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Wiki Wiki Summary
Probability distribution In probability theory and statistics, a probability distribution is the mathematical function that gives the probabilities of occurrence of different possible outcomes for an experiment. It is a mathematical description of a random phenomenon in terms of its sample space and the probabilities of events (subsets of the sample space).For instance, if X is used to denote the outcome of a coin toss ("the experiment"), then the probability distribution of X would take the value 0.5 (1 in 2 or 1/2) for X = heads, and 0.5 for X = tails (assuming that the coin is fair).
Linux distribution A Linux distribution (often abbreviated as distro) is an operating system made from a software collection that includes the Linux kernel and, often, a package management system. Linux users usually obtain their operating system by downloading one of the Linux distributions, which are available for a wide variety of systems ranging from embedded devices (for example, OpenWrt) and personal computers (for example, Linux Mint) to powerful supercomputers (for example, Rocks Cluster Distribution).
List of Linux distributions This page provides general information about notable Linux distributions in the form of a categorized list. Distributions are organized into sections by the major distribution or package management system they are based on.
Distribution (mathematics) Distributions, also known as Schwartz distributions or generalized functions, are objects that generalize the classical notion of functions in mathematical analysis. Distributions make it possible to differentiate functions whose derivatives do not exist in the classical sense.
Multimodal distribution In statistics, a bimodal distribution is a probability distribution with two different modes, which may also be referred to as a bimodal distribution. These appear as distinct peaks (local maxima) in the probability density function, as shown in Figures 1 and 2.
Product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.
Limited liability Limited liability is a legal status where a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a corporation, company or partnership. If a company that provides limited liability to its investors is sued, then the claimants are generally entitled to collect only against the assets of the company, not the assets of its shareholders or other investors.
Legal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.
Vicarious liability Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability.
No liability A no-liability company in Australia (suffix NL) is a company which, under the Corporations Act 2001 (Cth), must have as its stated objects that it is solely a mining company and that it is not entitled to calls on the unpaid issue price of shares. It is a company which is restricted to mining activities and is the only sort of corporation which is entitled to this form of liability, given the sometimes financially risky business of mining.
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Mergers and acquisitions In corporate finance, mergers and acquisitions (M&A) are transactions in which the ownership of companies, other business organizations, or their operating units are transferred or consolidated with other entities. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position.
Flight Facilities Flight Facilities is an Australian electronic producer duo that also performs as Hugo & Jimmy. In 2009, they began mixing songs by other artists before crafting their own original material.
Pedestrian facilities Pedestrian facilities include retail shops, museums, mass events (such as festivals or concert halls), hospitals, transport hubs (such as train stations or airports), sports infrastructure (such as stadiums) and religious infrastructures. The transport mode in such infrastructures is mostly walking, with rare exceptions.
Attacks on U.S. diplomatic facilities The United States maintains numerous embassies and consulates around the world, many of which are in war-torn countries or other dangerous areas.\n\n\n== Diplomatic Security ==\nThe Regional Security Office is staffed by Special Agents of the Diplomatic Security Service (DSS), and is responsible for all security, protection, and law enforcement operations in the embassy or consulate.
Zubieta Facilities The Zubieta Facilities (Basque: Zubietako Kirol-instalakuntzak, Spanish: Instalaciones de Zubieta), is the training ground of the Primera Division club Real Sociedad. Located in Zubieta, an enclave of San Sebastian (adjacent to the San Sebastián Hippodrome), it was opened in 2004 in its modernised form, although was originally inaugurated in 1981.
Medical facilities of Seattle The city of Seattle, Washington, United States is served by numerous respected medical institutions. The University of Washington is consistently ranked among the country's dozen leading institutions in medical research, while Group Health Cooperative was one of the pioneers of managed care in the United States.
Facility management Facility management, or facilities management, (FM) is a professional management discipline focused on the efficient and effective delivery of logistics and other support services related to real property, it encompasses multiple disciplines to ensure functionality, comfort, safety and efficiency of the built environment by integrating people, place, process and technology, as defined by the International Organization for Standardization (ISO). The profession is certified through Global Facility Management Association (Global FM) member organizations.
Facility ID The facility ID number, also called a FIN or facility identifier, is a unique integer number of one to six digits, assigned by the U.S. Federal Communications Commission (FCC) Media Bureau to each broadcast station in the FCC Consolidated Database System (CDBS) and Licensing and Management System (LMS) databases, among others.\nBecause CDBS includes information about foreign stations which are notified to the U.S. under the terms of international frequency coordination agreements, FINs are also assigned to affected foreign stations.
