FRESENIUS MEDICAL CARE AG AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement November 30, 2023Deposit Agreement • February 20th, 2024 • Fresenius Medical Care AG • Services-misc health & allied services, nec • New York
FRESENIUS MEDICAL CARE AG & CO. KGaA AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement (For Ordinary Bearer Shares) Dated as of April 30, 2018Deposit Agreement • May 3rd, 2018 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of April 30, 2018, among Fresenius Medical Care AG & Co. KGaA, a partnership limited by shares (Kommanditgesellschaft auf Aktien) organized under the laws of the Federal Republic of Germany and registered with the commercial register of the local court (Amtsgericht) of Hof an der Saale, Germany under the registration number HRB 4019 (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and holders from time to time of American Depositary Shares issued hereunder.
FRESENIUS MEDICAL CARE US FINANCE III, INC. as Issuer U.S. BANK NATIONAL ASSOCIATION as Trustee FRESENIUS MEDICAL CARE AG & Co. KGaA and FRESENIUS MEDICAL CARE HOLDINGS, INC. as Guarantors INDENTURE DATED AS OF MAY 18, 2021 with respect to the...Indenture • July 30th, 2021 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
INDENTURE dated as of May 18, 2021, among FRESENIUS MEDICAL CARE US FINANCE III, INC., a Delaware corporation (the “Issuer”), as Issuer, FRESENIUS MEDICAL CARE AG & Co. KGaA, a partnership limited by shares (Kommanditgesellschaft auf Aktien) organized under the laws of the Federal Republic of Germany (the “Company”) and FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH” and, together with the Company, the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee (the “Trustee”).
FRESENIUS MEDICAL CARE US FINANCE III, INC. as Issuer U.S. BANK NATIONAL ASSOCIATION as Trustee FRESENIUS MEDICAL CARE AG & Co. KGaA, FRESENIUS MEDICAL CARE HOLDINGS, INC. and as Guarantors INDENTURE DATED AS OF JUNE 20, 2019 with respect to the...Indenture • July 30th, 2019 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
INDENTURE dated as of JUNE 20, 2019, among FRESENIUS MEDICAL CARE US FINANCE III, INC., a Delaware corporation (the “Issuer”), as Issuer, FRESENIUS MEDICAL CARE AG & Co. KGaA, a partnership limited by shares (Kommanditgesellschaft auf Aktien) organized under the laws of the Federal Republic of Germany (the “Company”) and FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH” and, together with the Company, the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
REGISTRATION RIGHTS AGREEMENT by and among FMC Finance III S.A. Fresenius Medical Care AG & Co. KGaA Fresenius Medical Care Holdings, Inc. Fresenius Medical Care Deutschland GmbH and Banc of America Securities LLC Deutsche Bank Securities Inc. Morgan...Registration Rights Agreement • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of July 26, 2007, by and among FMC Finance III S.A., a public limited company organized under the laws of the Grand Duchy of Luxembourg (the “Company”), Fresenius Medical Care AG & Co. KGaA (“FMC-KGaA”), Fresenius Medical Care Holdings, Inc. and Fresenius Medical Care Deutschland GmbH (the “Guarantors” and, together with the Company, the “Issuers”), and Banc of America Securities LLC, Deutsche Bank Securities Inc. and Morgan Stanley & Co. Incorporated (collectively, the “Initial Purchasers”), each of which has agreed to purchase the Company’s 67/8% Senior Notes due 2017 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement (as defined below). The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
AMENDMENT NO. 4 Dated as of February 27, 2023 to EIGHTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of August 11, 2021Transfer and Administration Agreement • May 9th, 2023 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
SCHEDULE I Notice Addresses of Bank Investors SCHEDULE II Commitments of Bank Investors SCHEDULE III Perfection Representations SCHEDULE IV [RESERVED]Account Schedule
FRESENIUS MEDICAL CARE AG & CO KGaA AND JPMORGAN CHASE BANK, N.A. As Depositary AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Deposit Agreement Representing Ordinary Bearer Shares Dated as of January , 2006Deposit Agreement • December 20th, 2005 • Fresenius Medical Care AG & Co. KGaA • American depositary receipts • New York
DEPOSIT AGREEMENT dated as of January __, 2006 (the "Deposit Agreement") among FRESENIUS MEDICAL CARE AG & CO KGaA and its successors (the "Company"), JPMORGAN CHASE BANK, N.A., as depositary hereunder (the "Depositary"), and all holders from time to time of American Depositary Receipts issued hereunder ("ADRs") evidencing American Depositary Shares ("ADSs") representing deposited Shares (defined below). The Company hereby appoints the Depositary as depositary for the Deposited Securities and hereby authorizes and directs the Depositary to act in accordance with the terms set forth in this Deposit Agreement. The parties hereto agree as follows:
