19. Financial Instruments

As a global supplier of dialysis services and products in more than 120 countries throughout the world, the Company is faced with a concentration of credit risks due to the nature of the reimbursement systems which are often provided by the governments of the countries in which the Company operates. Changes in reimbursement rates or the scope of coverage could have a material adverse effect on the Company’s business, financial condition and results of operations and thus on its capacity to generate cash flow. In the past we experienced and, after the implementation of the new bundled reimbursement system in the U.S., also expect in the future generally stable reimbursements for our dialysis services. This includes the balancing of unfavorable reimbursement changes in certain countries with favorable changes in other countries. Due to the fact that a large portion of the Company’s reimbursement is provided by public health care organizations and private insurers, the Company expects that most of its accounts receivables will be collectable, albeit somewhat more slowly in the International segment in the immediate future, particularly in countries which continue to be severely affected by the global financial crisis.

Non-derivative financial instruments

The following table presents the carrying amounts and fair values of the Company’s non-derivative financial instruments at December 31, 2010, and December 31, 2009.

Carrying Amount and Fair Value


of Non-derivative Financial Instruments


in $ THOUS,
December 31
         
           
   
2010
2009
   
Carrying amount
Fair value
Carrying amount
Fair value
Assets          
Cash and cash equivalents 522,870 522,870 301,225 301,225
Accounts receivable   2,687,234 2,687,234 2,558,795 2,558,795
           
Liabilities          
Accounts payable 542,524 542,524 639,836 639,836
Short-term borrowings 670,671 670,671 316,344 316,344
Short-term borrowings from related parties 9,683 9,683 10,440 10,440
Long term debt, excluding amended 2006 Senior Credit Agreement, Euro Notes and Senior Notes 528,082 528,082 282,051 282,051
Amended 2006 Senior Credit Agreement 2,953,890 2,937,504 3,522,040 3,429,470
Euro Notes 267,240 276,756 288,120 299,621
Senior Notes 824,446 880,366 493,344 498,750
Trust preferred securities 625,549 643,828 656,096 688,026
Noncontrolling interests subject to put provisions 279,709 279,709 231,303 231,303

The carrying amounts in the table are included in the consolidated balance sheet under the indicated captions or in the case of long-term debt, as noted in the captions shown  in Note 9.

The significant methods and assumptions used in estimating the fair values of non-derivative financial instruments are as follows:

Cash and cash equivalents are stated at nominal value which equals the fair value.

Short-term financial instruments such as accounts receivable, accounts payable and short-term borrowings are valued at their carrying amounts, which are reasonable estimates of the fair value due to the relatively short period to maturity of these instruments.

The fair values of the major long-term financial liabilities are calculated on the basis of market information. Instruments for which market quotes are available are measured using these quotes. The fair values of the other long-term financial liabilities are calculated at the present value of the respective future cash flows. To determine these present values, the prevailing interest rates and credit spreads for the Company as of the balance sheet date are used.

The valuation of the noncontrolling interests subject to put provisions is determined using significant unobservable inputs (Level 3). For a discussion of the Company’s methodology for estimating the fair value of these noncontrolling interests subject to put obligations  see Note 12.

The credit risk exposure related to the company’s financing receivables is insignificant and any impact on our operating results from allowances on credit losses of financing receivables can be considered immaterial.

Derivative financial instruments

The Company is exposed to market risk from changes in interest rates and foreign exchange rates. In order to manage the risk of interest rate and currency exchange rate fluctuations, the Company enters into various hedging transactions by means of derivative instruments with highly rated financial institutions as authorized by the Company’s General Partner. On a quarterly basis the Company performs an assessment of its counterparty credit risk. The Company currently considers this risk to be low. The Company’s policy, which has been consistently followed, is that financial derivatives be used only for the purpose of hedging foreign currency and interest rate exposure.

In certain instances, the Company enters into derivative contracts that do not qualify for hedge accounting but are utilized for economic purposes (economic hedges). The Company does not use financial instruments for trading purposes.

The Company established guidelines for risk assessment procedures and controls for the use of financial instruments. They include a clear segregation of duties with regard to execution on one side and administration, accounting and controlling on the other.

