Report of Foreign Issuer Pursuant to Rule 13a-16 or 15d-16 (6-k)
February 23 2021 - 6:07AM
Edgar (US Regulatory)
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
February 2020
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): ¨
Indicate by check mark
whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to
the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes
¨ No x
If "Yes"
is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82
On February 23,
2021, Fresenius Medical Care AG & Co. KGaA (the “Company”) issued a Press Release announcing its fourth quarter
and fiscal year 2020 results. A copy of the Press Release is furnished as Exhibit 99.1 and the corresponding financial figures
as Exhibit 99.2.
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 fourth quarter and fiscal year 2020 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) delivered operating income (earnings before interest and taxes),
(c) free cash flow, (d) net leverage ratio (ratio of net debt to adjusted EBITDA) and (e) 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 to the most comparable IFRS financial measures are included in the attached Press Release in a separate statement
setting forth the reconciliation and in the Cash Flow Statement.
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.
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: February 23, 2021
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Fresenius
Medical Care AG & Co.
KGaA,
a partnership limited by shares, represented by:
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fresenius medical
care management ag, its
General Partner
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By:
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/s/ Rice Powell
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Name: Rice Powell
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Title: Chief Executive Officer and
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Chairman of the
Management Board of the General Partner
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By:
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/s/ Helen Giza
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Name: Helen Giza
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Title: Chief Financial Officer and
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Member of the Management Board of the General Partner
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