0001193125-03-029879 Sample Contracts

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 15, 2003 Among DAVITA INC. as Borrower CREDIT SUISSE FIRST BOSTON, CAYMAN ISLANDS BRANCH as Administrative Agent BANK OF AMERICA, N.A. in relation to the Revolving Credit Facility and the Term A...
Credit Agreement • August 6th, 2003 • Davita Inc • Services-misc health & allied services, nec • New York

THIS AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 15, 2003 among DAVITA INC., a Delaware corporation (the “Borrower”), the banks, financial institutions and other institutional lenders listed on the signature pages hereof under the caption “Lenders,” the banks party hereto as Issuing Banks (as hereinafter defined), CREDIT SUISSE FIRST BOSTON, acting through its CAYMAN ISLANDS BRANCH (“CSFB”), as the provider of the Swing Line Facility (as hereinafter defined) (the “Swing Line Bank”), CSFB and BANC OF AMERICA SECURITIES LLC, as the joint book running managers and joint lead arrangers in respect of the Revolving Credit Facility and the Term A Facility and CSFB as the sole book running manager and sole lead arranger in respect of the Term B Facility (CSFB and Banc of America Securities, LLC, collectively, in such capacities, the “Book Managers”), CSFB as the administrative agent (together with any successor thereto appointed pursuant to Article VII, the “Administrative Agent”) f

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GUARANTEE SUPPLEMENT
Credit Agreement • August 6th, 2003 • Davita Inc • Services-misc health & allied services, nec • New York

Reference is made to the above-captioned Credit Agreement and to the Subsidiary Guarantee referred to therein (such Subsidiary Guarantee, as in effect on the date hereof and as it may be further amended, supplemented or otherwise modified hereafter from time to time, the “Guarantee”). Capitalized terms not otherwise defined in this Guarantee Supplement shall have the same meanings as specified therefor in the Credit Agreement or the Guarantee.

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