Health facility A health facility is, in general, any location where healthcare is provided. Health facilities range from small clinics and doctor's offices to urgent care centers and large hospitals with elaborate emergency rooms and trauma centers.
Mint (facility) A mint is an industrial facility which manufactures coins that can be used as currency.\nThe history of mints correlates closely with the history of coins.
Telecommunications facility In telecommunications, a facility is defined by Federal Standard 1037C as:\n\nA fixed, mobile, or transportable structure, including (a) all installed electrical and electronic wiring, cabling, and equipment and (b) all supporting structures, such as utility, ground network, and electrical supporting structures.\nA network-provided service to users or the network operating administration.
Senate Staff Health and Fitness Facility Senate Staff Health and Fitness Facility is the gym of the United States Senate located in Washington, D.C. Prior to 2001, it was referred to as the Senate Health and Fitness Facility (without mentioning the "staff").\nA revolving fund administered by the Department of the Treasury for the Architect of the Capitol to run the facility was established in Chapter 4, Section 121f of the Title 2 of the United States Code.
Chapter 11, Title 11, United States Code Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as "Chapter 11 bankruptcy", is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities.
New and delete (C++) In the C++ programming language, new and delete are a pair of language constructs that perform dynamic memory allocation, object construction and object destruction.\n\n\n== Overview ==\nExcept for a form called the "placement new", the new operator denotes a request for memory allocation on a process's heap.
Unitary operator In functional analysis, a unitary operator is a surjective bounded operator on a Hilbert space that preserves the inner product. Unitary operators are usually taken as operating on a Hilbert space, but the same notion serves to define the concept of isomorphism between Hilbert spaces.
Guanacaste Airport Guanacaste Airport, known before as Daniel Oduber Quirós International Airport (Spanish: Aeropuerto Internacional Daniel Oduber Quirós) (IATA: LIR, ICAO: MRLB), also known as Liberia International Airport, is one of four international airports in Costa Rica. It is 11 kilometres (7 mi) west-southwest of the city of Liberia in Guanacaste Province, and serves as a tourism hub for those who visit the Pacific coast and western Costa Rica.
Directors and officers liability insurance Directors and officers liability insurance (also written directors' and officers' liability insurance; often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization itself, as indemnification (reimbursement) for losses or advancement of defense costs in the event an insured suffers such a loss as a result of a legal action brought for alleged wrongful acts in their capacity as directors and officers. Such coverage can extend to defense costs arising from criminal and regulatory investigations or trials as well; in fact, often civil and criminal actions are brought against directors and officers simultaneously.
Equity (finance) In finance, equity is ownership of assets that may have debts or other liabilities attached to them. Equity is measured for accounting purposes by subtracting liabilities from the value of the assets.
Health assessment A health assessment is a plan of care that identifies the specific needs of a person and how those needs will be addressed by the healthcare system or skilled nursing facility. Health assessment is the evaluation of the health status by performing a physical exam after taking a health history.
Formative assessment Formative assessment, formative evaluation, formative feedback, or assessment for learning, including diagnostic testing, is a range of formal and informal assessment procedures conducted by teachers during the learning process in order to modify teaching and learning activities to improve student attainment. The goal of a formative assessment is to monitor student learning to provide ongoing feedback that can help students identify their strengths and weaknesses and target areas that need work.
Professional liability insurance Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance which helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. \nThe coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder.
Environmental impact assessment Environmental assessment (EA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state.
