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startingboy

03/20/10 2:04 AM

#142 RE: startingboy #141

they got big support from Fresenius so i think is all good, Sources of Financing and Capital Requirements

Prior to the Merger, our predecessor had historically financed its operations primarily through cash flow from operations and borrowings under lines of credit. Fresenius, our ultimate parent, provided the capital to expand our business through the acquisition of APP, and has committed to the Company that it will provide financial support sufficient for it to satisfy its obligations and debt service requirements arising under all existing financing instruments that were entered into in connection with the Merger, and to which the Company is a party, as they come due until at least January 1, 2011
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startingboy

03/20/10 2:13 AM

#143 RE: startingboy #141

correction they have to exceeds $1.267 billion

The CVRs

In connection with the Merger, each APP shareholder was issued one contingent value right of FKP Holdings. The CVRs are intended to give holders an opportunity to participate in any excess Adjusted EBITDA, as defined in the CVR Indenture, generated during the three years ending December 31, 2010, referred to as the “CVR measuring period,” in excess of a threshold amount. Each CVR represents the right to receive a pro rata portion of an amount equal to 2.5 times the amount by which cumulative Adjusted EBITDA of APP and FKP Holdings and their subsidiaries on a consolidated basis, exceeds $1.267 billion for the three years ending December 31, 2010. The maximum amount payable under the CVR Indenture is $6.00 per CVR