Participation in Programs. As of the Agreement Date, there is no pending or threatened revocation, suspension, termination, probation, restriction, limitation, or nonrenewal affecting any of the Borrower or any other Loan Party or any Property of a Loan Party or any participation or provider agreement with any Third Party Payor (such programs, the “Third Party Payors’ Programs”) to which any Loan Party presently is subject. Each of the Borrower and the other Loan Parties has timely filed or caused to be timely filed, all cost reports and other reports of every kind whatsoever required by any Applicable Law. To the extent applicable, all Medicaid, Medicare, and private insurance costs reports and financial reports submitted by such Person are and will be materially accurate and complete and have not been and will not be misleading in any material respects, and except as otherwise disclosed, no cost reports for any facility remain “open” or unsettled. None of the Borrower or any other Loan Party is currently the subject of any proceeding by any Governmental Authority, and no notice of any violation has been received from a Governmental Authority that could, directly or indirectly, or with the passage of time, reasonably be expected to: (i) have a material adverse impact on the Borrower’s or any other Loan Party’s ability to accept and/or retain patients or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible patients; (ii) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of such Person’s licenses; or (iii) alter any of such Person’s continued participation, to the extent applicable, in the Medicaid or Medicare programs or any other of the Third Party Payors' Programs, or any successor programs thereto, at current rate certifications.
Participation in Programs. The Borrower and each of its Subsidiaries (and the operation of each Living Facility participating in the Medicare and/or Medicaid programs) is in compliance with the requirements for participation in the Medicare and Medicaid programs or Medicaid waiver program, as applicable, with respect to each Living Facility that currently participates in such programs and has a current provider agreement under Title XVIII and/or XIX of the Social Security Act which is in full force and effect to the extent applicable, except in each case to the extent that such failure could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. None of the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) has had any deficiencies on its most recent survey (standard or complaint) to the Borrower's knowledge that would result in a denial of payment for new admissions with no opportunity to correct prior to termination, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. None of the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) has had any deficiencies at "level G" or above on its most recent survey (standard or complaint), nor has the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) been cited with any substandard quality of care deficiencies (as that term is defined in Part 488 of 42 C.F.R.) for the past two consecutive surveys, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Living Facility has been the subject of a "double G" determination, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Living Facility has been designated as a Special Focus Facility (as such term is defined by the Centers for Medicare and Medicaid Services Special Focus Facility Program), except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Participation in Programs. Program Participant shall participate in AHA Quality Improvement Programs, which shall include participation in the Program Registry, in compliance with the terms and conditions set forth herein, and in Exhibit A (including any Program Appendix), attached hereto and incorporated herein by this reference. Data mapping, Data collection, Data warehousing and/or Data analysis for the Program Registry will be handled by the AHA Third Party Vendor under a separate agreement with AHA.
Participation in Programs. Maxtor will use reasonable commercial efforts to qualify and utilize Komag’s Product in all Maxtor programs as they are defined in Maxtor’s product roadmap. Komag will use its best efforts to participate in all Maxtor programs as they are defined in Maxtor’s product roadmap.
Participation in Programs. In addition, and without limiting the generality of the foregoing, during the term hereof: (A) the Executive shall be entitled to participate in all applicable incentive, savings and retirement plans, practices, policies and programs of the Company and its affiliates to the same extent as other senior executives of the Company; and (B) the Executive and/or the Executive’s family, as the case may be, shall be eligible for participation in, and shall receive all benefits under, all applicable welfare benefit plans, practices, policies and programs provided by the Company and it affiliates, other than severance plans, practices, policies and programs but including, without limitation, medical, prescription, dental, disability, sick leave, employee life insurance, group life insurance, accidental death and travel accident plans and programs, to the same extent as other senior executives of the Company.
Participation in Programs. ERA may condition participation in ERA programs upon your compliance with certain requirements, including payment of all your financial obligations to ERA when due under the Membership Agreement or otherwise, maintenance of specified program standards, successful completion of any educational programs required by ERA and payment of a separate fee to participate in all or some of such programs. Only Members who meet all program requirements are authorized to utilize trademarks or service marks or other identifications that are unique to such program.
Participation in Programs. 61 4.26 Investigations..........................................................................................62 4.27 Agreements with Residents; Residents' Records...........................................................62 4.28 Affect on Payments or Licenses..........................................................................63 4.29 HIPAA...................................................................................................63 4.30 Submissions.............................................................................................63 4.31 Fraud and Abuse.........................................................................................63 5.1 Conditions to Initial Extension of Credit...............................................................64 5.2 Conditions to Each Extension of Credit..................................................................66
Participation in Programs. (a) During the term of this Agreement, VitaxxxXxxxxx.xxx xxxll participate with VSI in the Vitamin Shoppe Frequent Buyer Program (the "Frequent Buyer Program"), and each party shall permit its customers to redeem points attributable to sales by the other party against purchases of merchandise from it.
Participation in Programs. (a) If the Participating Organisation wishes to participate in the Programs, it:
Participation in Programs. Except as waived by PHS, which waiver PHS shall ------------------------- not unreasonably withhold or delay, Participating Physicians are required to participate in all Programs and PHS may not exclude any Participating Physician except as set forth below. IPA agrees to immediately terminate any Participating Physician who notifies IPA or PHS that he or she will not participate in a Program or who does not accept Members enrolled in one or more Programs. Notwithstanding the foregoing, PHS may select a subset of Participating Providers, upon consent of IPA, which consent shall not be unreasonably withheld, if PHS is requested to reduce the size of its panel of Participating Physicians for an employer group of 1,000 or more eligible Members.
