Participation in Programs Clause Samples

Participation in Programs. The Borrower and each of its Subsidiaries (and the operation of each Living Facility participating in the Medicare and/or Medicaid programs) is in compliance with the requirements for participation in the Medicare and Medicaid programs or Medicaid waiver program, as applicable, with respect to each Living Facility that currently participates in such programs and has a current provider agreement under Title XVIII and/or XIX of the Social Security Act which is in full force and effect to the extent applicable, except in each case to the extent that such failure could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. None of the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) has had any deficiencies on its most recent survey (standard or complaint) to the Borrower’s knowledge that would result in a denial of payment for new admissions with no opportunity to correct prior to termination, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. None of the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) has had any deficiencies at “level G” or above on its most recent survey (standard or complaint), nor has the Borrower or any of its Subsidiaries (or any Living Facility participating in the Medicare and/or Medicaid programs) been cited with any substandard quality of care deficiencies (as that term is defined in Part 488 of 42 C.F.R.) for the past two consecutive surveys, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Living Facility has been the subject of a “double G” determination, except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Living Facility has been designated as a Special Focus Facility (as such term is defined by the Centers for Medicare and Medicaid Services Special Focus Facility Program), except to the extent the same could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Participation in Programs. As of the Closing Date, there is no pending or threatened revocation, suspension, termination, probation, restriction, limitation, or nonrenewal affecting any of Borrower or any other Loan Party or any Property of a Loan Party or any participation or provider agreement with any Third Party Payor (such programs, the “Third Party Payors’ Programs”) to which any Loan Party presently is subject. Each of Borrower and the other Loan Parties has timely filed or caused to be timely filed, all cost reports and other reports of every kind whatsoever required by any Applicable Law. To the extent applicable, all Medicaid, Medicare, and private insurance costs reports and financial reports submitted by such Person are and will be materially accurate and complete and have not been and will not be misleading in any material respects, and except as otherwise disclosed, no cost reports for any facility remain “open” or unsettled. None of Borrower or any other Loan Party is currently the subject of any proceeding by any Governmental Authority, and no notice of any violation has been received from a Governmental Authority that could, directly or indirectly, or with the passage of time, reasonably be expected to: (i) have a material adverse impact on Borrower’s or any other Loan Party’s ability to accept and/or retain patients or result in the imposition of a fine, a sanction, a lower rate certification or a lower reimbursement rate for services rendered to eligible patients; (ii) modify, limit or annul or result in the transfer, suspension, revocation or imposition of probationary use of such Person’s licenses; or (iii) alter any of such Person’s continued participation, to the extent applicable, in the Medicaid or Medicare programs or any other of the Third Party Payors’ Programs, or any successor programs thereto, at current rate certifications.

Participation in Programs. Program Participant shall participate in AHA Quality Improvement Programs, which shall include participation in the Program Registry, in compliance with the terms and conditions set forth herein, and shall participate in any individual Program identified in Exhibit A (including any Program Appendix), attached hereto and incorporated herein by this reference. Data mapping, Data collection, Data warehousing and/or Data analysis for the Program Registry will be handled by the AHA Third Party Vendor under a separate agreement with AHA.

Participation in Programs. All residents of the Borough of Mechanicsburg, Shiremanstown Borough, and Upper ▇▇▇▇▇ Township are eligible to participate in the recreation and leisure learning programs offered by Mechanicsburg Area Parks & Recreation at the prevailing resident rate. Non-residents are eligible to participate on an adjusted fee basis.

Participation in Programs. (a) If the Participating Organisation wishes to participate in the Programs, it: (i) must pay the Fee to Agsafe; and (ii) may impose a fee to its customers on the supply of each Eligible Container. (b) Agsafe may, during the Term, notify the Participating Organisation of any increases to the Fee which will apply on and from 1 July during that financial year in the Term. Sample

Participation in Programs. (a) During the term of this Agreement, Vita▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇ll participate with VSI in the Vitamin Shoppe Frequent Buyer Program (the "Frequent Buyer Program"), and each party shall permit its customers to redeem points attributable to sales by the other party against purchases of merchandise from it. (b) During each calendar year (each such year, a "Point Year"), each party shall maintain accurate books and records of the points awarded to its customers for the Frequent Buyer Program based on customer purchases within such Point Year. Each party shall also keep records of the merchandise credits issued in redemption of points awarded in each Point Year; provided that merchandise credits issued in redemption of points may only be issued within the 90-day period commencing immediately after the Point Year in which such points were awarded. Each party shall deliver the records compiled by it in accordance with this paragraph 8 to the other party within 150 days after the end of the Point Year to which such records relate. Promptly thereafter, VSI shall reconcile the points awarded by each party during the Point Year

Participation in Programs. The Facility currently participates in the Pennsylvania Medical Assistance program (“Medicaid”) and the federal Medicare program. The Facility reserves the right to withdraw from the Medicaid or Medicare programs at any time in accordance with law.

Participation in Programs. Except (i) as waived by PHS, which waiver PHS ------------------------- shall not unreasonably withhold or delay and (ii) for Participating Physicians who did not elect to participate in the Passport Program at the time of its inception, Participating Physicians are required to participate in all Programs and PHS may not exclude any Participating Physician except as set forth below. GBIPA agrees to sanction or terminate in accordance with the Physician Agreement, Office Manual, or otherwise, any Participating Physician who notifies GBIPA or PHS that he or she will not participate in a Program or who does not accept Members enrolled in one or more Programs. Notwithstanding the foregoing, PHS may select, after consultation with GBIPA, a subset of Participating Providers for governmental Programs if, in its reasonable discretion, PHS believes that fewer than all Participating Providers should be permitted to participate in a such governmental Program, or upon GBIPA's consent, which consent shall not be reasonably withheld for all other Programs, if PHS is requested to reduce the size of its panel of participating Providers for an employer group of 1,000 or more eligible Members. Notwithstanding the foregoing, PHS may terminate a Participating Physician from participation in all Programs in accordance with the due process protocols set forth in the Office Manual.

Participation in Programs. ERA may condition participation in ERA programs upon your compliance with certain requirements, including payment of all your financial obligations to ERA when due under the Membership Agreement or otherwise, maintenance of specified program standards, successful completion of any educational programs required by ERA and payment of a separate fee to participate in all or some of such programs. Only Members who meet all program requirements are authorized to utilize trademarks or service marks or other identifications that are unique to such program.