Risk Factors
HEALTH CARE REIT INC /DE/ Item 1A Risk Factors Forward-Looking Statements and Risk Factors This Annual Report on Form 10-K and the documents incorporated by reference contain statements that constitute “forward-looking statements” as that term is defined in the federal securities laws
These forward-looking statements include those regarding: • the possible expansion of our portfolio; • the sale of properties; • the performance of our operators and properties; • our ability to enter into agreements with new viable tenants for properties that we take back from financially troubled tenants, if any; • our ability to make distributions; • our policies and plans regarding investments, financings and other matters; • our tax status as a real estate investment trust; • our ability to appropriately balance the use of debt and equity; 25 _________________________________________________________________ [86]Table of Contents • our ability to access capital markets or other sources of funds; and • our ability to meet our earnings guidance
For example, when we use words such as “may,” “will,” “intend,” “should,” “believe,” “expect,” “anticipate,” “estimate” or similar expressions, we are making forward-looking statements
Forward-looking statements are not guarantees of future performance and involve risks and uncertainties
Our expected results may not be achieved, and actual results may differ materially from our expectations
This may be a result of various factors, including, but not limited to: • the status of the economy; • the status of capital markets, including prevailing interest rates; • serious issues facing the health care industry, including compliance with, and changes to, regulations and payment policies and operators’ difficulty in obtaining and maintaining adequate liability and other insurance; • changes in financing terms; • competition within the health care and senior housing industries; • negative developments in the operating results or financial condition of operators, including, but not limited to, their ability to pay rent and repay loans; • the Company’s ability to transition or sell facilities with profitable results; • the failure of closings to occur as and when anticipated; • acts of God affecting our properties; • our ability to reinvest sale proceeds at similar rates to assets sold; • operator bankruptcies or insolvencies; • government regulations affecting Medicare and Medicaid reimbursement rates; • liability claims and insurance costs for our operators; • unanticipated difficulties and/or expenditures relating to future acquisitions; • environmental laws affecting our properties; • delays in reinvestment of sale proceeds; • changes in rules or practices governing the Company’s financial reporting; • other factors, including REIT qualification, anti-takeover provisions and key management personnel; and • the risks described below: Risk factors related to our operators’ revenues and expenses Our facility operators’ revenues are primarily driven by occupancy, Medicare and Medicaid reimbursement, if applicable, and private pay rates
Expenses for these facilities are primarily driven by the costs of labor, food, utilities, taxes, insurance and rent or debt service
Revenues from government reimbursement have, and may continue, to come under pressure due to reimbursement cuts and state budget shortfalls
Liability insurance and staffing costs continue to increase for our operators
To the extent that any decrease in revenues and/or any increase in operating expenses result in a facility not generating enough cash to make payments to us, the credit of our operator and the value of other collateral would have to be relied upon
26 _________________________________________________________________ [87]Table of Contents Risk factors related to operator bankruptcies We are exposed to the risk that our operators may not be able to meet the rent, principal and interest or other payments due us, which may result in an operator bankruptcy or insolvency, or that an operator might become subject to bankruptcy or insolvency proceedings for other reasons
Although our operating lease agreements provide us with the right to evict an operator, demand immediate payment of rent and exercise other remedies, and our loans provide us with the right to terminate any funding obligation, demand immediate repayment of principal and unpaid interest, foreclose on the collateral and exercise other remedies, the bankruptcy laws afford certain rights to a party that has filed for bankruptcy or reorganization
An operator in bankruptcy may be able to limit or delay our ability to collect unpaid rent in the case of a lease or to receive unpaid principal and interest in the case of a loan, and to exercise other rights and remedies
We may be required to fund certain expenses (eg, real estate taxes and maintenance) to preserve the value of a facility, avoid the imposition of liens on a facility and/or transition a facility to a new operator
In some instances, we have terminated our lease with an operator and relet the facility to another operator
In some of those situations, we have provided working capital loans to and limited indemnification of the new operator
If we cannot transition a leased facility to a new operator, we may take possession of that facility, which may expose us to certain successor liabilities
Should such events occur, our revenue and operating cash flow may be adversely affected
Risk factors related to government regulations Our operators’ businesses are affected by government reimbursement and private payor rates
To the extent that a facility receives a significant portion of its revenues from governmental payors, primarily Medicare and Medicaid, such revenues may be subject to statutory and regulatory changes, retroactive rate adjustments, recovery of program overpayments or set-offs, administrative rulings, policy interpretations, payment or other delays by fiscal intermediaries, government funding restrictions (at a program level or with respect to specific facilities) and interruption or delays in payments due to any ongoing governmental investigations and audits at such facility
In recent years, governmental payors have frozen or reduced payments to health care providers due to budgetary pressures
Health care reimbursement will likely continue to be of paramount importance to federal and state authorities
We cannot make any assessment as to the ultimate timing or effect any future legislative reforms may have on the financial condition of the skilled nursing industry, the specialty care industry or the health care industry in general
There can be no assurance that adequate reimbursement levels will continue to be available for services provided by any facility operator, whether the facility receives reimbursement from Medicare, Medicaid or private payors
Significant limits on the scope of services reimbursed and on reimbursement rates and fees could have a material adverse effect on an operator’s liquidity, financial condition and results of operations, which could adversely affect the ability of an operator to meet its obligations to us
