CREDIT AGREEMENT among DaVita Inc., as Borrower, The Guarantors Party Hereto, The Lenders Party Hereto, Bank of America, N.A., Wachovia Bank, National Association Bear Stearns Corporate Lending Inc., The Bank of New York The Bank of Nova Scotia The...Credit Agreement • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec • New York
CREDIT AGREEMENT (this “Agreement”), dated as of October 5, 2005, among DaVita Inc., a Delaware corporation (the “Borrower”), the Guarantors (as defined in Section 1.1) party hereto, the several banks and other financial institutions or entities from time to time lenders under this Agreement by execution thereof or of an Addendum or pursuant to Section 11.6 (the “Lenders”), Bank of America, N.A., Wachovia Bank, National Association, Bear Stearns Corporate Lending Inc., The Bank of New York, The Bank of Nova Scotia, The Royal Bank of Scotland plc and WestLB AG, New York Branch, as co-documentation agents (in such capacity, the “Documentation Agents”), Credit Suisse, Cayman Islands Branch, as syndication agent (in such capacity, the “Syndication Agent”), and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent.
SECURITY AGREEMENT By DaVita Inc., as Borrower and THE GUARANTORS PARTY HERETO and JPMorgan Chase Bank, N.A., as Collateral AgentSecurity Agreement • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec
This SECURITY AGREEMENT dated as of October 5, 2005 (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”) is made by DaVita Inc., a Delaware corporation (the “Borrower”), and the Guarantors from to time to time party hereto (the “Guarantors”), as pledgors, assignors and debtors (the Borrower, together with the Guarantors, in such capacities and together with any successors in such capacities, the “Pledgors,” and each, a “Pledgor”), in favor of JPMorgan Chase Bank, N.A., in its capacity as collateral agent pursuant to the Credit Agreement (as hereinafter defined), as pledgee, assignee and secured party (in such capacities and together with any successors in such capacities, the “Collateral Agent”).
ALLIANCE AND PRODUCT SUPPLY AGREEMENT among GAMBRO RENAL PRODUCTS, INC., DAVITA INC. and GAMBRO AB dated as of October 5, 2005Alliance and Product Supply Agreement • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec • New York
ALLIANCE AND PRODUCT SUPPLY AGREEMENT (this “APS Agreement”), dated as of October 5, 2005 (the “Effective Date”), among GAMBRO RENAL PRODUCTS INC., a Colorado corporation (the “Supplier”), DAVITA INC., a Delaware corporation (the “Purchaser”), and, solely for purposes of Section 11.04, GAMBRO AB, a company organized under the laws of the Kingdom of Sweden (“Parent”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec • New York
THIS FIRST SUPPLEMENTAL INDENTURE (the “Supplemental Indenture”) dated as of the 5th day of October 2005, among DaVita Inc., a Delaware corporation (the “Company”), the Guarantors (as defined below), the persons named as Additional Guarantors signatory hereto (the “Additional Guarantors”) and The Bank of New York Trust Company, N.A., as Trustee (the “Trustee”), amends and supplements the Indenture dated as of March 22, 2005 among the Company, the Guarantors named therein, as guarantors (the “Guarantors”), and the Trustee (the “Original Indenture”) with respect to the Company’s 6 5/8% Senior Notes due 2013.
AMENDMENT NO. 3 FREESTANDING DIALYSIS CENTER AGREEMENT NO. 200308359Agreement • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec • California
The undersigned hereby agree to amend Freestanding Dialysis Center Agreement No. 200308359 (the “Agreement”) between Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc., and Gambro Healthcare, Inc. f/k/a Gambro Healthcare Patient Services Inc. 10810 West Collins Avenue, Lakewood, Colorado, 80215 (“GAMBRO”), including any prior amendments thereto, as stated below.
CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND GAMBRO HEALTHCARE, INC.Corporate Integrity Agreement • November 8th, 2005 • Davita Inc • Services-misc health & allied services, nec
