GUARANTEE SUPPLEMENTGuarantee Supplement • August 5th, 2004 • 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.
EMPLOYMENT AGREEMENTEmployment Agreement • August 5th, 2004 • Davita Inc • Services-misc health & allied services, nec • California
This Employment Agreement (this “Agreement”) is entered into effective June 7, 2004 (the “Effective Date”), by and between DaVita Inc. (“Employer”) and Tom Kelly (“Employee”).
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 30, 2004 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, CAYMAN...Credit Agreement • August 5th, 2004 • Davita Inc • Services-misc health & allied services, nec • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 30, 2004 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 CSFB as the sole book running manager and sole lead arranger in respect of the Term B Facility and the Term C 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 “Administrativ
SECURITY AGREEMENT SUPPLEMENTSecurity Agreement • August 5th, 2004 • Davita Inc • Services-misc health & allied services, nec • New York
Reference is made to the above-captioned Credit Agreement and to the Security Agreement identified therein (such Security Agreement, as in effect on the date hereof and as it may be further amended, supplemented or otherwise modified hereafter from time to time, the “Security Agreement”) made by the Grantors from time to time party thereto in favor of the Collateral Agent for the Secured Parties. Terms defined in the Credit Agreement or the Security Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement or the Security Agreement.
