Common use of Operations; Financial Condition Clause in Contracts

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.

Appears in 7 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

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Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. The Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and the Borrower is not in violation of any order, judgment, or decree of any court, or any material violation of any statute or governmental regulation regulation, to which it is subject.

Appears in 2 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Advocat Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. The Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and the Borrower is not in violation of any order, judgment, or decree of any court, or any material violation of statute or governmental regulation to which it is subject.

Appears in 2 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Advocat Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or federal, state or local government administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower. Neither Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not nor Guarantor are in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and neither Borrower is not nor Guarantor are in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject, the violation of which could reasonably be expected to have a material adverse effect on the operation of any Facility or on any of the Mortgaged Property.

Appears in 1 contract

Samples: Loan Agreement (Alterra Healthcare Corp)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s Borrowers’ knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower Borrowers or any lower reimbursement rate under the Reimbursement Contracts. No Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and no Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. The Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and the Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.

Appears in 1 contract

Samples: Subordination and Attornment Agreement (Ensign Group, Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. The Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and the Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject, the violation of which could reasonably be expected to have a material adverse effect on the operation of the Facility or on any of the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Alternative Living Services Inc)

Operations; Financial Condition. No Except as shown on Schedule 3.4, no action or investigation is pending or, to the best of Borrower’s knowledge, threatened against Borrower before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it Borrower is subject.

Appears in 1 contract

Samples: Loan Agreement (Advocat Inc)

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Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s knowledge, threatened before or by any court or administrative agency which might reasonably be expected to result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject, the violation of which might reasonably be expected to have a materially adverse effect on the operation of the Facility or on any of the Mortgaged Property.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened against Borrower before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it Borrower is subject.

Appears in 1 contract

Samples: Loan Agreement (Advocat Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s 's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.

Appears in 1 contract

Samples: Loan Agreement (Arv Assisted Living Inc)

Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. To the best of Borrower’s knowledge, Borrower is not in violation of any agreement, the violation of which might would reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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