Common Contracts

2 similar Credit Agreement contracts by Fresenius Medical Care AG & Co. KGaA

AMENDMENT NO. 3
Credit 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.

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AMENDMENT NO. 3
Credit Agreement • November 3rd, 2010 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York

THIS AMENDMENT NO. 3, dated as of September 29, 2010 (this “Amendment”), of those certain Credit Agreements 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.

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