AMENDMENT FOR LEASE AGREEMENT FOR MANUFACTURING FACILITIESLease Agreement for Manufacturing Facilities • February 26th, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
Whereas, as part of the formation of Fresenius Medical Care in 1996, the Landlord and the Tenant (hereinafter together referred to as “the Parties”) entered into a Lease Agreement for Manufacturing Facilities for the leased space in St. Wendel, Frankfurter Strasse 6-8, dated September 30, 1996 (hereinafter referred to as “the Lease Agreement”);
FMC FINANCE VII S.A. as Issuer U.S. BANK NATIONAL ASSOCIATION as Trustee DEUTSCHE BANK AKTIENGESELLSCHAFT as Paying Agent FRESENIUS MEDICAL CARE AG & Co. KGaA, FRESENIUS MEDICAL CARE HOLDINGS, INC. and FRESENIUS MEDICAL CARE DEUTSCHLAND GmbH as...Indenture • February 23rd, 2011 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
INDENTURE dated as of February 3, 2011, among FMC FINANCE VII S.A., a société anonyme organized under the laws of Luxembourg (the “Issuer”), as Issuer, FRESENIUS MEDICAL CARE AG & Co. KGaA, a partnership limited by shares (Kommanditgesellschaft auf Aktien) organized under the laws of the Federal Republic of Germany (the “Company”), FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH”) and FRESENIUS MEDICAL CARE DEUTSCHLAND GmbH, a limited liability company organized under the laws of the Federal Republic of Germany (“FMCD” and, together with the Company and FMCH, the “Guarantors”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) and DEUTSCHE BANK AKTIENGESELLSCHAFT, as the paying agent (the “Paying Agent”).
CREDIT AGREEMENT dated as of October 30, 2012Credit Agreement • May 6th, 2020 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
This CREDIT AGREEMENT (this “Credit Agreement”) is entered into as of October 30, 2012, among FRESENIUS MEDICAL CARE AG & Co. KGaA, a German partnership limited by shares, and FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation, as Borrowers and Guarantors hereunder, the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.
AMENDMENT NO. 2Term Loan Credit Agreement • February 20th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 2, dated as of January 31, 2008 (this “Amendment”), of that certain Term Loan Credit Agreement referenced below is by and among FRESENIUS MEDICAL CARE AG & Co. KGaA, a German partnership limited by shares (“FMCAG”), FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH”), and the other Borrowers identified herein, the Guarantors identified herein, the Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Term Loan Credit Agreement.
Lease Agreement for Manufacturing FacilitiesLease Agreement • February 22nd, 2017 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
STOCK PURCHASE AND CONTRIBUTION AGREEMENT BY AND AMONG SOUND INPATIENT HOLDINGS, LLC SOUND INPATIENT PHYSICIANS, INC. SOUND INPATIENT PHYSICIANS HOLDINGS, LLC AND FRESENIUS MEDICAL CARE AG & CO. KGAA DATED AS OF JUNE 13, 2014Stock Purchase and Contribution Agreement • July 31st, 2014 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • Delaware
This STOCK PURCHASE AND CONTRIBUTION AGREEMENT (this “Agreement”), dated as of June 13, 2014, is made by and among Sound Inpatient Physicians, Inc., a Delaware corporation (the “Company”), Sound Inpatient Holdings, LLC, a Delaware limited liability company (“Seller”), Sound Inpatient Physicians Holdings, LLC, a Delaware limited liability company (“Buyer”), and Fresenius Medical Care AG & Co. KGaA, a German partnership limited by shares (“Parent Guarantor”). The Company, Seller and Buyer shall be referred to herein from time to time collectively as the “Parties”.
AMENDMENT FOR LEASE AGREEMENT FOR OFFICE BUILDINGSLease Agreement for Office Buildings • February 26th, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
Whereas, as part of the formation of Fresenius Medical Care in 1996, the Landlord and the Tenant (hereinafter together referred to as “the Parties”) entered into a Lease Agreement for Office Buildings for the leased space in Bad Homburg, Daimler Strasse 15, on September 30, 1996 (hereinafter referred to as “the Lease Agreement”);
AMENDMENT NO. 3Credit Agreement • April 8th, 2011 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
Notwithstanding anything contained herein to the contrary, a Defaulting Lender shall not be entitled to share in the foregoing commitment fee hereunder so long as it shall be a Defaulting Lender.
