Common use of Pending Actions, Notices and Reports Clause in Contracts

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any such member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any such member of the Leasing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any such member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement;; and (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of beds, units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor Authority which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or or, with respect to the Project, proposed upon Completion of the Project to be conducted with respect to the Leased Property or which may materially adversely impact reimbursement with respect to any member of its obligations under the Leasing Group for services rendered to beneficiaries of Third Party Payor ProgramsLease Documents. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, if any, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews reviews, if any, relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and all applicable reviews or scrutiny by any managed care or utilization review companies companies, if any, have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews reviews, if any, relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (aA) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group Lessee or the Guarantor or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group Lessee or the Guarantor to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member of the Leasing Group Lessee for services rendered to beneficiaries of Third Party Payor Programs. (bB) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (cC) The most recent utilization reviews reviews, if any, relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (dD) The If applicable, the Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor Authority which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any such member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any such member of the Leasing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any such member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programsthird party payor programs. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor Authority or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There Tere is no action or investigation pending or, to the best knowledge and belief of the LesseeSeller, threatened, anticipated or contemplated (nor, to the knowledge of the LesseeSeller, is there any reasonable basis therefor) against or affecting the Leased Property (or any portion thereof) or any member of the Leasing Selling Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor Authority which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of this Agreement or any of the Lease other Seller Documents or any action taken or to be taken in connection with the transactions contemplated thereunder hereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Selling Group or any portion of the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of any portion of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Selling Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member under the terms hereof. None of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility Facilities nor any member of the Leasing Selling Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor Authority or any insurance body other Person having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Approved Property to rework or redesign any of the Leased PropertyExisting Project Plans, its the Approved Property (or any portion thereof) or the professional staff or its staff, the professional services, procedures or practices of the Approved Property (or any portion thereof) in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take any action so as to make the Leased Approved Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any . As of the Leased Property. No claims applicable Closing Date involving the Blue Xxxx Facility, the Richmond Facility, the Xxxxxxxxxx Facility or assertions have been made in the West Bloomfield Hills Facility, neither the applicable Facility nor any utilization review that any member of the practices Selling Group shall have received any notice of any claim, requirement or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies demand of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during any other Person having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over any such Facility to rework or redesign any of the most recent licensing period, together with all plans of correction Project Plans relating thereto, any portion of the Property relating thereto or the professional staff, the professional services, procedures or practices of any such Facility in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take any action so as to make such Facility (and/or the applicable portion of the Property relating thereto) conform to or comply with any Legal Requirement.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the beliefof Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the of. Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) thereof before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the ofthe Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or proposed proposed, upon Completion ofthe Project, to be conducted with respect to the Leased Property or with respect to its obligations under the Lease Documents or which may materially adversely impact reimbursement to any member of the ofthe Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the ofthe Leasing Group has received any notice of any claim, requirement or demand of any Governmental Govemmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; ; (c) The most recent utilization reviews reviews, if any, relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and all applicable reviews or scrutiny by any managed care or utilization review companies companies, if any, have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the ofthe practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews reviews, if any; relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.48

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) thereof before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or proposed proposed, upon Completion of the Project, to be conducted with respect to the Leased Property or with respect to its obligations under the Lease Documents or which may materially adversely impact reimbursement to any member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs.54 (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; ; (c) The most recent utilization reviews reviews, if any, relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and all applicable reviews or scrutiny by any managed care or utilization review companies companies, if any, have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews reviews, if any, relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or proposed proposed, upon Completion of the Project, to be conducted with respect to the Leased Property or with respect to its obligations under the Lease Documents or which may materially adversely impact reimbursement to any member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews reviews, if any, relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and all applicable reviews or scrutiny by any managed care or utilization review companies companies, if any, have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews reviews, if any, relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (aA) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group Lessee or the Guarantor or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group Lessee or the Guarantor to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member of the Leasing Group Lessee for services rendered to beneficiaries of Third Party Payor Programs. (bB) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (cC) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (dD) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) ), excluding Deaconess, before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any such member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any such member of the Leasing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any such member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the Leasing Group Group, excluding Deaconess, has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement;; and (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of beds, units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) A. There is no action or investigation pending or, to the best knowledge knowledge-and belief of the LesseeBorrower, threatened, anticipated or contemplated (nor, to the knowledge of the LesseeBorrower, is there any reasonable basis therefor) against or affecting the Leased Mortgaged Property or any member of the Leasing Borrowing Group (or any Affiliate thereof) thereof before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Loan Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Borrowing Group or the Leased Mortgaged Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Mortgaged Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Mortgaged Property) or any material impairment of the right or ability of any member of the Leasing Borrowing Group to carry on its operations as presently conducted or proposed to be conducted with respect to the Mortgaged Property or which may materially adversely impact reimbursement with respect to any member of its obligations under the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Loan Documents; B. Neither the Facility nor any member of the Leasing Borrowing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Mortgaged Property to rework or redesign the Leased Mortgaged Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take any action so as to make the Leased Mortgaged Property conform to or comply with any Legal Requirement; (c) ; C. The most recent utilization reviews relating to the Leased Mortgaged Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of beds, units or programs at any of the Leased Mortgaged Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Mortgaged Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Mortgaged Property; and (d) and D. The Lessee Borrower has delivered or caused to be delivered to the Lessor Lender true and and. correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Mortgaged Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.. 14

