Common use of Licenses and Certifications Clause in Contracts

Licenses and Certifications. With respect to any License any Borrower, any Synthetic Lessee or the Management Company possesses or has applied for, (a) no default or event of default has occurred or is continuing under the terms of any of the Licenses, or any condition to the issuance, maintenance, renewal and/or continuance of any License, (b) each Borrower has paid all fees, charges and other expenses to the extent due and payable with respect to, and has provided all information and otherwise complied with all material conditions precedent to, the issuance, maintenance, renewal, and continuance of all Licenses, (c) no Borrower or other License holder has received any notice from any Governmental Authority relating to any actual or pending suspension, revocation, restriction, or imposition of any probationary use, of any License, nor has any License been materially amended, supplemented, rescinded, terminated, or otherwise modified except as otherwise disclosed in writing to, and approved by, the Agent, (d) no Borrower or other License holder has made any previous assignment of any of the Licenses to any Person, and (e) no financing statement covering any of the Licenses is on file in any public office except financing statements in favor of the Agent on behalf of the Lenders. Without implying any limitation to the other representations and warranties contained in this Agreement, neither any Borrower nor any Synthetic Lessee required by any applicable Laws of any state, county or city in which any of the Facilities is located to obtain a Certificate of Need to operate any Facility for its intended purpose or such Borrower has applied for and obtained such Certificate(s) of Need. Licenses to operate are required in most states where the Facilities are located and Certificates of Need are also required in the certain states.

Appears in 2 contracts

Samples: Financing and Security Agreement (American Retirement Corp), Financing and Security Agreement (American Retirement Corp)

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Licenses and Certifications. With The Borrowers further represent and warrant to the Lender that, with respect to any License any Borrower, any Synthetic Lessee they possess or the Management Company possesses or has have applied for, (a) no default Default or event Event of default Default has occurred or is continuing under the terms of any of the Licenses, or any condition to the issuance, maintenance, renewal and/or continuance of any License, (b) each Borrower has the Borrowers have paid all fees, charges and other expenses to the extent due and payable with respect to, and has provided all information and otherwise complied with all material conditions precedent to, the issuance, maintenance, renewal, and continuance of all Licenses, (c) no Borrower or other License holder has the Borrowers have not received any notice from any Governmental Authority relating to any actual or pending suspension, revocation, restriction, 33 39 or imposition of any probationary use, of any License, nor has any License been materially amended, supplemented, rescinded, terminated, or otherwise modified except as otherwise disclosed in writing to, and approved by, the AgentLender, (d) no Borrower or other License holder has the Borrowers have not made any previous assignment of any of the Licenses to any Person, and (e) no financing statement covering any of the Licenses is on file in any public office except financing statements in favor of the Agent on behalf of the LendersLender. Without implying any limitation to the other representations and warranties contained in this Agreement, neither any Borrower nor any Synthetic Lessee the Borrowers are not required by any applicable Laws Law of any state, county or city in which any of the Facilities is located to obtain a Certificate certificate of Need need to operate any Facility for its intended purpose as an assisted living facility or, an independent living facility or such Borrower has applied for and obtained such Certificate(s) of Need. Licenses to operate are required in most all states where the Facilities are located and Certificates of Need are also required in the certain statesState of New Jersey.

Appears in 1 contract

Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)

Licenses and Certifications. With The Borrower further represents and warrants to the Lenders that, with respect to any License any Borrower, any Synthetic Lessee or the Management Company it possesses or has applied for, (a) no default Default or event Event of default Default has occurred or is continuing under the terms of any of the Licenses, or any condition to the issuance, maintenance, renewal and/or continuance of any License, (b) each the Borrower has paid all fees, charges and other expenses to the extent due and payable with respect to, and has provided all information and otherwise complied with all material conditions precedent to, the issuance, maintenance, renewal, and continuance of all Licenses, (c) no the Borrower or other License holder has not received any notice from any Governmental Authority relating to any actual or pending suspension, revocation, restriction, or imposition of any probationary use, of any License, nor has any License been materially amended, supplemented, rescinded, terminated, or otherwise modified except as otherwise disclosed in writing to, and approved by, the Agent, (d) no the Borrower or other License holder has not made any previous assignment of any of the Licenses to any Person, and (e) no financing statement covering any of the Licenses is on file in any public office except financing statements in favor of the Agent on behalf of the Lenders. Without implying any limitation to the other representations and warranties contained in this Agreement, neither any the Borrower nor any Synthetic Lessee is not required by any applicable Laws Law of any state, county or city in which any of the Facilities is located to obtain a Certificate of Need to operate any Facility for its intended purpose or such Borrower has applied for and obtained such Certificate(s) of Need. Licenses to operate are required in most states where the Facilities are located and Certificates of Need are also required in the certain states.

Appears in 1 contract

Samples: Financing and Security Agreement (Alternative Living Services Inc)

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Licenses and Certifications. With The Borrower further represents and warrants to the Lenders that, with respect to any License any Borrower, any Synthetic Lessee or the Management Company it possesses or has applied for, (a) no default Default or event Event of default Default has occurred or is continuing under the terms of any of the Licenses, or any condition to the issuance, maintenance, renewal and/or continuance of any License, (b) each the Borrower has paid all fees, charges and other expenses to the extent due and payable with respect to, and has provided all information and otherwise complied with all material conditions precedent to, the issuance, maintenance, renewal, and continuance of all Licenses, (c) no the Borrower or other License holder has not received any notice from any Governmental Authority relating to any actual or pending suspension, revocation, restriction, or imposition of any probationary use, of any License, nor has any License been materially amended, supplemented, rescinded, terminated, or otherwise modified except as otherwise disclosed in writing to, and approved by, the Agent, (d) no the Borrower or other License holder has not made any previous assignment of any of the Licenses to any Person, and (e) no financing statement covering any of the Licenses is on file in any public office except financing statements in favor of the Agent on behalf of the Lenders. Without implying any limitation to the other representations and warranties contained in this Agreement, neither any the Borrower nor any Synthetic Lessee is not required by any applicable Laws Law of any state, county or city in which any of the Facilities is located to obtain a Certificate certificate of Need need to operate any Facility for its intended purpose as an assisted living facility or, in the case of one of the two Abington, Pennsylvania Facilities, an independent living facility or such Borrower has applied for and obtained such Certificate(s) of Need. Licenses to operate are required in most all states where the Facilities are located and Certificates of Need are also required in the certain statesState of New Jersey.

Appears in 1 contract

Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)

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