0000950123-09-029921 Sample Contracts

AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT between NATIONAL MEDICAL CARE, INC. as Seller and NMC FUNDING CORPORATION as Purchaser Dated as of October 16, 2008
Receivables Purchase Agreement • August 5th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York

This AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Agreement”) dated as of October 16, 2008, is entered into by and between NATIONAL MEDICAL CARE, INC., a Delaware corporation, as seller (the “Seller”), and NMC FUNDING CORPORATION, a Delaware corporation, as purchaser (the “Purchaser”).

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FOURTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT among PARADIGM FUNDING LLC, GIRO BALANCED FUNDING CORPORATION, LIBERTY STREET FUNDING LLC, as Conduit Investors NMC FUNDING CORPORATION, as Transferor NATIONAL MEDICAL CARE, INC., as...
Transfer and Administration Agreement • August 5th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York

FOURTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT (this “Agreement”), dated as of October 16, 2008, by and among NMC FUNDING CORPORATION, a Delaware corporation, as transferor (in such capacity, the “Transferor”), NATIONAL MEDICAL CARE, INC., a Delaware corporation, as the initial “Collection Agent”, PARADIGM FUNDING LLC, a Delaware limited liability company (“Paradigm”), as a Conduit Investor, GIRO BALANCED FUNDING CORPORATION, a Delaware Corporation (“GBFC”), as a Conduit Investor, LIBERTY STREET FUNDING LLC, a Delaware limited liability company (“Liberty Street”), as a Conduit Investor, the FINANCIAL INSTITUTIONS PARTIES HERETO, as Bank Investors, BAYERISCHE LANDESBANK, NEW YORK BRANCH (“BAYERNLB”), as an Administrative Agent, THE BANK OF NOVA SCOTIA (“Scotiabank”), as an Administrative Agent, WESTLB AG, NEW YORK BRANCH (formerly known as Westdeutsche Landesbank Girozentrale, New York Branch) (“WestLB”), as an Administrative Agent and as agent (in such capacity, the

AMENDMENT NO. 1 Dated as of July 10, 2009 to FOURTH AMENDED AND RESTATED TRANSFER AND ADMINISTRATION AGREEMENT Dated as of October 16, 2008
Transfer and Administration Agreement • August 5th, 2009 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • New York

THIS AMENDMENT NO. 1 (this “Amendment”) dated as of July 10, 2009 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) WESTLB AG, NEW YORK BRANCH, as agent (the “Agent”).

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