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Miscellaneous

In the fiscal year 2012, no loans or advance payments of future compensation components were made to members of the Management Board of Fresenius Management SE.

To the extent permitted by law, Fresenius SE & Co. KGaA undertook to indemnify the members of the Management Board from claims against them arising out of their work for the Company and its affiliates, if such claims exceed their liability under German law. To secure such obligations, the Company concluded a Directors’ & Officers’ insurance carrying a deductible, which complies with the requirements of the German Stock Corporation Act. The indemnity applies for the time in which each member of the Management Board is in office and for claims in this connection after the termination of the membership of the Management Board in each case.

Based on pension commitments to former members of the Management Board, €778 thousand were paid in the fiscal year 2012 (2011: €776 thousand). The benefit obligation for these persons amounted to €11,310 thousand in 2012 (2011: €10,513 thousand).

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