Common use of Participation Agreements and Resident Agreements Clause in Contracts

Participation Agreements and Resident Agreements. The Borrowers have furnished to the Administrative Agent, on or before the Facility Closing, the Borrowers' form of Resident Agreement used with respect to all Facilities and, if requested by the Administrative Agent after the occurrence and during the continuance of a Default, copies of all current, executed Resident Agreements for any or all of the Eligible Projects. (a) The Borrowers further covenant to the Lenders that, with respect to the Participation Agreements, if any, (i) to the best of their knowledge, all Participation Agreements will be at the time of execution and delivery thereof valid and binding on the parties thereto and in full force and effect, and (ii) all Participation Agreements will provide for payment to the applicable Borrower for services rendered to residents. The Borrowers represent and warrant that as of the date hereof it has not entered into any Participation Agreement for any Facility. (b) To the extent the Borrowers participates or will participate in Medicare or Medicaid payment and reimbursement programs, the Borrowers have complied and will comply with all notice and other requirements under Title XVIII and Title XIX of the Social Security Act to enable the Borrowers to participate in the Medicare and Medicaid payment and reimbursement programs.

Participation Agreements and Resident Agreements. The Borrowers have furnished to the Administrative AgentLender, on or before the Credit Facility Closing, the Borrowers' form of Resident Agreement used with respect to all Facilities and, if requested by the Administrative Agent Lender after the occurrence and during the continuance of a Default, copies of all current, executed Resident Agreements for any or all of the Eligible ProjectsFacilities. (a) The Borrowers further covenant to the Lenders Lender that, with respect to the Participation Agreements, if any, (i) to the best of their knowledge, all Participation Agreements will be at the time of execution and delivery thereof valid and binding on the parties thereto and in full force and effect, and (ii) all Participation Agreements will provide for payment to the applicable Borrower for services rendered to residents. The Borrowers represent and warrant that as of the date hereof it has not entered into any Participation Agreement for any Facility. (b) To the extent the Borrowers participates participate or will participate in Medicare or Medicaid payment and reimbursement programs, the Borrowers have complied and will comply with all notice and other requirements under Title XVIII and Title XIX of the Social Security Act to enable the Borrowers to participate in the Medicare and Medicaid payment and reimbursement programs.

Participation Agreements and Resident Agreements. The Borrowers Guarantors have furnished to the Administrative Agent, on or before the Facility ClosingClosing Date, the BorrowersGuarantors' form of Resident Agreement used with respect to all Facilities and, if requested by the Administrative Agent after the occurrence and during the continuance of a Default, copies of all current, executed Resident Agreements for any or all of the Eligible Projects. (a) The Borrowers Facilities. Guarantors further covenant to the Lenders that, with respect to the Participation Agreements, if any, (i) to the best of their knowledge, all Participation Agreements will be at the time of execution and delivery thereof valid and binding on the parties thereto and in full force and effect, and (ii) all Participation Agreements will provide for payment to the applicable Borrower Guarantor for services rendered to residents. The Borrowers Guarantors represent and warrant that as of the date hereof it has not entered into any Participation Agreement for any Facility. (b) . To the extent the Borrowers participates Guarantors participate or will participate in Medicare or Medicaid payment and reimbursement programs, the Borrowers Guarantors have complied and will comply with all notice and other requirements under Title XVIII and Title XIX of the Social Security Act to enable the Borrowers Guarantors to participate in the Medicare and Medicaid payment and reimbursement programs.