0000950123-11-071452 Sample Contracts
SUPPLEMENTAL INDENTURESupplemental Indenture • August 2nd, 2011 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS SUPPLEMENTAL INDENTURE dated as of June 20, 2011, among FMC FINANCE III S.A., a corporation under the laws of Luxembourg (the “Original 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”), FRESENIUS MEDICAL CARE US FINANCE, INC., a Delaware corporation (the “Successor Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), with reference to that certain Indenture dated as of July 2, 2007, by and among the Issuer, the Guarantors and the Trustee (the “Indenture”). Capitalized terms used and not defined herein shall have
Standard Contracts
AMENDMENT NO. 5Credit Agreement • August 2nd, 2011 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS AMENDMENT NO. 5, dated as of July 6, 2011 (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.
