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.
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. 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”).
AMENDMENT NO. 4 Dated as of March 13, 2020 to SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of January 17, 2013Receivables Purchase 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 between NMC FUNDING CORPORATION, a Delaware corporation, as Purchaser (the “Purchaser”) and NATIONAL MEDICAL CARE, INC., a Delaware corporation, as Seller (the “Seller”).
