AND RECONCILE THE ACCOUNTS DETAIL FILE PROVIDED BY BORROWERS.
6.16
COMMERCIAL TORT CLAIM.
BORROWERS SHALL PROVIDE
WRITTEN NOTICE TO LENDER OF ANY COMMERCIAL TORT CLAIM TO WHICH A BORROWER IS OR
BECOMES A PARTY OR WHICH OTHERWISE INURES TO THE BENEFIT OF A BORROWER. SUCH
NOTICE SHALL CONTAIN A SUFFICIENT DESCRIPTION OF SUCH COMMERCIAL TORT CLAIM
INCLUDING THE PARTIES, THE COURT IN WHICH THE CLAIM WAS COMMENCED (IF
APPLICABLE), THE DOCKET NUMBER ASSIGNED TO THE CASE (IF APPLICABLE), AND A
DETAILED EXPLANATION OF THE EVENTS GIVING RISE TO SUCH CLAIM.
TO THE EXTENT
OTHERWISE CONSTITUTING COLLATERAL, BORROWERS SHALL GRANT LENDER A SECURITY
INTEREST IN SUCH COMMERCIAL TORT CLAIM TO SECURE PAYMENT OF THE OBLIGATIONS.
BORROWERS SHALL EXECUTE AND DELIVER SUCH INSTRUMENTS, DOCUMENTS AND AGREEMENTS
AS LENDER MAY REQUIRE IN ORDER TO OBTAIN AND PERFECT SUCH SECURITY INTEREST
INCLUDING, WITHOUT LIMITATION, A SECURITY AGREEMENT OR AMENDMENT TO THIS
AGREEMENT ALL IN FORM AND SUBSTANCE SATISFACTORY TO LENDER.
EACH BORROWER
AUTHORIZES LENDER TO FILE (WITHOUT SUCH BORROWER'S SIGNATURE) FINANCING
STATEMENTS OR AMENDMENTS TO EXISTING FINANCING STATEMENTS AS LENDER DEEMS
NECESSARY TO PERFECT THE SECURITY INTEREST IN SUCH COMMERCIAL TORT CLAIM.
6.17
COMPLIANCE WITH LAWS.
(A)
BORROWERS AGREE TO COMPLY WITH ALL
APPLICABLE LAWS, AND ALL ORDERS OF ANY FEDERAL, STATE OR LOCAL LEGISLATIVE,
ADMINISTRATIVE OR JUDICIAL BODY OR OFFICIAL, PROVIDED THAT BORROWERS MAY CONTEST
ANY ACTS, RULES, REGULATIONS, ORDERS AND DIRECTIONS OF SUCH BODIES OR OFFICIALS
IN ANY REASONABLE MANNER WHICH LENDER DETERMINES WILL NOT MATERIALLY AND
ADVERSELY EFFECT LENDER'S RIGHTS OR PRIORITIES IN THE COLLATERAL.
(B)
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EACH BORROWER AGREES TO COMPLY WITH ALL ENVIRONMENTAL STATUTES, ACTS,
RULES, REGULATIONS OR ORDERS, AS PRESENTLY EXISTING OR AS ADOPTED OR AMENDED IN
THE FUTURE, APPLICABLE TO THE OWNERSHIP AND/OR USE OF SUCH BORROWER'S REAL
PROPERTY AND OPERATION OF ITS BUSINESS, IF THE FAILURE TO SO COMPLY COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
NO BORROWER SHALL BE
DEEMED TO HAVE BREACHED ANY PROVISION OF THIS SECTION 6.17(B) IF (I) THE FAILURE
TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION 6.17(B) RESULTED FROM GOOD FAITH
ERROR OR INNOCENT OMISSION, (II) SUCH BORROWER PROMPTLY COMMENCES AND DILIGENTLY
PURSUES A CURE OF SUCH BREACH AND (III) SUCH FAILURE IS CURED WITHIN THIRTY (30)
DAYS FOLLOWING SUCH BORROWER'S RECEIPT OF NOTICE FROM LENDER OF SUCH FAILURE, OR
IF SUCH BREACH CANNOT IN GOOD FAITH BE CURED WITHIN THIRTY (30) DAYS FOLLOWING
SUCH BORROWER'S RECEIPT OF SUCH NOTICE, THEN SUCH BREACH IS CURED WITHIN A
REASONABLE TIME FRAME BASED ON THE EXTENT AND NATURE OF THE BREACH AND THE
NECESSARY REMEDIATION, AND IN CONFORMITY WITH ANY APPLICABLE CONSENT ORDER,
CONSENSUAL AGREEMENT AND APPLICABLE LAW.
(C)
BORROWERS WILL (I) MAINTAIN IN FULL FORCE
AND EFFECT, AND FREE FROM RESTRICTIONS, PROBATIONS, CONDITIONS OR KNOWN
CONFLICTS WHICH WOULD MATERIALLY IMPAIR THE USE OR OPERATION OF ITS BUSINESS OR
ANY HEALTHCARE FACILITY FOR ITS CURRENT USE, ALL PERMITS NECESSARY UNDER
HEALTHCARE LAWS TO CONTINUE TO RECEIVE REIMBURSEMENT UNDER ALL THIRD PARTY PAYOR
PROGRAMS