LIEN OR ADVERSE CLAIM IN FAVOR
OF ANY THIRD PARTY (EXCEPT FOR STATUTORY RIGHTS OF SETOFF AND RECOUPMENT OF
GOVERNMENTAL AUTHORITIES THE EXERCISE OF WHICH ARE NOT PENDING OR THREATENED),
NOR ANY FILING AGAINST ANY BORROWER, AS DEBTOR, COVERING OR PURPORTING TO COVER
ANY INTEREST IN SUCH ACCOUNT.
(D)
SUCH ACCOUNT IS (I) PAYABLE IN AN AMOUNT NOT
LESS THAN ITS ESTIMATED NET VALUE BY THE OBLIGOR IDENTIFIED BY BORROWERS AS
BEING OBLIGATED TO DO SO, AND IS RECOGNIZED AS SUCH BY THE OBLIGOR, (II) THE
LEGALLY ENFORCEABLE OBLIGATION OF SUCH OBLIGOR, AND (III) AN ACCOUNT OR GENERAL
INTANGIBLE WITHIN THE MEANING OF THE UCC, OR IS A RIGHT TO PAYMENT UNDER A
POLICY OF INSURANCE OR PROCEEDS THEREOF, AND IS NOT EVIDENCED BY ANY INSTRUMENT
OR CHATTEL PAPER.
THERE IS NO PAYOR OTHER THAN THE OBLIGOR IDENTIFIED BY
BORROWERS AS THE PAYOR PRIMARILY LIABLE ON SUCH ACCOUNT.
(E)
NO SUCH ACCOUNT (I) REQUIRES THE APPROVAL OF
ANY THIRD PERSON FOR SUCH ACCOUNT TO BE ASSIGNED TO LENDER HEREUNDER, (II) IS
SUBJECT TO ANY LEGAL ACTION, PROCEEDING OR INVESTIGATION (PENDING OR
THREATENED), DISPUTE, SET-OFF, COUNTERCLAIM, DEFENSE, ABATEMENT, SUSPENSION,
DEFERMENT, DEDUCTIBLE, REDUCTION OR TERMINATION BY THE OBLIGOR (EXCEPT FOR
STATUTORY RIGHTS OF SETOFF AND RECOUPMENT OF GOVERNMENTAL AUTHORITIES THE
EXERCISE OF WHICH ARE NOT PENDING OR THREATENED), OR (III) IS PAST, OR WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF, THE STATUTORY LIMIT FOR COLLECTION APPLICABLE
TO THE OBLIGOR.
(F)
SUCH BORROWER DOES NOT HAVE ANY GUARANTY
OF, LETTER OF CREDIT SUPPORT FOR, OR COLLATERAL SECURITY FOR, SUCH ACCOUNT,
OTHER THAN ANY SUCH GUARANTY, LETTER OF CREDIT OR COLLATERAL SECURITY AS HAS
BEEN ASSIGNED TO LENDER.
(G)
THE SERVICES CONSTITUTING THE BASIS OF SUCH
ACCOUNT (I) WERE MEDICALLY NECESSARY FOR THE PATIENT AND (II) AT THE TIME SUCH
SERVICES WERE RENDERED, WERE FULLY (EXCEPT FOR APPLICABLE CO-PAYMENT AND
DEDUCTIBLES) COVERED BY THE INSURANCE POLICY OR CONTRACT OBLIGATING THE
APPLICABLE OBLIGOR TO MAKE PAYMENT WITH RESPECT TO SUCH ACCOUNT (AND THE
CORRESPONDING BORROWER HAS VERIFIED SUCH DETERMINATION), AND (III) THE PATIENT
RECEIVED SUCH SERVICES IN THE ORDINARY COURSE OF SUCH BORROWER'S BUSINESS.
(H)
THE FEES AND CHARGES CHARGED FOR THE SERVICES
CONSTITUTING THE BASIS FOR SUCH ACCOUNT WERE WHEN RENDERED AND ARE CURRENTLY
CONSISTENT WITH (I) THE USUAL, CUSTOMARY AND REASONABLE FEES CHARGED BY
BORROWERS OR (II) PURSUANT TO NEGOTIATED FEE CONTRACTS, OR IMPOSED FEE
SCHEDULES, WITH OR BY THE APPLICABLE OBLIGORS.
(I)
THE OBLIGOR WITH RESPECT TO SUCH ACCOUNT
IS LOCATED IN THE UNITED STATES, AND IS (I) A PARTY WHICH IN THE ORDINARY COURSE
OF ITS BUSINESS OR ACTIVITIES AGREES TO PAY FOR HEALTHCARE SERVICES RECEIVED BY
INDIVIDUALS, INCLUDING, COMMERCIAL INSURANCE COMPANIES AND NON-PROFIT INSURANCE
COMPANIES ISSUING HEALTH, OR OTHER TYPES OF INSURANCE, EMPLOYERS OR UNIONS,
SELF-INSURED HEALTHCARE ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, AND
HEALTH INSURED, PREPAID MAINTENANCE ORGANIZATIONS, (II) A STATE, AN AGENCY OR
INSTRUMENTALITY OF A STATE OR A POLITICAL SUBDIVISION OF A STATE, OR (III) THE
UNITED STATES OR AN AGENCY OR INSTRUMENTALITY OF THE UNITED STATES.
(J)
THE