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 August 9, 2011 to FIFTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of November 17, 2009Transfer and Administration 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 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”).
