Compliance with Facility Laws. Each Facility is duly licensed as an assisted living facility and is currently operated at the licensed unit/bed capacity set forth on Schedule B attached hereto and made a part hereof under the applicable laws of the state where the Facility is located. To Borrower’s actual knowledge, Borrower or Manager has obtained all Permits for the Facility, including, without limitation, the Certificate of Need, if applicable, which (a) are in full force and effect, (b) constitute all of the permits, licenses and certificates required for the use, operation and occupancy thereof, (c) have not been pledged as collateral for any loan or Indebtedness other than the Loan, (d) are held free from restrictions or any encumbrance which would materially adversely affect the use or operation of the Facility, and (e) except as set forth on Schedule 3.7 attached hereto and made a part hereof, are not provisional, probationary or restricted in any way. Borrower, the Facility and, to Borrower's actual knowledge, Manager are in compliance in all material respects with the applicable provisions of assisted living facility laws, rules, regulations and published interpretations to which the Facility is subject. No waivers of any laws, rules, regulations, or requirements (including, but not limited to, minimum foot requirements per bed) are required for the Facility to operate at the current licensed unit and/or bed capacity. To the extent required, Borrower is and, to Borrower’s actual knowledge, Manager is in good standing with all the respective agencies governing such applicable licenses and program certification. Borrower and/or the Facility is current in the payment of all so-called provider specific taxes or other assessments, if applicable. Borrower will maintain or cause to be maintained by Manager (without allowing to lapse) the Certificate of Need, if applicable, and any required Permits.
Compliance with Facility Laws. The Facility is duly licensed under the applicable laws of the state where the Land is located and is currently operated as the type of facility identified in the definition of “Facilities”. Borrower is the lawful owner of all Permits for the Facility, including, without limitation, the Certificate of Need, if applicable, which (a) are in full force and effect, (b) constitute all of the permits, licenses and certificates required for the use, operation and occupancy thereof, (c) have not been pledged as collateral for any other loan or Indebtedness, (d) are held free from any restriction or any encumbrance which would materially adversely affect the use or operation of the Facility and (e) are not provisional, probationary or materially restricted in any way. Borrower and Manager as well as the operation of the Facility are in compliance in all material respects with the applicable provisions of all laws, rules, regulations and published interpretations to which the Facility is subject. No waivers of any laws, rules, regulations, or requirements (including, but not limited to, minimum foot requirements per unit) are required for the Facility to operate at the foregoing licensed unit capacity. All Reimbursement Contracts are in full force and effect with respect to the Facility, and Borrower and Manager are in good standing with all the respective agencies governing such applicable Facility licenses, program certification and Reimbursement Contracts. Borrower and Manager are current in the payment of all so-called provider specific taxes or other assessments with respect to such Reimbursement Contracts. Borrower will maintain the Certificate of Need, if applicable, and/or any required Permits in full force and effect. In the event Lender acquires the Facility through foreclosure or otherwise, neither Lender nor a subsequent manager, a subsequent lessee or any subsequent purchaser (through foreclosure or otherwise) must obtain a Certificate of Need prior to applying for and receiving a license to operate the Facility and certification to receive Medicare and Medicaid payments (and its successor programs) for patients having coverage thereunder provided that no service or unit complement is changed.
Compliance with Facility Laws. (a) Each of the following Facilities are duly licensed and operated as follows:
Compliance with Facility Laws. [Intentionally Deleted] -----------------------------
Compliance with Facility Laws. (a) Commencing on the Operations Closing Date, Borrowers shall be in compliance, as applicable, in all material respects with the applicable provisions of skilled nursing facility laws, rules, regulations and published interpretations to which Borrowers are subject.
Compliance with Facility Laws. The Facility is currently operated as a 178 unit independent living facility. Borrower is the lawful owner of all Permits for the Facility; all Permits (a) are in full force and effect, (b) constitute all of the permits, licenses and certificates required for the use, operation and occupancy thereof, (c) have not been pledged as collateral for any other loan or Indebtedness, (d) are held free from any restriction or any encumbrance which would materially adversely affect the use or operation of the Facility, and (e) are not provisional, probationary or restricted in any way. Borrower and Manager as well as the operation of the Facility are in compliance in all material respects with the applicable provisions of independent living facility laws, rules, regulations and published interpretations to which the Facility is subject. No waivers of any laws, rules, regulations, or requirements (including, but not limited to, minimum area requirements per unit) are required for the Facility to operate at the foregoing permitted unit capacity. If and to the extent applicable, all Reimbursement Contracts with respect to the Facility are in full force and effect, and Borrower and Manager are in good standing with all the respective agencies governing such applicable Facility licenses, program certification, and Reimbursement Contracts.
