0001144204-10-007282 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT
To Agreement • February 12th, 2010 • Xcorporeal, Inc. • Electromedical & electrotherapeutic apparatus • Delaware

This Amendment No. 1 to Agreement (the “Amendment”) is made and executed this 11th day of February, 2010 by and between Fresenius USA, Inc., a Massachusetts corporation (“FUSA”), and Xcorporeal, Inc., a Delaware corporation (“Xcorporeal”).

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AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • February 12th, 2010 • Xcorporeal, Inc. • Electromedical & electrotherapeutic apparatus • Delaware

This Amendment No. 1 to Asset Purchase Agreement (the “Amendment”) is made and executed this 8th day of February, 2010 by and among Xcorporeal, Inc., a Delaware corporation (“Xcorporeal”), Xcorporeal Operations, Inc., a Delaware corporation and a wholly owned subsidiary of Xcorporeal (“Operations”), National Quality Care, Inc., a Delaware corporation (“NQCI,” and together with Xcorporeal, Operations and NQCI, “Sellers”) and Fresenius USA, Inc., a Massachusetts corporation (“Purchaser”). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement (as defined below).

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