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 and is currently operated as a 118 bed skilled care nursing home under the applicable laws of the state where the Property is located. Borrower or Lessee 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 restrictions 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. The Borrower and Manager and Lessee as well as the operation of the Facility are in compliance in all material respects with the applicable provisions of nursing home 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 foot requirements per bed) are required for the Facility to operate at the current licensed bed capacity. All Reimbursement Contracts are in full force and effect with respect to the Facility, and Borrower and Manager and Lessee are in good standing with all the respective agencies governing such applicable nursing home licenses, program certification, and Reimbursement Contracts. Borrower and Manager and Lessee are current in the payment of all so-called provider specific taxes or other assessments with respect to such Reimbursement Contracts. Borrower will maintain and cause Manager or Lessee to maintain (without allowing to lapse) the Certificate of Need, if applicable, and any required Permits. 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 7 participation in Medicare and Medicaid, including without limitation, the Medicare and Medicaid Patient Protection Act of 1987. The Facility is in conformance in all material respects with all insurance, reimbursement and cost reporting requirements and has a current provider agreement which is in full force and effect under M...
Compliance with Facility Laws. Each of the Facilities are duly licensed as follows:
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. [Intentionally Deleted] -----------------------------
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. 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.
Compliance with Facility Laws. As of the date hereof, the Initial Closing Date and the Escrow Closing Date: (i) the Facility is in compliance, in all material respects, with all applicable federal, state and municipal government codes, statutes, laws, ordinances, rules, regulations, minimum standards, licenses, certifications, permits and authorizations necessary for use, occupancy and operation of a 118 bed skilled and/or intermediate care nursing home facility; (ii) except for the inventory, supplies, perishables and linens, the Personal Property is sufficient in quality and quantity for the operation of a 106 bed skilled and/or intermediate care nursing home facility; (iii) the Facility is configured to house 106 skilled/intermediate residents without any restructuring, remodeling or renovating; (iv) Seller is the holder of a non-probationary unconditional license from the Illinois Department of Public Health for a 118 bed skilled and/or intermediate care nursing home facility, subject to no waivers; (v) the Facility is certified by the Illinois Department of Public Health ("IDPH"), the Illinois Department of Public Aid ("IDPA") and the Health Care Financing Agency ("HCFA") to participate in the Medicaid and Medicare programs, and is otherwise in good standing and substantial compliance with all requirements as both programs are administered by the federal government and the State of Illinois; (vi) the Facility is operating with no outstanding certification violations and, for any certification violation for which Seller previously received a notice, Seller has received a written acknowledgment from either IDPH, IDPA or HCFA, as applicable, that the violation has been corrected; (vii) the Facility is not currently being inspected by any governmental agency and there are no inspections for which the results of such inspection have not been received; and (viii) Seller has not received any (a) notice of intent to (viii) Seller has not received any (a) notice of intent to impose or any notice of imposing any Civil Money Penalty ("CMP"), or if Seller has received such notice, the CMP has been paid in full, (b) notice of intent to revoke, cancel, terminate and/or not renew the Facility's Medicaid and/or Medicare certification, (c) notice of decertification and/or intent to decertify, or (d) notice of intent to cease payment after a certain date for any new Medicaid and/or Medicare residents admitted after said date. after a certain date for any new Medicaid and/or Medicare residents admitt...
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. The Facility is duly licensed and is currently operated as a 117-bed licensed skilled care nursing home and a 17-bed licensed congregate assisted living facility under the applicable laws of the state where the Property is located. Borrower is the lawful owner of all Permits for the Facility, including, without limitation, the Certificate of Need issued by the Alabama State Health Planning and Development Agency or the Nursing Home License issued by the Alabama State Board of Health, 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 restrictions or any encumbrance which would materially adversely affect the use
