Common use of Where the MOHLTC Clause in Contracts

Where the MOHLTC. a) Has entered into a Development Agreement with a LTCH Health Service Provider or a proposed LTCH Health Service Provider (an “Operator”); b) Has consented to the grant of a security interest to a Lender under the Development Agreement; and c) Has directed the LHIN to consent to the assignment of the Operator’s rights under a SAA, then the LHIN, d) Shall deliver to the Lender a commitment, in the MOHLTC’s standard form, to provide the LHIN’s consent to the assignment of the Operator’s rights under the SAA between the Operator and the LHIN; e) Upon the grant of a licence to the Operator in respect of the Home, and for so long as a CFS is to be paid in respect of the Home, shall consent to the grant of a security interest in the SAA between the LHIN and the Operator in respect of the Home, provided that: (i) The security interest in the SAA may only be exercised together with the exercise of a security interest in the licence for the beds; and (ii) The security interest is subject to all applicable statutory requirements and restrictions, including section 107 of the LTCHA and sections 2(2), 19 and 20 of the LHSIA; and f) Shall amend section 15.8 of the SAA in respect of the Home to remove the following sentence: “No assignment or subcontract shall relieve the HSP from its obligations under the Agreement or impose any liability upon the LHIN to any assignee or subcontractor.” Beds in Abeyance‌

Where the MOHLTC. a) Has entered into a Development Agreement with a LTCH Health Service Provider health service provider or a proposed LTCH Health Service Provider health service provider (an “Operator”); b) Has consented to the grant of a security interest to a Lender under the Development Agreement; and c) Has directed the LHIN to consent to the assignment of the Operator’s rights under a SAAservice accountability agreement, then the LHIN, d) Shall deliver to the Lender a commitment, in the MOHLTC’s standard form, to provide the LHIN’s consent to the assignment of the Operator’s rights under the SAA service accountability agreement between the Operator and the LHIN; e) Upon the grant of a licence to the Operator in respect of the Home, and for so long as a CFS is to be paid in respect of the Home, shall consent to the grant of a security interest in the SAA service accountability agreement between the LHIN and the Operator in respect of the Home, provided that: (i) The security interest in the SAA service accountability agreement may only be exercised together with the exercise of a security interest in the licence for the beds; and (ii) The security interest is subject to all applicable statutory requirements and restrictions, including section 107 of the LTCHA and sections 2(2), 19 and 20 of the LHSIA; and f) Shall amend section 15.8 of the SAA service accountability agreement in respect of the Home to remove the following sentence: “No assignment or subcontract shall relieve the HSP from its obligations under the Agreement or impose any liability upon the LHIN to any assignee or subcontractor.” Beds in Abeyance‌”

Where the MOHLTC. (a) Has has entered into a Development Agreement with a LTCH Health Service Provider health service provider or a proposed LTCH Health Service Provider health service provider (an “Operator”); (b) Has has consented to the grant of a security interest to a Lender under the Development Agreement; and (c) Has has directed the LHIN to consent to the assignment of the Operator’s rights under a SAAservice accountability agreement, then the LHIN, d(i) Shall deliver to the Lender a commitment, in the MOHLTC’s standard form, to provide the LHIN’s consent to the assignment of the Operator’s rights under the SAA service accountability agreement between the Operator and the LHIN; e(ii) Upon the grant of a licence to the Operator in respect of the Home, and for so long as a CFS is to be paid in respect of the Home, shall consent to the grant of a security interest in the SAA service accountability agreement between the LHIN and the Operator in respect of the Home, provided that: (i1) The the security interest in the SAA service accountability agreement may only be exercised together with the exercise of a security interest in the licence for the beds; and (ii2) The the security interest is subject to all applicable statutory requirements and restrictions, including section 107 of the LTCHA and sections 2(2), 19 and 20 of the LHSIA; and f(iii) Shall amend section 15.8 of the SAA service accountability agreement in respect of the Home to remove the following sentence: “No assignment or subcontract shall relieve the HSP from its obligations under the this Agreement or impose any liability upon the LHIN to any assignee or subcontractor.” Beds in Abeyance‌”

Where the MOHLTC. a) Has entered into a Development Agreement with a LTCH Health Service Provider or a proposed LTCH Health Service Provider (an “Operator”); b) Has consented to the grant of a security interest to a Lender under the Development Agreement; and c) Has directed the LHIN to consent to the assignment of the Operator’s rights under a SAA, then the LHIN, d) Shall ▇▇▇▇▇ deliver to the Lender a commitment, in the MOHLTC’s standard form, to provide the LHIN’s consent to the assignment of the Operator’s rights under the SAA between the Operator and the LHIN; e) Upon the grant of a licence to the Operator in respect of the Home, and for so long as a CFS is to be paid in respect of the Home, shall consent to the grant of a security interest in the SAA between the LHIN and the Operator in respect of the Home, provided that: (i) The security interest in the SAA may only be exercised together with the exercise of a security interest in the licence for the beds; and (ii) The security interest is subject to all applicable statutory requirements and restrictions, including section 107 of the LTCHA and sections 2(2), 19 and 20 of the LHSIA; and f) Shall amend section 15.8 of the SAA in respect of the Home to remove the following sentence: “No assignment or subcontract shall relieve the HSP from its obligations under the Agreement or impose any liability upon the LHIN to any assignee or subcontractor.” Beds in Abeyance‌