In addition, the replacement of an operator that has defaulted on its lease or loan could be delayed by the approval process of any federal, state or local agency necessary for the transfer of the facility or the replacement of the operator licensed to manage the facility
Risk factors related to liability claims and insurance costs Long-term care facility operators (skilled nursing facilities, assisted living facilities, and independent living/continuing care retirement communities) have experienced substantial increases in both the number and size of patient care liability claims in recent years, particularly in the states of Texas and Florida
As a result, general and professional liability costs have increased and may continue to increase
Long-term care liability insurance rates are increasing nationwide because of large jury awards in states like Texas and Florida
Over the past four years, both Texas and Florida have adopted skilled nursing facility liability laws that modify or limit tort damages
Despite some of these reforms, the long-term care industry overall continues to experience very high general and professional liability costs
Insurance companies have responded to this claims crisis by severely restricting their capacity to write long-term care general and professional liability policies
No assurances can be given that the climate for long-term care general and professional liability insurance will improve in any of the foregoing states or any other states where the facility operators conduct business
Insurance companies may continue to reduce or stop writing general and professional liability policies for long-term care facilities
Thus, general professional liability insurance coverage may be restricted or very costly, which may adversely affect the facility operators’ future 27 _________________________________________________________________ [88]Table of Contents operations, cash flows and financial condition, and may have a material adverse effect on the facility operators’ ability to meet their obligations to us
Risk factors related to acquisitions We are exposed to the risk that our future acquisitions may not prove to be successful
We could encounter unanticipated difficulties and expenditures relating to any acquired properties, including contingent liabilities, and newly acquired properties might require significant management attention that would otherwise be devoted to our ongoing business
If we agree to provide construction funding to an operator and the project is not completed, we may need to take steps to ensure completion of the project or we could lose the property
Moreover, if we issue equity securities or incur additional debt, or both, to finance future acquisitions, it may reduce our per share financial results
These costs may negatively affect our results of operations
Risk factors related to environmental laws Under various federal and state laws, owners or operators of real estate may be required to respond to the release of hazardous substances on the property and may be held liable for property damage, personal injuries or penalties that result from environmental contamination
These laws also expose us to the possibility that we may become liable to reimburse the government for damages and costs it incurs in connection with the contamination
Generally, such liability attaches to a person based on the person’s relationship to the property
Our tenants or borrowers are primarily responsible for the condition of the property and since we are a passive landlord, we do not “participate in the management” of any property in which we have an interest
Moreover, we review environmental site assessments of the properties that we own or encumber prior to taking an interest in them
Those assessments are designed to meet the “all appropriate inquiry” standard, which qualifies us for the innocent purchaser defense if environmental liabilities arise
Based upon such assessments, we do not believe that any of our properties are subject to material environmental contamination
However, environmental liabilities may be present in our properties and we may incur costs to remediate contamination, which could have a material adverse effect on our business or financial condition
Risk factors related to reinvestment of sale proceeds From time to time, we will have cash available from (1) the proceeds of sales of our securities, (2) principal payments on our loans receivable and (3) the sale of properties, including non-elective dispositions, under the terms of master leases or similar financial support arrangements
We must re-invest these proceeds, on a timely basis, in properties or in qualified short-term investments
We compete for real estate investments with a broad variety of potential investors
This competition for attractive investments may negatively affect our ability to make timely investments on terms acceptable to us
Delays in acquiring properties may negatively impact revenues and perhaps our ability to make distributions to stockholders
Other risk factors We are also subject to a number of other risks
First, we might fail to qualify or remain qualified as a REIT We intend to operate as a REIT under the Internal Revenue Code and believe we have and will continue to operate in such a manner
Since REIT qualification requires us to meet a number of complex requirements, it is possible that we may fail to fulfill them, and if we do, our earnings will be reduced by the amount of federal taxes owed
A reduction in our earnings would affect the amount we could distribute to our stockholders
Also, if we were not a REIT, we would not be required to make distributions to stockholders since a non-REIT is not required to pay dividends to stockholders amounting to at least 90prca of its annual taxable income (including 100prca of capital gains)
See “Item 1 — Business — Taxation” for a discussion of the provisions of the Internal Revenue Code that apply to us and the effects of non-qualification
Second, our Second Restated Certificate of Incorporation and Amended and Restated By-Laws contain anti-takeover provisions (staggered board provisions, restrictions on share ownership and transfer and super majority stockholder approval requirements for business combinations) that could make it more difficult for or even prevent 28 _________________________________________________________________ [89]Table of Contents a third party from acquiring us without the approval of our incumbent Board of Directors
Provisions and agreements that inhibit or discourage takeover attempts could reduce the market value of our common stock
Third, we are dependent on key personnel
Although we have entered into employment agreements with our executive officers, losing any one of them could, at least temporarily, have an adverse impact on our operations
We believe that losing more than one would have a material adverse impact on our business