Third Party Payor Programs. Except as would not result in a Material Adverse Change to the operations of the Company and its subsidiaries as a whole, each of the Company and its subsidiaries, as applicable, meets all requirements and conditions of participation for all payment or reimbursement programs sponsored or maintained by private, non-governmental insurance and managed care programs, employers, unions, trusts, or third party administrators in which the Company or such subsidiary participates (“Third Party Payor Programs”) and are a party to valid participation or other agreements required for payment by such Third Party Payor Programs. Except as would not result in a Material Adverse Change to the operations of the Company and its subsidiaries as a whole, there are no suspensions, offsets, overpayments or recoupments of any Third Party Payor Program being sought, requested or claimed, or to the knowledge of the Company, threatened against the Company or any of its subsidiaries. Except as otherwise disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, as of the date of this Agreement, neither the Company nor any of its subsidiaries has received any notice of denial of material payment, recoupment, or overpayment from any Program or Third Party Program in excess of Two Hundred Fifty Thousand Dollars ($250,000). Except as would not result in a Material Adverse Change to the operations of the Company and its subsidiaries as a whole, there is no Action pending or received or, to the knowledge of the Company, threatened, against the Company or any of its subsidiaries which relates to a violation of any legal requirement pertaining to the Programs or other Third Party Program requirement which could result in the imposition of penalties, termination or the exclusion by the Company or any of its subsidiary from participation in any Program or Third Party Program.
Appears in 2 contracts
Sources: Underwriting Agreement (AdaptHealth Corp.), Underwriting Agreement (AdaptHealth Corp.)
Third Party Payor Programs. Except as would not result in a Material Adverse Change to To the operations knowledge of the Company and its subsidiaries as a wholeCompany, each of the Company and its subsidiaries, as applicable, meets all material requirements and conditions of participation for all payment or reimbursement programs sponsored or maintained by private, non-governmental insurance and managed care programs, employers, unions, trusts, or third party administrators in which the Company or such subsidiary participates its subsidiaries participate (“Third Party Payor Programs”) and are a party to valid participation or other agreements required for payment by such Third Party Payor Programs. Except as would not result in a Material Adverse Change to To the operations knowledge of the Company and its subsidiaries as a wholeCompany, there are no material suspensions, offsets, overpayments or recoupments of any Third Party Payor Program being sought, requested requested, claimed or claimed, or to the knowledge of the Company, threatened against the Company or any of its subsidiaries. Except as otherwise disclosed , other than ordinary course finance and accounting transactions common in the Registration Statement, the Time of Sale Prospectus and the Prospectus, as of the date of this Agreement, neither industry. Neither the Company nor any of its subsidiaries has received any written notice of denial of material payment, recoupment, or overpayment from any Program or Third Party Program Payor Program, other than ordinary course finance and accounting transactions common in excess of Two Hundred Fifty Thousand Dollars ($250,000)the industry. Except as would not result in a Material Adverse Change to the operations of the Company and its subsidiaries as a whole, there There is no Action pending legal action, suit, proceeding, enforcement, investigation, or arbitration or other action pending, received or, to the knowledge of the Company, threatened, or threatened against the Company or any of its subsidiaries which relates to a an alleged violation of any legal requirement pertaining to the Programs or other Third Party Program requirement Payor Programs which could result in the imposition of penalties, termination or the exclusion by the Company or any of its subsidiary subsidiaries from participation in any such Program or Third Party ProgramPayor Program which would, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Sources: Underwriting Agreement (Rotech Healthcare Holdings Inc.)