Pending Actions, Notices and Reports. (a) There is no action or investigation pending or, to the best knowledge and belief of the Lessee, threatened, anticipated or contemplated (nor, to the knowledge of the Lessee, is there any reasonable basis therefor) against or affecting the Leased Property or any member of the Leasing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Group or the Leased Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Property) or any material impairment of the right or ability of any member of the Leasing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member of the Leasing Group for services rendered to beneficiaries of Third Party Payor Programs. (b) Neither the Facility nor any member of the Leasing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property to rework or redesign the Leased Property, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take action so as to make the Leased Property conform to or comply with any Legal Requirement; (c) The most recent utilization reviews relating to the Leased Property by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased Property. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property[Intentionally deleted]; and (d) The Lessee has delivered or caused to be delivered to the Lessor true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.

Pending Actions, Notices and Reports. (a) A. There is no action or investigation pending or, to the best knowledge and belief of the LesseeBorrower, threatened, anticipated or contemplated (nor, to the knowledge of the LesseeBorrower, is there any reasonable basis therefor) against or affecting the Leased Mortgaged Property or any member of the Leasing Borrowing Group (or any Affiliate thereof) before any Governmental Authority, Accreditation Body or Third Party Payor which could prevent or hinder the consummation of the transactions contemplated hereby or call into question the validity of any of the Lease Loan Documents or any action taken or to be taken in connection with the transactions contemplated thereunder or which in any single case or in the aggregate might result in any material adverse change in the business, prospects, condition, affairs or operations of any member of the Leasing Borrowing Group or the Leased Mortgaged Property (including, without limitation, any action to revoke, withdraw or suspend any Permit necessary or desirable for the operation of the Leased Mortgaged Property in accordance with its Primary Intended Use and any action to transfer or relocate any such Permit to a location other than the Leased Mortgaged Property) or any material impairment of the right or ability of any member of the Leasing Borrowing Group to carry on its operations as presently conducted or proposed to be conducted or which may materially adversely impact reimbursement to any member of the Leasing Borrowing Group for services rendered to beneficiaries of Third Party Payor Programs.; (b) Neither B. None of the Facility nor any Facilities and no member of the Leasing Borrowing Group has received any notice of any claim, requirement or demand of any Governmental Authority, Accreditation Body, Third Party Payor or any insurance body having or claiming any licensing, certifying, supervising, evaluating or accrediting authority over the Leased Property any Facility to rework or redesign the Leased Propertyany Facility, its professional staff or its professional services, procedures or practices in any material respect or to provide additional furniture, fixtures, equipment or inventory or to otherwise take any action so as to make the Leased Property such Facility conform to or comply with any Legal Requirement; (c) C. The most recent utilization reviews relating to the Leased Property each Facility by all applicable Third Party Payors, Accreditation Bodies and Governmental Authorities and reviews or scrutiny by any managed care or utilization review companies have not had a material adverse impact on the utilization of units or programs at any of the Leased PropertyFacility. No claims or assertions have been made in any utilization review that any of the practices or procedures used at the Leased Property any Facility are improper or inappropriate other than such claims or assertions which singly and in the aggregate will not have a material adverse impact on the Leased Property; andany Facility; (d) D. The Lessee Borrower has delivered or caused to be delivered to the Lessor Lender true and correct copies of all licenses, inspection surveys and accreditation reviews relating to the Leased Mortgaged Property, issued by any Governmental Authority or Accreditation Body during the most recent licensing period, together with all plans of correction relating thereto.;