INSURANCE POLICY OR CONTRACT
OBLIGATING AN OBLIGOR TO MAKE PAYMENT ON AN ACCOUNT (I) DOES NOT PROHIBIT THE
TRANSFER OF SUCH PAYMENT OBLIGATION FROM THE PATIENT TO THE CORRESPONDING
BORROWER AND (II) IS AND WAS IN FULL FORCE AND EFFECT AND APPLICABLE TO THE
PATIENT AT THE TIME THE SERVICES CONSTITUTING THE BASIS FOR SUCH ACCOUNT WERE
PERFORMED.
(K)
THE REPRESENTATIONS AND WARRANTIES MADE BY
BORROWERS IN THE LOAN DOCUMENTS AND ALL FINANCIAL OR OTHER INFORMATION DELIVERED
TO LENDER WITH RESPECT TO SUCH ACCOUNT DO NOT CONTAIN ANY UNTRUE STATEMENT OF
MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT NECESSARY TO MAKE THE STATEMENT
MADE NOT MISLEADING.
19
(L)
IF REQUESTED BY LENDER, A COPY OF EACH
RELATED CONTRACT TO WHICH EACH BORROWER IS A PARTY HAS BEEN DELIVERED TO LENDER
UNLESS ANY SUCH BORROWER SHALL HAVE, PRIOR TO THE RELATED FUNDING DATE,
CERTIFIED IN AN OFFICER'S CERTIFICATE THAT SUCH DELIVERY IS PROHIBITED BY THE
TERMS OF THE CONTRACT OR BY LAW, AND THE CIRCUMSTANCES OF SUCH PROHIBITION.
(M)
THE SERVICES GIVING RISE TO SUCH ACCOUNT HAVE
BEEN PROPERLY RECORDED IN THE CORRESPONDING BORROWER'S ACCOUNTING SYSTEM.
(N)
SUCH ACCOUNT WAS BILLED NO LATER THAN TEN
(10) DAYS AFTER THE DATE THE SERVICES OR GOODS GIVING RISE TO SUCH ACCOUNT WERE
RENDERED AS PROVIDED, AS APPLICABLE, AND EACH BILL CONTAINS AN EXPRESS DIRECTION
REQUIRING THE OBLIGOR TO REMIT PAYMENTS TO EITHER THE GOVERNMENT LOCKBOX OR
COMMERCIAL LOCKBOX, AS APPLICABLE.
(O)
SUCH ACCOUNT HAS AN ESTIMATED NET VALUE
WHICH, WHEN ADDED TO THE ESTIMATED NET VALUE OF ALL OTHER ACCOUNTS OWING BY THE
SAME OBLIGOR AND WHICH CONSTITUTE ELIGIBLE ACCOUNTS HEREUNDER, DOES NOT EXCEED
ANY APPLICABLE CONCENTRATION LIMIT.
(P)
NEITHER SUCH ACCOUNT NOR THE RELATED CONTRACT
CONTRAVENES ANY LAWS, RULES OR REGULATIONS APPLICABLE THERETO (INCLUDING,
WITHOUT LIMITATION, LAWS, RULES AND REGULATIONS RELATING TO USURY, CONSUMER
PROTECTION, TRUTH-IN-LENDING, FAIR CREDIT BILLING, FAIR CREDIT REPORTING, EQUAL
CREDIT OPPORTUNITY, FAIR DEBT COLLECTION PRACTICES AND PRIVACY) AND NO BORROWER
A PARTY TO SUCH RELATED CONTRACT, AND, TO BORROWERS' KNOWLEDGE, NO OTHER PARTY
TO SUCH RELATED CONTRACT, IS IN VIOLATION OF ANY SUCH LAW, RULE OR REGULATION IN
CONNECTION WITH SUCH CONTRACT.
(Q)
AS OF THE APPLICABLE FUNDING DATE, TO THE
BEST OF BORROWERS' KNOWLEDGE, NO OBLIGOR ON SUCH ACCOUNT IS BANKRUPT, INSOLVENT,
OR IS UNABLE TO MAKE PAYMENT OF ITS OBLIGATIONS WHEN DUE, AND NO OTHER FACT
EXISTS WHICH WOULD CAUSE ANY BORROWER REASONABLY TO EXPECT THAT THE AMOUNT
BILLED TO THE RELATED OBLIGOR FOR SUCH ACCOUNT WILL NOT BE PAID IN FULL WHEN
DUE.
5.22
INTERRELATEDNESS OF BORROWERS.
THE BUSINESS
OPERATIONS OF EACH BORROWER ARE INTERRELATED AND COMPLEMENT ONE ANOTHER, AND
SUCH COMPANIES HAVE A COMMON BUSINESS PURPOSE, WITH INTERCOMPANY BOOKKEEPING AND
ACCOUNTING ADJUSTMENTS USED TO SEPARATE THEIR RESPECTIVE PROPERTIES, LIABILITIES
AND TRANSACTIONS.
TO PERMIT THEIR UNINTERRUPTED AND CONTINUOUS OPERATION, SUCH
COMPANIES NOW REQUIRE AND WILL FROM TIME TO TIME HEREAFTER REQUIRE FUNDS FOR
GENERAL BUSINESS PURPOSES.
THE PROCEEDS OF ADVANCES UNDER THE CREDIT FACILITY
WILL DIRECTLY OR INDIRECTLY BENEFIT EACH BORROWER HEREUNDER