent and the Borrowers, each of the facilities located on the Real Property Assets owned by the Borrowers is currently accredited by The Joint Commission (the “Joint Commission”) or certified by any applicable Government Reimbursement Program which could reasonably be expected required Governmental Authority and is duly licensed to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or operate in the aggregatemanner currently operated, reasonably be expected as required under applicable Laws. In addition, to have a Material Adverse Effectthe knowledge of the Responsible Officers of the Parent and the Borrowers, each such facility is in compliance in all material respects with the applicable provisions of every law, ordinance, statute, regulation, order, standard, restriction or rule of any federal, state or local government or quasi-governmental body, agency, board or authority having jurisdiction over the operation thereof, including, without limitation, health care and fire safety codes.

Appears in 2 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)

Licenses, Permits, and Certifications. Each Credit Party has, and to (i) To the actual knowledge of one or more Responsible Officers of the BorrowerCredit Parties and each Unencumbered Property Owner, each Equity Holder has, tenant has such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) ), if the failure to obtain such permits, licenses, franchises, certificates and other than such failures as approvals or authorizations could not reasonably be expected to have result in a Material Adverse Effect. Each Notwithstanding the foregoing, no Credit Party has, and to or Unencumbered Property Owner is the actual knowledge owner of one any licenses or more Responsible Officers permits required for the provision of Medical Services at any of the BorrowerReal Estate Assets owned by any Credit Party or Unencumbered Property Owner. (ii) To the knowledge. Each of the Credit Parties and each Unencumbered Property Owner, each Equity Holder has, tenant has all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive reimbursement claims under all applicable Government Reimbursement Programs from Medicare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than if the failure to obtain billing number(s) or related documentation could Subsidiary is in compliance in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such failures as instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one the Credit Parties or more Responsible Officer of the Borrowerany Unencumbered Property Owner, no Equity Holder) tenant is currently subject to, to suspension, revocation, renewal or denial of any applicable its Medicare and/or Medicaid certification, provider or supplier billing number(s), or any Medicare and/or Medicaid participation agreement(s) under any applicable Government Reimbursement Program which could reasonably be expected to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect).

Appears in 2 contracts

Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust)

Licenses, Permits, and Certifications. Each Credit Party has, and to (i) To the actual knowledge of one or more the Responsible Officers of the Parent and the Borrower, Tenant and/or each Equity Holder has, of the Subtenants has such permits, licenses, franchises, certificates and other approvals or authorizations (collectively, the “Licenses”) of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare, Tricare (if applicable) and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) other than ), if the failure to obtain such failures as Licenses could not reasonably be expected to have result in a Material Adverse Effect. Each Credit Party hasNotwithstanding the foregoing, and to Borrower is not the actual owner of any Licenses required for the provision of Medical Services at any of the Real Property Assets. (ii) To the knowledge of one or more the Responsible Officers of the Parent and the Borrower, the Tenant and/or each Equity Holder has, of the Subtenants has all Medicare, Tricare (if applicable), Medicaid and related agency provider or supplier billing number(s) and related documentation necessary for it to receive submit reimbursement claims under all applicable Government Reimbursement Programs to Medicare, Tricare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than such failures as if the failure to obtain billing number(s) or related documentation could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one or more the Responsible Officer Officers of the Parent and the Borrower, no Equity Holder) neither Tenant nor any Subtenant is currently subject to, to suspension, revocation, renewal or denial of any applicable its Medicare, Tricare and/or Medicaid certification, provider or supplier billing number(s), or any Medicare, Tricare and/or Medicaid participation agreement(s). (iii) under To the knowledge of the Responsible Officers of the Parent and the Borrower, each of the facilities located on the Real Property Assets is currently accredited by The Joint Commission (the “Joint Commission”) and certified by any applicable Government Reimbursement Program which could reasonably be expected required Governmental Authority and is duly licensed to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or operate in the aggregatemanner currently operated, reasonably be expected as required under applicable Laws. In addition, to have a Material Adverse Effectthe knowledge of the Responsible Officers of the Parent and the Borrower, each such facility is in compliance in all material respects with the applicable provisions of every Law of any Governmental Authority having jurisdiction over the operation thereof, including, without limitation, Healthcare Laws and fire safety codes.

