BUT NOT LIMITED TO AMOUNTS DUE TO MEDICARE OR THE IRS).
NO CONDITION
EXISTS AND NO EVENT HAS OCCURRED WHICH, IN ITSELF OR WITH THE GIVING OF NOTICE
OR LAPSE OF TIME OR BOTH,
64
WOULD RESULT IN THE SUSPENSION, REVOCATION, IMPAIRMENT, FORFEITURE OR
NON-RENEWAL OF ANY MATERIAL GOVERNMENTAL CONSENT OR PERMIT APPLICABLE TO ANY
LOAN PARTY OR ANY FACILITY OWNED OR OPERATED BY IT.
SECTION 5.17
INTELLECTUAL PROPERTY; LICENSES, ETC.
EACH LOAN
PARTY AND EACH PLEDGED SUBSIDIARY OWNS, OR POSSESSES THE RIGHT TO USE, ALL OF
THE TRADEMARKS, SERVICE MARKS, TRADE NAMES, COPYRIGHTS, PATENTS, PATENT RIGHTS,
FRANCHISES, LICENSES AND OTHER INTELLECTUAL PROPERTY RIGHTS (COLLECTIVELY, "IP
RIGHTS") THAT ARE REASONABLY NECESSARY FOR THE OPERATION OF THEIR RESPECTIVE
BUSINESSES, WITHOUT CONFLICT WITH THE RIGHTS OF ANY OTHER PERSON.
TO THE BEST
KNOWLEDGE OF BORROWER, NO SLOGAN OR OTHER ADVERTISING DEVICE, PRODUCT, PROCESS,
METHOD, SUBSTANCE, PART OR OTHER MATERIAL NOW EMPLOYED, OR NOW CONTEMPLATED TO
BE EMPLOYED, BY ANY LOAN PARTY OR ANY PLEDGED SUBSIDIARY INFRINGES UPON ANY
RIGHTS HELD BY ANY OTHER PERSON.
NO CLAIM OR LITIGATION REGARDING ANY OF THE
FOREGOING IS PENDING OR, TO THE BEST KNOWLEDGE OF BORROWER, THREATENED, WHICH,
EITHER INDIVIDUALLY OR IN THE AGGREGATE, COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
SECTION 5.18
SOLVENCY.
EACH LOAN PARTY IS, TOGETHER WITH ITS
PLEDGED
SUBSIDIARIES ON A CONSOLIDATED BASIS, SOLVENT.
SECTION 5.19
CASUALTY, ETC.
NEITHER THE BUSINESSES NOR THE
PROPERTIES OF ANY LOAN PARTY OR ANY PLEDGED SUBSIDIARY ARE AFFECTED BY ANY FIRE,
EXPLOSION, ACCIDENT, STRIKE, LOCKOUT OR OTHER LABOR DISPUTE, DROUGHT, STORM,
HAIL, EARTHQUAKE, EMBARGO, ACT OF GOD OR OF THE PUBLIC ENEMY OR OTHER CASUALTY
(WHETHER OR NOT COVERED BY INSURANCE) THAT, EITHER INDIVIDUALLY OR IN THE
AGGREGATE, COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 5.20
HEALTH CARE MATTERS.
(A)
PERMITS.
EACH LOAN PARTY AND EACH PLEDGED
SUBSIDIARY HAS IN EFFECT ALL MATERIAL PERMITS, INCLUDING, WITHOUT LIMITATION,
ALL MATERIAL PERMITS NECESSARY FOR IT TO OWN, LEASE OR OPERATE ITS PROPERTIES
AND OTHER ASSETS AND TO CARRY ON ITS BUSINESS AND OPERATIONS, INCLUDING ITS
PROVISION OF PROFESSIONAL SERVICES, AS PRESENTLY CONDUCTED.
ALL SUCH MATERIAL
PERMITS ARE IN FULL FORCE AND EFFECT AND THERE HAS OCCURRED NO DEFAULT UNDER, OR
VIOLATION OF, ANY SUCH MATERIAL PERMIT.
(B)
FILINGS.
ALL MATERIAL REPORTS, DOCUMENTS,
CLAIMS, NOTICES OR APPROVALS REQUIRED TO BE FILED, OBTAINED, MAINTAINED OR
FURNISHED TO ANY GOVERNMENTAL AUTHORITY IN CONNECTION WITH EACH LOAN PARTY'S AND
EACH PLEDGED SUBSIDIARY'S HEALTHCARE OPERATIONS, AS CURRENTLY CONDUCTED, HAVE
BEEN SO FILED, OBTAINED, MAINTAINED OR FURNISHED, AND ALL SUCH REPORTS,
DOCUMENTS, CLAIMS AND NOTICES WERE COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS
ON THE DATE FILED (OR WERE CORRECTED IN OR SUPPLEMENTED BY A SUBSEQUENT FILING).
(C)
MATERIAL STATEMENTS.
NO LOAN PARTY NOR ANY
PLEDGED SUBSIDIARY, NOR ANY OFFICER, AFFILIATE, EMPLOYEE OR AGENT OF ANY LOAN
PARTY OR ANY PLEDGED SUBSIDIARY, HAS MADE AN UNTRUE STATEMENT OF A MATERIAL FACT
OR FRAUDULENT STATEMENT TO ANY GOVERNMENTAL AUTHORITY, FAILED TO DISCLOSE A
MATERIAL FACT REQUIRED TO