Compliance with Facility Laws. (a) Borrower, Xxxxxx Xx and Operator, as applicable, are the lawful holders of all Permits for the Facility, all of which (i) are in full force and effect; (ii) constitute all of the Permits required for the use, operation and occupancy thereof; (iii) have not been pledged as collateral for any other loan or Indebtedness; (iv) are held free from restrictions or any encumbrance which would materially adversely affect the use or operation of the Facility; and
Compliance with Facility Laws. Except as may be disclosed in Exhibit "G", to Seller's Knowledge the Facility, including without limitation, the buildings and improvements included thereon, shall be, at the Closing Date, in compliance in all Material respects with all laws, ordinances, codes, regulations and requirements of the State of Florida and any political subdivision or agency thereof, and the federal government and any political subdivision or agency thereof, concerning and applicable to licensing of nursing care facilities, together with such other laws, ordinances, codes, regulations and requirements concerning and applicable to buildings and the Facility generally, as shown by the licenses previously issued to the Seller, or its predecessor, by the State of Florida or any other state or federal government or political subdivision or agency thereof. The Facility is fully licensed by the State of Florida and in good standing as healthcare providers under the Medicaid and Medicare programs, as both programs are administered by the federal government and the State of Florida. The Medicare and Medicaid cost reports for the last two (2) fiscal years and the current portion of this fiscal year are true and correct in all Material respects except as may be disclosed in Exhibit "G".
Compliance with Facility Laws. The Owner is the lawful owner of all Permits for the Facility, including, without limitation, the Certificate of Need, if applicable, which (a) are in full force and effect, (b) constitute all of the permits, licenses and certificates required for the use, operation and occupancy thereof, (c) have not been pledged as collateral for any other loan or Indebtedness, except the First Mortgage Loan, (d) are held free from any restriction or any encumbrance which would materially adversely affect the use or operation of the Facility and (e) are not provisional or probationary in any way. Owner and Manager, as well as the operation of the Facility, are in compliance in all material respects with the applicable provisions of all laws, rules, regulations and published interpretations to which the Facility is subject. No waivers of any laws, rules, regulations, or requirements (including, but not limited to, minimum foot requirements per unit) are required for the Facility to operate at the current licensed unit capacity. All Reimbursement Contracts are in full force and effect with respect to the Facility, and Owner and Manager are in good standing with all the respective agencies governing such applicable Facility licenses, program certification and Reimbursement Contracts. Owner and Manager are current in the payment of all so- called provider specific taxes or other assessments with respect to such Reimbursement Contracts. Owner will maintain the Certificate of Need, if applicable, and/or any required Permits in full force and effect. In the event Mezzanine Lender acquires the Facility through foreclosure or otherwise, neither Mezzanine Lender nor a subsequent manager, a subsequent lessee or any subsequent purchaser (through foreclosure or otherwise) must obtain a Certificate of Need prior to applying for and receiving a license to operate the Facility and certification to receive Medicare and Medicaid payments (and its successor programs) for residents having coverage thereunder provided that no service or unit complement is changed.
Compliance with Facility Laws. The Facility is duly licensed as a 235-unit independent/assisted living facility under the applicable laws of the state where the Land is located and is currently operated as an independent/assisted living facility. Borrower is the lawful owner of all Permits for the Facility, including, without limitation, any applicable certificate of need, which (a) are in full force and effect, (b) constitute all of the permits, licenses and certificates required for the use, operation and occupancy thereof, (c) have not been pledged as collateral for any other loan or Indebtedness, (d) are held free from any restriction or any encumbrance which would materially adversely affect the use or operation of the Facility and (e) are not provisional, probationary or restricted in any way. Borrower and Manager as well as the operation of the Facility are in compliance in all material respects with the applicable provisions of Facility, independent living facility and/or assisted living facility laws, rules, regulations and published interpretations to which the Facility is subject. No waivers of any laws, rules, regulations, or requirements (including, but not limited to, minimum area requirements per unit) are required for the Facility to operate at the foregoing licensed unit capacity. All Reimbursement Contracts with respect to the Facility are in full force and effect, and Borrower and Manager are in good standing with all the respective agencies governing such applicable Facility licenses, program certification, and Reimbursement Contracts.
