FRESENIUS MEDICAL CARE US FINANCE III, INC. as Issuer U.S. BANK NATIONAL ASSOCIATION as Trustee FRESENIUS MEDICAL CARE AG & Co. KGaA and FRESENIUS MEDICAL CARE HOLDINGS, INC. as Guarantors INDENTURE DATED AS OF MAY 18, 2021 with respect to the...Indenture • July 30th, 2021 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
INDENTURE dated as of May 18, 2021, among FRESENIUS MEDICAL CARE US FINANCE III, INC., a Delaware corporation (the “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”) and FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH” and, together with the Company, the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee (the “Trustee”).
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN NOTEFourth Amended and Restated Loan Note • July 30th, 2021 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN NOTE (this “First Amendment”) made and effective as of the 2nd day of July, 2021 between Fresenius Medical Care AG & Co. KGaA, a German partnership limited by shares (“FME”) and Fresenius Medical Care Holdings, Inc., a New York corporation (collectively, the “Borrowers”), and Fresenius SE & Co. KGaA, a German partnership limited by shares (collectively with any specified subsidiary, the “Lender”).
LETTER AGREEMENT Dated as of July 1, 2021 in relation to SEVENTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of November 24, 2014Transfer and Administration Agreement • July 30th, 2021 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York
THIS LETTER AGREEMENT (this “Letter Agreement”), dated as of July 1, 2021, is entered into by and among (i) NMC FUNDING CORPORATION, a Delaware corporation, as purchaser (the “Purchaser”) and as transferor (the “Transferor”), (ii) NATIONAL MEDICAL CARE, INC., a Delaware corporation, as seller (the “Seller”) and as collection agent (the “Collection Agent”), (iii) FRESENIUS MEDICAL CARE AG & CO. KGAA, a German partnership limited by shares (“FME KGaA”), (iv) FRESENIUS MEDICAL CARE HOLDINGS, INC. (“FMCH” and together with FME KGaA, the “Parent Companies”), (iv) the “Administrative Agents” and “Bank Investors” identified on the signature pages hereto, and (v) THE BANK OF NOVA SCOTIA, as agent (the “Agent”).
