-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SwKpoMVj++ooU6dtE6gDPm7cS/XU40giovRj8Hm9YT8Hr9MLngoiSOIa49SNhOs7 2jMcvB33zwiR+KFVd8e+dg== 0000896415-96-000024.txt : 19960222 0000896415-96-000024.hdr.sgml : 19960222 ACCESSION NUMBER: 0000896415-96-000024 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19960205 ITEM INFORMATION: Other events FILED AS OF DATE: 19960221 SROS: AMEX FILER: COMPANY DATA: COMPANY CONFORMED NAME: FRESENIUS USA INC CENTRAL INDEX KEY: 0000320185 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 042550576 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08350 FILM NUMBER: 96523495 BUSINESS ADDRESS: STREET 1: 2637 SHADELANDS DRIVE CITY: WALNUT CREEK STATE: CA ZIP: 94598 BUSINESS PHONE: 5102950200 MAIL ADDRESS: STREET 1: 2637 SHADELAND DRIVE CITY: WALNUT CREEK STATE: CA ZIP: 94598 FORMER COMPANY: FORMER CONFORMED NAME: DELMED INC DATE OF NAME CHANGE: 19920102 8-K 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of Earliest Event Reported): February 5, 1996 Fresenius USA, Inc. (Exact name of registrant as specified in its charter) Massachusetts 1-8350 04-2550576 (State or other (Commission (I.R.S Employer jurisdiction of File Number) Identification incorporation) Number) 2637 Shadelands Drive Walnut Creek, California 94598 (Address of Principal Executive Offices)(Zip Code) Registrants' telephone number, including area code: (510) 295-0200 Page 1 of 3 pages Item 5. Other Events Fresenius USA, Inc. (the "Registrant") announced on February 5, 1996 that Fresenius AG, the beneficial owner of approximately 71% of the outstanding common stock of the Registrant, had entered into a definitive agreement (the "Agreement") with W.R. Grace & Co. ("Grace") to combine Fresenius AG's worldwide dialysis business, including the Registrant, with Grace's National Medical Care, Inc. to create a fully integrated dialysis company. The Agreement provides that an aggregate of 55.2% of the shares of the combined company, to be called Fresenius Medical Care, will be issued to Fresenius AG and the Registrants' public shareholders, provided that Fresenius AG must retain at least 51% of the shares of the combined company, and that Grace shareholders will acquire the remaining 44.8%. Fresenius AG advised the Registrant that Fresenius AG had agreed with Grace that the Registrant would become a wholly-owned subsidiary of Fresenius Medical Care and that, when the economic terms of the Registrant's participation in the transaction have been established, Fresenius AG will vote its shares of the Registrant in favor of the transaction. Fresenius AG has informed the Registrant that Fresenius Medical Care will be a publicly held company listed on the New York and Frankfurt Stock Exchanges, with its shares trading in the United States as American Depository Reciepts (ADRs). Fresenius AG has informed the Registrant that pro forma 1995 revenues for the new company are $3 billion, and pretax cash flow is in excess of $600 million. Fresenius AG has proposed that 3.8% of the Fresenius Medical Care shares outstanding after the closing (on a fully diluted basis), or .77 of a share of Fresenius Medical Care per share of the Registrant, be allocated to the Registrant's public shareholders. The Registrant's Board of Directors has formed a special committee of independent directors to study and negotiate the economic terms of the transaction on behalf of the Registrant's public stockholders. The committee has retained counsel and an independent investment banker to advise the committee. Page 2 of 3 pages SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Fresenius USA, Inc. By: /s/ Ben J. Lipps Ben J. Lipps Chief Executive Officer Date: February 20, 1996 Page 3 of 3 pages -----END PRIVACY-ENHANCED MESSAGE-----