Form 6-K Fresenius Medical Care For: Oct 30

 

SECURITIES AND EXCHANGE COMMISSION

 

Washington, D.C. 20549

 

FORM 6-K

 

REPORT OF FOREIGN PRIVATE ISSUER

 

Pursuant to Rule 13a-16 or 15d-16 of the

Securities Exchange Act of 1934

For the month of October 2022

Commission file number: 001-32749

 

FRESENIUS MEDICAL CARE AG & Co. KGaA

(Translation of registrant's name into English)

 

Else-Kröner Strasse 1

61346 Bad Homburg

Germany

(Address of principal executive offices)

 

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

 

        Form 20-F  x         Form 40-F ¨

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ¨

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ¨

 

 

On October 30, 2022, Fresenius Medical Care AG & Co. KGaA (the “Company”) issued an ad-hoc announcement according to article 17 (1) of the European Market Abuse Regulation as well as a Press Release announcing its third quarter results for the period ending September 30, 2022. A copy of the ad-hoc notification is furnished as Exhibit 99.1, the Press Release is furnished as Exhibit 99.2 and the corresponding financial figures as Exhibit 99.3.

 

The attached Press Release contains non-GAAP financial measures. For purposes of Regulation G, a non-GAAP financial measure is a numerical measure of a company’s performance, financial position, or cash flows that either excludes or includes amounts that are not normally excluded or included in the most directly comparable measure calculated and presented in accordance with generally accepted accounting principles. To supplement our third quarter 2022 consolidated financial results presented in accordance with International Financial Reporting Standards, or IFRS, we have used non-GAAP financial measures, including (a) EBITDA, or operating income excluding interest, taxes, depreciation and amortization, (b) free cash flow, (c) net leverage ratio (ratio of net debt to adjusted EBITDA) and (d) results presented in constant currency. These non-GAAP measures are provided to enhance the user’s overall understanding of our current financial performance and our prospects for the future. In addition, because we have historically reported certain non-GAAP financial measures in our financial results, we believe the inclusion of these non-IFRS financial measures provides consistency and comparability in our financial reporting to prior periods for which these non-GAAP financial measures were previously reported. These non-GAAP financial measures should not be used as a substitute for or be considered superior to GAAP financial measures. Reconciliation of the non-GAAP financial measures EBITDA, Adjusted EBITDA, Net Leverage Ratio and Free Cash Flow to the most comparable IFRS financial measures are included in the attached Financial Statements. As the reconciliation of amounts stated in Constant Currency is inherent in the disclosure included in the Press Release, we believe that a separate reconciliation would not provide any additional benefit.

 

The Exhibits attached hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities and Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall they be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, regardless of any general incorporation language in such filing.

 

EXHIBITS

 

The following exhibits are being furnished with this Report:

 

Exhibit 99.1

Ad-hoc release issued on October 30, 2022.

 

Exhibit 99.2

Press release issued on October 30, 2022.

 

Exhibit 99.3

Complete overview of the third quarter 2022 and first nine months 2022.

 

The disclaimer included in Exhibit 99.2 is an integral part of this report, including the exhibits furnished herewith.

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

DATE: October 30, 2022

 

	Fresenius Medical Care AG & Co. KGaA, a partnership limited by shares, represented by:
	fresenius medical care management ag, its General Partner
	By:	/s/ Helen Giza
	Name:	Helen Giza
	Title:	Deputy Chief Executive Officer, Chief Financial Officer and member of the Management Board of the General Partner
	By:	/s/ Rice Powell
	Name:	Rice Powell
	Title:	Member of the Management Board of the General Partner

 

 

ATTACHMENTS / EXHIBITS

EXHIBIT 99.1

EXHIBIT 99.2

EXHIBIT 99.3

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