INCREMENTAL TERM LOAN JOINDER AGREEMENT Relating to the Tranche A-2 Term Loan FacilityIncremental Term Loan Joinder Agreement • July 31st, 2014 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS INCREMENTAL TERM LOAN AGREEMENT dated as of July 1, 2014 (this “Agreement”) by and among FRESENIUS MEDICAL CARE AG & Co. KGaA, a German partnership limited by shares, FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation, and the other Borrowers and Guarantors identified herein, the Incremental Term Loan Lenders identified on the signature pages, and BANK OF AMERICA, N.A., as Administrative Agent.
AMENDMENT NO. 7 Dated as of April 27, 2007 to THIRD AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of October 23, 2003Transfer and Administration Agreement • October 31st, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 7 (this “Amendment”) dated as of April 27, 2007 is entered into by and among (i) NMC FUNDING CORPORATION, a Delaware corporation (the “Transferor”), (ii) NATIONAL MEDICAL CARE, INC., a Delaware corporation, as collection agent (the “Collection Agent”), (iii) the “Conduit Investors,” “Bank Investors” and “Administrative Agents” identified on the signature pages hereto, and (iv) WESTLB AG, NEW YORK BRANCH, as agent (the “Agent”).
AMENDMENT NO. 2 Dated as of June 16, 2010 to AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of October 16, 2008Receivables Purchase Agreement • November 3rd, 2010 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT (this “Amendment”) dated as of June 16, 2010 is entered into by and between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
INSURANCE BROKERAGE AGREEMENT dated November 2023Insurance Brokerage Agreement • February 20th, 2024 • Fresenius Medical Care AG • Services-misc health & allied services, nec
The Company is the world’s leading provider of products and services for patients with chronic kidney failure. At the date of signing of this Insurance Brokerage Agreement, the Company is part of Fresenius SE & Co. KGaA Group („FSE Group“).
FOURTH AMENDED AND RESTATED LOAN NOTELoan Note • May 6th, 2020 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
FOR VALUE RECEIVED, Fresenius Medical Care AG & Co. KGaA, a German partnership limited by shares, and Fresenius Medical Care Holdings, Inc., a New York corporation (collectively, the “Borrowers”), jointly and severally promise to pay to the order of Fresenius SE & Co. KGaA, a German partnership limited by shares, or its specified subsidiary (the “Lender”) the lesser of (i) the principal amount of €600,000,000 (Six Hundred Million Euros) (or the Euro equivalent of any amount denominated in any other currency as determined by Lender based on the spot rate as reasonably selected by Lender), or (ii) the unpaid principal amount of all Advances (as defined in Clause 2) made by the Lender to the Borrowers hereunder, together with interest accrued thereon at the rate set forth below, on the date specified for repayment of such Advance pursuant to Clause 3 hereof or such earlier date as such amounts may become payable pursuant to the terms hereof.
AMENDMENT NO. 2Bank Credit Agreement • February 20th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 2, dated as of January 31, 2008 (this “Amendment”), of that certain Bank Credit Agreement referenced below is by and among FRESENIUS MEDICAL CARE AG & Co. KGaA, a German partnership limited by shares (“FMCAG”), FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH”), and the other Borrowers identified herein, the Guarantors identified herein, the Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Bank Credit Agreement.
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN NOTEFourth Amended and Restated Loan Note • July 30th, 2021 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN NOTE (this “First Amendment”) made and effective as of the 2nd day of July, 2021 between Fresenius Medical Care AG & Co. KGaA, a German partnership limited by shares (“FME”) and Fresenius Medical Care Holdings, Inc., a New York corporation (collectively, the “Borrowers”), and Fresenius SE & Co. KGaA, a German partnership limited by shares (collectively with any specified subsidiary, the “Lender”).
AMENDMENT NO.2 Dated as of December 6, 2016 to SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of January 17, 2013Receivables Purchase Agreement • February 22nd, 2017 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT No. 2 (this “Amendment”) dated as of December 6, 2016 is entered into by and between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
AMENDMENT NO. 1 Dated as of November 17, 2009 to AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of October 16, 2008Receivables Purchase Agreement • February 24th, 2010 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT (this “Amendment”) dated as of November 17, 2009 is entered into by and between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
AMENDMENT NO. 6 Dated as of January 19, 2007 to THIRD AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of October 23, 2003Transfer and Administration Agreement • October 31st, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 6 (this “Amendment”) dated as of January 19, 2007 is entered into by and among (i) NMC FUNDING CORPORATION, a Delaware corporation (the “Transferor”), (ii) NATIONAL MEDICAL CARE, INC., a Delaware corporation, as collection agent (the “Collection Agent”), (iii) the “Conduit Investors,” “Bank Investors” and “Administrative Agents” identified on the signature pages hereto, and (iv) WESTLB AG, NEW YORK BRANCH, as agent (the “Agent”).
