Subject: Confidentiality AgreementLinde AG • July 11th, 2012 • Services-misc health & allied services, nec • Delaware
In connection with the discussions between Lincare Holdings Inc. and/or its subsidiaries or affiliates (collectively the “Company”), and Linde AG (the “Potential Acquirer”), regarding the possibility of the Potential Acquirer or an affiliate thereof acquiring the Company (the “Potential Transaction”), the Company and/or its Representatives (as defined below) is intending to disclose, furnish or reveal to the Potential Acquirer and/or its Representatives, either orally, in writing or otherwise, or give the Potential Acquirer and its Representatives access to, certain information about the business, financial condition, operations, assets and liabilities of the Company (the “Information”). As a condition to, and in consideration of, the Company’s and the Potential Acquirer’s willingness to participate in those discussions and to permit the disclosure of Information to the Potential Acquirer and/or its Representatives, each of the parties requires the agreement of the other to the terms a
DATED 1 July 2012 USD 4,500,000,000 TERM LOAN FACILITIES AGREEMENT between LINDE AG and LINDE FINANCE B.V. as Original Borrowers arranged by DEUTSCHE BANK AG and MORGAN STANLEY BANK INTERNATIONAL LIMITED as Mandated Lead Arrangers with DEUTSCHE BANK...Facilities Agreement • July 11th, 2012 • Linde AG • Services-misc health & allied services, nec
LINCARE HOLDINGS INC.Linde AG • July 11th, 2012 • Services-misc health & allied services, nec
As you are aware, Linde AG (“Linde” or “you”) and Lincare Holdings Inc. (the “Company”) entered in a letter agreement, dated April 15, 2011 (the “Agreement”), regarding the potential negotiated acquisition of the Company. You and the Company agree that such Agreement, with the modifications set forth below, will continue to apply to our discussions regarding a Potential Transaction and all Confidential Facts. Terms that are used, but not defined, herein shall have the meanings set forth in the Agreement.
