Report of Foreign Issuer Pursuant to Rule 13a-16 or 15d-16 (6-k)
May 06 2021 - 6:08AM
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 May 2021
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 May 6, 2021, Fresenius
Medical Care AG & Co. KGaA (the “Company”) issued a Press Release announcing its first quarter results for the period
ending March 31, 2021. 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 first quarter 2021 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 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.
EXHIBITS
The following exhibits are being
furnished with this Report:
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: May 6, 2021
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Fresenius Medical Care AG & Co. KGaA,
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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:
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Rice Powell
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Title:
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Chief Executive Officer and 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:
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Helen Giza
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Title:
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Chief Financial Officer and Member of the Management Board of the General Partner
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