Common use of Misdirected Payments, Etc Clause in Contracts

Misdirected Payments, Etc. Sellers and Buyer covenant and agree to remit to the other, with reasonable promptness (within five (5) business days after receipt) to the other any payments received, which payments are on or in respect of accounts or notes receivable owned by (or are otherwise payable to) the other. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to the Sellers or the Hospital resulted in an overpayment or other determination that funds previously paid by any program or plan to the Sellers or the Hospital must be repaid, Sellers shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered prior to the Effective Time and Buyer shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered after the Effective Time. In the event that, following Closing, Buyer suffer any offsets against reimbursement under any third-party payor or reimbursement programs due to Buyer, relating to amounts owing under any such programs by Sellers or any of their Affiliates, Sellers shall promptly upon demand from Buyer pay to Buyer the amounts so billed or offset.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rennova Health, Inc.), Asset Purchase Agreement (Rennova Health, Inc.)

AutoNDA by SimpleDocs

Misdirected Payments, Etc. Sellers Seller covenants and agrees and Buyer covenant on behalf of itself and agree Southern covenants and agrees, to remit to the other, with reasonable promptness (within five (5) business days after receipt) to the other promptness, any payments received, which payments are on or in respect of accounts or notes receivable owned by (or are otherwise payable to) the other. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to the Sellers Southern or the Hospital Trace Regional resulted in an overpayment or other determination that funds previously paid by any program or plan to the Sellers Southern or the Hospital Trace Regional must be repaid, Sellers Seller shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered prior to the Effective Time Closing and Buyer shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered by Southern or Trace Regional after the Effective TimeClosing. In the event that, following Closing, Buyer suffer Southern suffers any offsets against reimbursement under any third-party payor or reimbursement programs due to Buyerit, relating to amounts owing under any such programs by Sellers Seller or any of their its Affiliates, Sellers Seller shall promptly upon demand from Buyer pay to Buyer or Southern the amounts so billed or offset.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sunlink Health Systems Inc)

Misdirected Payments, Etc. Sellers Seller and Buyer covenant covenants and agree agrees to remit to the otherremit, with reasonable promptness (within five (5) business days after receipt) promptness, to the other any payments received, which payments are on or in respect of accounts or notes receivable owned by (or are otherwise payable to) the other. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to the Sellers Seller or the Hospital Businesses resulted in an overpayment or other determination that funds previously paid by any program or plan to the Sellers Seller or the Hospital Businesses must be repaid, Sellers Seller shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered on or prior to the Effective Time Closing Date, and the Buyer shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered after the Effective TimeClosing Date. In the event that, following Closing, the Buyer suffer suffers any offsets against reimbursement under any third-party payor or reimbursement programs due to Buyer, relating to amounts owing under any such programs by Sellers Buyer or any of their its Affiliates, Sellers Seller shall promptly immediately upon written demand from the Buyer pay to the Buyer the amounts so billed or offset.

Appears in 1 contract

Samples: Asset Purchase Agreement

Misdirected Payments, Etc. Sellers Seller covenants and agrees and Buyer covenant covenants and agree agrees, to remit to the other, with reasonable promptness (within five (5) business days after receipt) to the other promptness, any payments received, which payments are on or in respect of accounts or notes receivable owned by (or are otherwise payable to) the other. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to the Sellers or the Hospital Seller prior to Closing resulted in an overpayment or other determination that funds previously paid by any program or plan to the Sellers or the Hospital Seller must be repaid, Sellers Seller shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered prior to the Effective Time Closing and Buyer shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered by Buyer after the Effective TimeClosing. In the event that, following Closing, Buyer suffer or Seller suffers any offsets against reimbursement under any third-party payor or reimbursement programs due to Buyerit, relating to consisting of amounts owing under any such programs by Sellers the other party or any of their its Affiliates, Sellers the party owing such amounts shall promptly upon demand from Buyer the party suffering such offset pay to Buyer the party suffering such offset the amounts so billed or offset.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sunlink Health Systems Inc)

AutoNDA by SimpleDocs

Misdirected Payments, Etc. Sellers Seller covenants and Buyer covenant agrees and agree Xxxxx on behalf of itself and Seller covenants and agrees, to remit to the other, with reasonable promptness (within five (5) business days after receipt) to the other promptness, any payments received, which payments are on or in respect of accounts or notes receivable owned by (or are otherwise payable to) the other. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to the Sellers Seller or the Hospital Trace Regional resulted in an overpayment or other determination that funds previously paid by any program or plan to the Sellers Seller or the Hospital Trace Regional must be repaid, Sellers Seller shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered prior to the Effective Time Closing and Buyer shall be responsible for repayment of said monies (or defense of such actions) if such overpayment or other repayment determination was for services rendered by Seller or Trace Regional after the Effective TimeClosing. In the event that, following Closing, Buyer suffer Seller suffers any offsets against reimbursement under any third-party payor or reimbursement programs due to Buyerit, relating to amounts owing under any such programs by Sellers Seller or any of their its Affiliates, Sellers Seller shall promptly upon demand from Buyer pay to Buyer or Seller the amounts so billed or offset.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sunlink Health Systems Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.