0001193805-14-001501 Sample Contracts

AMENDMENT TO DEPOSIT AGREEMENT
Deposit Agreement • July 22nd, 2014 • Deutsche Bank Trust Co Americas/ ADR Group • Surgical & medical instruments & apparatus • New York

AMENDMENT dated as of August , 2014 (the "Amendment") to the Deposit Agreement dated as of October 26, 2011 (the "Deposit Agreement") among (i) Fresenius SE & Co. KGaA, a partnership limited by shares organized under the laws of Germany, and its successors (the "Company"), (ii) Deutsche Bank Trust Company Americas, an indirect wholly owned subsidiary of Deutsche Bank A.G., acting in its capacity as depositary, and any successor depositary hereunder (the "Depositary"), and (iii) all Holders and Beneficial Owners of American Depositary Shares evidenced by American Depositary Receipts issued thereunder.

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