Appears in 1 contract

Samples: Credit Agreement (Omega Healthcare Investors Inc)

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Licenses, Permits, and Certifications. Each Credit Party has, and to i. To the actual knowledge of one or more Responsible Officers of the Borrowereach Obligor and each Unencumbered Property Owner, each Equity Holder has, Tenant has such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) ), if the failure to obtain such permits, licenses, franchises, certificates and other than such failures as approvals or authorizations could not reasonably be expected to have result in a Material Adverse Effect. Each Credit Party hasNotwithstanding the foregoing, and to no Obligor or Unencumbered Property Owner is the actual owner of any licenses or permits required for the provision of Medical Services at any of the Real Estate Assets owned by an Obligor or Unencumbered Property Owner. ii. To the knowledge of one or more Responsible Officers of each Obligor and the BorrowerUnencumbered Property Owners, each Equity Holder has, Tenant has all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive reimbursement claims under all applicable Government Reimbursement Programs from Medicare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than such failures as if the failure to obtain billing number(s) or related documentation could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one or more Responsible Officer of each Obligor and the BorrowerUnencumbered Property Owners, no Equity Holder) Tenant is currently subject to, to suspension, revocation, renewal or denial of any applicable certification, provider or supplier billing number(s), or any participation agreement(s) under any applicable Government Reimbursement Program which could reasonably be expected to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.its Medicare and/or Medicaid

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Physicians Realty Trust)

Licenses, Permits, and Certifications. Each Credit Party has, and to (i) To the actual knowledge of one or more the Responsible Officers of the BorrowerCredit Parties, each Equity Holder has, Eligible Tenant has such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law Law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs Medicare and Private Payor Arrangements Medicaid (including without limitation such permits as are required under Healthcare Laws such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) ), if the failure to obtain such permits, licenses, franchises, certificates and other than such failures as approvals or authorizations could not reasonably be expected to have result in a Material Adverse Effect. Each Credit Party hasNotwithstanding the foregoing, and to no Borrower is the actual owner of any licenses or permits required for the provision of Medical Services at any of the Real Property Assets except as a Short Term Operator. (ii) To the knowledge of one or more the Responsible Officers of the BorrowerCredit Parties, each Equity Holder has, Eligible Tenant has all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive reimbursement claims under all applicable Government Reimbursement Programs from Medicare and/or Medicaid for any medical services or supplies Medical Service furnished by any Credit Party such Person in any jurisdiction where any Credit Party it conducts business other than such failures as if the failure to obtain billing number(s) or related documentation could not reasonably be expected to have result in a Material Adverse Effect. No Credit Party (and, to To the actual knowledge of one or more the Responsible Officer Officers of the BorrowerCredit Parties, each Eligible Tenant that participates in the Medicare program meets Medicare’s Conditions for Participation and no Equity Holder) Eligible Tenant is currently subject toto exclusion, suspension, revocation, renewal or denial of any applicable its Medicare and/or Medicaid certification, provider or supplier billing number(s), or any Medicare and/or Medicaid participation agreement(s). (iii) under any applicable Government Reimbursement Program which could reasonably be expected to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually Except as set forth on Schedule 5.19 or in any Property Condition Report, to the aggregateknowledge of the Responsible Officers of the Credit Parties, reasonably be expected each of the facilities located on the Borrowing Base Assets owned by the Borrowers are currently accredited by the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations (“Joint Commission”)) or any other required Governmental Authority and is duly licensed to have a Material Adverse Effectoperate in the manner currently operated, as required under applicable Laws. In addition, except as set forth on Schedule 5.19 or in any Property Condition Report, to the knowledge of the Responsible Officers of the Credit Parties, each such facility is in compliance in all material respects with the applicable provisions of every Law of any Governmental Authority having jurisdiction over the operation thereof, including, without limitation, Healthcare Laws and fire safety codes.

Appears in 1 contract

Samples: Credit Agreement (Aviv Healthcare Properties L.P.)

Licenses, Permits, and Certifications. Each Credit Party has, and to the actual knowledge of one or more Responsible Officers of the Borrower, each Equity Holder has, such permits, licenses, franchises, certificates and other approvals or authorizations of Governmental Authorities as are necessary under applicable law or regulations to own its properties and to conduct its business and to submit claims for and receive reimbursement under all applicable Government Reimbursement Programs and Private Payor Arrangements (including without limitation such permits as are required under Healthcare Laws and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto) other than such failures as could not reasonably be expected to have a Material Adverse Effect. Each Credit Party has, and to the actual knowledge of one or more Responsible Officers of the Borrower, each Equity Holder has, all Medicare, Medicaid and related agency supplier billing number(s) and related documentation necessary for it to receive reimbursement claims under all applicable Government Reimbursement Programs for any medical services or supplies furnished by any Credit Party in any jurisdiction where any Credit Party conducts business other than such failures as could not reasonably be expected to to have a Material Adverse Effect. No Credit Party (and, to the actual knowledge of one or more Responsible Officer of the Borrower, no Equity Holder) is currently subject to, suspension, revocation, renewal or denial of any applicable certification, provider or supplier billing number(s), or any participation agreement(s) under any applicable Government Reimbursement Program which could reasonably be expected to cause a Material Adverse Effect. There currently exist no restrictions, deficiencies, required plans of corrective action or other such remedial measures with respect to any certifications, accreditations or licensures (whether under any Government Reimbursement Program, or Healthcare Law) other than restrictions, deficiencies, required plans of corrective action or other remedial measures that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mednax, Inc.)

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