0001193125-04-031173 Sample Contracts

SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 18, 2003 Among DAVITA INC. as Borrower CREDIT SUISSE FIRST BOSTON, CAYMAN ISLANDS BRANCH as Administrative Agent BANK OF AMERICA, N.A. as Syndication Agent CREDIT SUISSE FIRST BOSTON,...
Credit Agreement • February 27th, 2004 • Davita Inc • Services-misc health & allied services, nec • New York

THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 18, 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 (“BAS”), as the joint book running managers and joint lead arrangers in respect of the Revolving Credit Facility and the Term A Facility and BAS as the sole book running manager and sole lead arranger in respect of the Term B Facility (CSFB and BAS, 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”) for the Len

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FREESTANDING DIALYSIS CENTER AGREEMENT
Freestanding Dialysis Center Agreement • February 27th, 2004 • Davita Inc • Services-misc health & allied services, nec • California

This agreement (“Agreement”) between Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc., and DaVita, Inc., including the freestanding dialysis center affiliate(s) listed on Appendix B, (collectively, “Dialysis Center”), sets forth the terms and conditions for the purchase of EPOGEN® (Epoetin alfa) and Aranesp®(darbepoetin alfa) by Dialysis Center, exclusively for the treatment of dialysis patients.

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