0000950123-11-017185 Sample Contracts

FRESENIUS MEDICAL CARE US FINANCE, INC. as Issuer U.S. BANK NATIONAL ASSOCIATION as Trustee FRESENIUS MEDICAL CARE AG & Co. KGaA, FRESENIUS MEDICAL CARE HOLDINGS, INC. and FRESENIUS MEDICAL CARE DEUTSCHLAND GmbH as Guarantors INDENTURE DATED AS OF...
Fresenius Medical Care AG & Co. KGaA • February 23rd, 2011 • Services-misc health & allied services, nec • New York

INDENTURE dated as of February 3, 2011, among FRESENIUS MEDICAL CARE US FINANCE, 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”), FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH”) and FRESENIUS MEDICAL CARE DEUTSCHLAND GmbH, a limited liability company organized under the laws of the Federal Republic of Germany (“FMCD” and, together with the Company and FMCH, the “Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).

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AMENDMENT NO. 4
Fresenius Medical Care AG & Co. KGaA • February 23rd, 2011 • Services-misc health & allied services, nec • New York

THIS AMENDMENT NO. 4, dated as of January 14, 2011 (this “Amendment”), of those certain Credit Agreements referenced below is by and among FRESENIUS MEDICAL CARE AG & Co. KGaA, a German partnership limited by shares (“FMCAG”), FRESENIUS MEDICAL CARE HOLDINGS, INC., a New York corporation (“FMCH”), and the other Borrowers identified herein, the Guarantors identified herein, the Lenders party hereto and BANK OF AMERICA, N.A., as Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings provided in the Bank Credit Agreement.

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