Amendments to TAA Clause Samples
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Amendments to TAA. As of the Effective Date (as defined below), subject to the conditions precedent set forth in Section 2 of this Amendment, the TAA is hereby amended as follows:
Amendments to TAA. Effective as of the Effective Date (as defined below), the TAA is amended as follows:
1.1 Section 1.1 of the TAA is amended to add the following definition in appropriate alphabetical order:
Amendments to TAA. Subject to the conditions precedent set forth in Section 2 below and effective as of the Effective Date (also as defined below), the TAA is hereby amended as follows:
1.1 The definition of “Commitment Termination Date” in Section 1.1 of the TAA is amended change the date set forth therein from “October 15, 2009” to “January 15, 2010.”
Amendments to TAA. Effective as of the Effective Date (as defined below), the TAA is amended as follows:
1.1 Clause (a) of the definition of "Concentration Factor" in Section 1.1 of the TAA is amended in its entirety to read as follows:
Amendments to TAA. Effective as of the Effective Date (as defined below), the TAA is amended as follows:
1.1 The definition of “Commitment Termination Date” in Section 1.1 of the TAA is amended to change the date set forth therein from “October 20, 2005” to “October 19, 2006.”
1.2 The definition of “FMCAG” in Section 1.1 of the TAA is amended to read as follows: “‘FMCAG’ means Fresenius Medical Care AG, a corporation organized and existing under the laws of the Federal Republic of Germany, including such entity after its transformation into a KGaA (Kommanditgesellschaft auf Aktien), and its successors and permitted assigns.”
1.3 The definition of “FMCAG Bank Revolver” in Section 1.1 is deleted in its entirety.
1.4 Each reference in the TAA to “FMCAG Bank Revolver” is deleted and replaced by a reference to “FMCAG Credit Facility.”
1.5 The following new definition is added to Section 1.1 of the TAA in appropriate alphabetical order:
Amendments to TAA. Subject to the conditions precedent set forth in Section 3 below and effective as of the Effective Date (also as defined below), the TAA is hereby amended as follows:
1.1 The definition of “Commitment Termination Date” in Section 1.1 of the TAA is amended change the date set forth therein from “October 18, 2007” to “October 16, 2008.”
1.2 The definition of “Termination Date” in Section 1.1 of the TAA is amended to change the date set forth in clause (v) thereof from “October 18, 2007” to “October 16, 2008.”
Amendments to TAA. Subject to the conditions precedent set forth in Section 3 below and effective as of the Effective Date (also as defined below), the TAA is hereby amended as follows:
1.1 Exhibit Q to the TAA is amended to delete the entities specified below from the list of Transferring Affiliates; provided that each such entity shall continue to be a “Transferring Affiliate” with respect to any Receivables that arose prior to the date hereof. Terminated Transferring Affiliates: Angleton Dialysis, Inc. Arizona Renal Investments, LLC Bio-Medical Applications Home Dialysis Services, Inc Bio-Medical Applications of Glendora, Inc. Bio-Medical Applications of Hoboken, Inc. Bio-Medical Applications of Idaho, LLC Bio-Medical Applications of Las Americas, Inc. Brazoria Kidney Center, Inc. Cartersville Dialysis Center, LLC ▇▇▇▇ County Dialysis, LLC Con-Med Supply Company, Inc. ▇▇▇▇▇▇▇▇▇ Dialysis Center, LLC Diabetes Care Group, Inc. Dialysis America Alabama, LLC Dialysis Licensing Corp. Everest Management, Inc. FMS New York, Inc. Fresenius USA Home Dialysis, Inc. Home Intensive Care, Inc. Mercy Dialysis Center, Inc. Naples Dialysis Center, LLC Neomedica, Inc. New York Dialysis Management, Inc. NNA of Memphis, LLC NNA Properties of Tennessee, Inc. NNA Transportation Services Corporation Northwest Dialysis, Inc. RCG Arlington Heights, LLC RCG Credit Corporation RCG Finance, Inc. RCG ▇▇▇▇▇▇, LLC RCG PA Merger Corp. RCG Whitehaven, LLC RCG/Saint Luke’s LLC RCGIH, Inc. Renal Care Group Central Memphis, LLC RenalNet, Inc. RenalPartners of Indiana, LLC Renex Dialysis Clinic of Amesbury, Inc. Renex Dialysis Clinic of North Andover, Inc. Renex Dialysis Clinic of Penn Hills, Inc. Renex Dialysis Clinic of Shaler, Inc. Renex Dialysis Homecare of Greater St. Louis, Inc. Renex Management Services, Inc.
1.2 Exhibit Q to the TAA is further amended to add the entities specified below to the list of Transferring Affiliates. New Transferring Affiliates: Fresenius Medical Care Apheresis Services, LLC Fresenius Vascular Care, Inc. (f/k/a National Vascular Care, Inc.) Health IT Services Group, LLC New York Dialysis Services, Inc. RCG Robstown, LLP Saint Louis Renal Care, LLC An updated Exhibit Q, reflecting all the foregoing deletions and additions, is attached to this Amendment as Exhibit A.