0001047469-18-003451 Sample Contracts

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, 2018
Deposit 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.

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