CREDIT AGREEMENT Dated as of June 24, 2014 among DaVita HealthCare Partners Inc., as Borrower, The Guarantors Party Hereto, The Lenders Party Hereto, and JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent Barclays Bank PLC, and...Credit Agreement • August 1st, 2014 • Davita Healthcare Partners Inc. • Services-misc health & allied services, nec • New York
This CREDIT AGREEMENT, dated as of June 24, 2014 (as may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among DaVita HealthCare Partners Inc., a Delaware corporation (the “Borrower”), the Guarantors (as defined in Section 1.1) party hereto, the several banks and other financial institutions or entities from time to time lenders under this Agreement (the “Lenders”), Bank of America, N.A., Credit Suisse AG, Goldman Sachs Bank USA, JPMorgan Chase Bank, N.A., Morgan Stanley Senior Funding, Inc. and SunTrust Bank, as co-documentation agents (in such capacity, the “Documentation Agents”), Barclays Bank PLC and Wells Fargo Bank, National Association, as co-syndication agents (in such capacity, the “Syndication Agents”), and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent.
ContractSupplemental Indenture • August 1st, 2014 • Davita Healthcare Partners Inc. • Services-misc health & allied services, nec • New York
SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”) dated as of June 13, 2014 among DaVita HealthCare Partners Inc., a Delaware corporation (the “Company”), each of the entities listed on the signature pages hereto under the caption “Current Subsidiary Guarantors” (each, a “Current Guarantor” and, collectively, the “Current Guarantors”), each of the entities listed on the signature pages hereof under the caption “Additional Guarantors” (each, an “Additional Guarantor” and, collectively, the “Additional Guarantors”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • August 1st, 2014 • Davita Healthcare Partners Inc. • Services-misc health & allied services, nec • New York
THIS THIRD SUPPLEMENTAL INDENTURE (the “Supplemental Indenture”) dated as of the 17th day of June 2014, among DaVita HealthCare Partners Inc. (formerly DaVita Inc.), a Delaware corporation (the “Company”), the Guarantors named herein (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”), amends and supplements (x) the Indenture dated as of October 20, 2010 among the Company, the Guarantors named therein and the Trustee (the “Original Indenture”) with respect to the Company’s 6 3/8% Senior Notes due 2018 (the “Notes”), as amended and supplemented by that certain First Supplemental Indenture dated as of November 1, 2012 among the Company, the Guarantors named therein and the Trustee and that certain Second Supplemental Indenture dated as of June 13, 2014 among the Company, the Guarantors and the Trustee and (y) the Notes.
