Common use of Census Clause in Contracts

Census. With respect to any twelve (12) month period during the Term, Borrower will not allow the average patient census for such 12-month period, for the nursing homes listed on Schedule 4.15 attached hereto when taken as a whole, to fall below eighty percent (80%) of the aggregate patient census of such nursing homes as of the Closing Date, as reflected on Schedule 4.15

Census. With respect to any twelve (12) month period during the Term, Borrower will not allow the average patient census for all of the nursing homes listed on Schedule 4.15(b), when taken as a whole for such 12-month period, for the nursing homes listed on Schedule 4.15 attached hereto when taken as a whole, to fall below eighty percent (80%) of the aggregate average patient census of such nursing homes as of the Closing Date, as reflected shown on Schedule 4.154.15(b) in an amount that has a materially adverse effect on Borrower's business or operations. ARTICLE VIII

Census. With respect to any twelve (12) month period during the Term, Borrower will not allow the average patient census for such 12-month period, for the nursing homes listed on Schedule SCHEDULE 4.15 attached hereto when taken as a whole, to fall below eighty ninety percent (8090%) of the aggregate patient census of such nursing homes as of the Closing Date, as reflected on Schedule SCHEDULE 4.15

Census. With respect to any twelve (12) month period during the Term, Borrower Borrowers will not allow the average patient census for all of the nursing homes listed on Schedule 4.15(b), when taken as a whole for such 12-month period, for the nursing homes listed on Schedule 4.15 attached hereto when taken as a whole, to fall more than 5% below eighty percent (80%) of the aggregate average 2007 patient census of 77.7% or by an amount that could be reasonably expected to have a Material Adverse 41 Effect, provided, however, such nursing homes as of the Closing Date, as reflected on Schedule 4.15calculation shall not include censes date from any New Operating Company that becomes a Borrower under this Agreement for at least twelve (12) months.