SECOND AMENDED AND RESTATED LOAN NOTELoan Note • February 27th, 2018 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
FOR VALUE RECEIVED, Fresenius Medical Care AG & Co. KGaA, a German partnership limited by shares, and Fresenius Medical Care Holdings, Inc., a New York corporation (collectively, the “Borrowers”), jointly and severally promise to pay to the order of Fresenius SE & Co. KGaA, a German partnership limited by shares, or its specified subsidiary (the “Lender”) the lesser of (i) the principal amount of $400,000,000 (Four Hundred Million Dollars) (or the US Dollar equivalent of any amount denominated in any other currency as determined by Lender based on the spot rate as reasonably selected by Lender), or (ii) the unpaid principal amount of all Advances (as defined in Clause 2) made by the Lender to the Borrowers hereunder, together with interest accrued thereon at the rate set forth below, on the date specified for repayment of such Advance pursuant to Clause 3 hereof or such earlier date as such amounts may become payable pursuant to the terms hereof.
AMENDMENT NO. 4 TO AGREEMENT NO. 200600447 BETWEEN AMGEN USA INC. AND FRESENIUS MEDICAL CARE HOLDINGS, INC.Amendment No. 4 to Agreement No. 200600447 • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
This Amendment No. 4 (“Amendment No. 4”) to Agreement No. 200600447 (the “Agreement”) is being entered into by and among Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc.; Amgen Inc.; and Fresenius Medical Care Holdings, Inc. (“FMCH”) (Amgen and FMCH each a “Party” and together, the “Parties”). This Amendment No. 4 shall be effective on July 1, 2007.
CONFIDENTIAL TREATMENT Amgen USA, Inc. One Amgen Center Drive Thousand Oaks, CA 91320-1799 March 22, 2007 805-447-1000Sourcing & Supply Agreement • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
This letter has been written to evidence the agreement reached by Amgen USA Inc. (“Amgen”) and Fresenius Medical Care Holdings, Inc. (“FMCH”) to modify and formally amend the above-referenced Agreement (the “Agreement”) by and between Amgen and FMCH for the purchase of EPOGEN® and Aranesp® effective October 1, 2006. Unless otherwise specifically defined in this letter, each term used herein shall have the meaning assigned to such term in the Agreement.
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT between NATIONAL MEDICAL CARE, INC. as Seller and NMC FUNDING CORPORATION as Purchaser Dated as of October 16, 2008Receivables Purchase Agreement • August 5th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
This AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Agreement”) dated as of October 16, 2008, is entered into by and between NATIONAL MEDICAL CARE, INC., a Delaware corporation, as seller (the “Seller”), and NMC FUNDING CORPORATION, a Delaware corporation, as purchaser (the “Purchaser”).
General Agreement 2013 between Fresenius Medical Care AG & Co. KGaA Else- Kröner-Straße 1 D-61352 Bad Homburg („FME”) and Fresenius Netcare GmbH Else- Kröner-Straße 1 D-61352 Bad Homburg („NETCARE”)General Agreement • July 30th, 2013 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
AMENDMENT NO. 3 Dated as of December 20, 2018 to SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of January 17, 2013Receivables Purchase Agreement • February 20th, 2019 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT No. 3 (this “Amendment”) dated as of December 20, 2018 is entered into by and between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
LICENSE, DISTRIBUTION, MANUFACTURING AND SUPPLY AGREEMENT BY AND BETWEEN LUITPOLD PHARMACEUTICALS, INC., AMERICAN REGENT, INC. AND FRESENIUS USA MANUFACTURING, INC. June , 2008License, Distribution, Manufacturing and Supply Agreement • November 5th, 2008 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • Delaware
referring to the agreement “Amendment”/supplement of 19 December 2006 (“Principal Lease” relating to Hafenstr. 9) between Fresenius Immobilien- Verwaltungs-GmbH & Co, Objekt Schweinfurt KG (hereinafter referred to as “the Lessor”) and Fresenius...Lease • April 30th, 2008 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
AMENDMENT NO. 3 Dated as of August 9, 2011 to AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of October 16, 2008Receivables Purchase Agreement • August 19th, 2011 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT No. 3 (this “Amendment”) dated as of August 9, 2011 is entered into by and between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
AMENDMENT NO. 3 Dated as of March 13, 2020 to SEVENTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of November 24, 2014Transfer and Administration Agreement • May 6th, 2020 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 3 (this “Amendment”) dated as of March 13, 2020 is entered into by and among (i) NMC FUNDING CORPORATION, a Delaware corporation (the “Transferor”), (ii) NATIONAL MEDICAL CARE, INC., a Delaware corporation, as collection agent (the “Collection Agent”), (iii) the “Conduit Investors,” “Bank Investors” and “Administrative Agents” identified on the signature pages hereto and (iv) THE BANK OF NOVA SCOTIA, as agent (the “Agent”).