Foreign exchange risk management

The Company conducts business on a global basis in various currencies, though its operations are mainly in Germany and the United States. For financial reporting purposes, the Company has chosen the U.S. dollar as its reporting currency. Therefore, changes in the rate of exchange between the U.S. dollar and the local currencies in which the financial statements of the Company’s international operations are maintained affect its results of operations and financial position as reported in its consolidated financial statements.

The Company’s exposure to market risk for changes in foreign exchange rates relates to transactions such as sales and purchases. The Company has significant amounts of sales of products invoiced in euro from its European manufacturing facilities to its other international operations and, to a lesser extent, sales of products invoiced in other non-functional currencies. This exposes the subsidiaries to fluctuations in the rate of exchange between the euro and the currency in which their local operations are conducted. For the purpose of hedging existing and foreseeable foreign exchange transaction exposures the Company enters into foreign exchange forward contracts and, on a small scale, foreign exchange options. As of December 31, 2010 the Company had no foreign exchange options.

Changes in the fair value of the effective portion of foreign exchange forward contracts designated and qualifying as cash flow hedges of forecasted product purchases and sales are reported in accumulated other comprehensive income (loss) (AOCI). Additionally, in connection with intercompany loans in foreign currency, the Company uses foreign exchange swaps thus assuring that no foreign exchange risks arise from those loans, which, if they qualify for cash flow hedge accounting, are also reported in AOCI. These amounts recorded in AOCI are subsequently reclassified into earnings as a component of cost of revenues for those contracts that hedge product purchases or SG & A for those contracts that hedge loans, in the same period in which the hedged transaction affects earnings. The notional amounts of foreign exchange contracts in place that are designated and qualify as cash flow hedges totaled $1,026,937 and $1,076,217 at December 31, 2010 and December 31, 2009, respectively.

The Company also enters into derivative contracts for forecasted product purchases and sales and for intercompany loans in foreign currency that do not qualify for hedge accounting but are utilized for economic hedges as defined above. In these cases, the change in value of the economic hedge is recorded in the income statement and usually offsets the change in value recorded in the income statement for the underlying asset or liability. The notional amounts of economic hedges that do not qualify for hedge accounting totaled $1,607,312 and $750,812 at December 31, 2010 and December 31, 2009, respectively.

Interest rate risk management

The Company enters into derivatives, particularly interest rate swaps and to a certain extent, interest rate options, to protect against the risk of changes in interest rates. These interest rate derivatives are designated as cash flow hedges. The majority of the interest rate swap agreements effectively convert the major part of payments based on variable interest rates applicable to the Company’s Amended 2006 Senior Credit Agreement denominated in US dollars into payments at a fixed interest rate. The remaining interest rate swaps have been entered into in anticipation of future debt issuances. The swap agreements, all of which expire at various dates in 2011 and 2012, bear an average interest rate of 4.26%. Interest payable and receivable under the swap agreements is accrued and recorded as an adjustment to interest expense.

As of December 31, 2010 and 2009, the notional amounts of interest rate swaps in place were $3,175,000 and $2,400,000, respectively.

Derivative financial instruments valuation

The following table shows the Company’s derivatives at December 31, 2010 and December 31, 2009.

Derivative Financial Instruments Valuation


in $ THOUS,
December 31
 
         
 
2010
2009
 
Assets2
Liabilities2
Assets2
Liabilities2
1As of December 31, 2010 and December 31, 2009 the valuation of the Company’s derivatives was determined using Significant Other Observable Inputs (Level 2) in accordance with the fair value hierarchy levels established in the codification. 2Derivative instruments are marked to market each reporting period resulting in carrying amounts being equal to fair values at the reporting date.
Derivatives in cash flow hedging relationships1        
Current        
Foreign exchange contracts 3,703 (51,816) 8,899 (9,251)
Interest rate contracts (51,604) (305)
Interest rate contracts (0)
         
Non-current        
Foreign exchange contracts 810 (486) 5,284 (830)
Interest rate contracts (73,221) (105,810)
Interest rate contracts (3)

TOTAL

4,513 (177,127) 14,183 (116,199)
         
Derivatives not designated as hedging instruments1        
Current        
Foreign exchange contracts 3,517 (20,751) 7,696 (6,217)
         
Non-current        
Foreign exchange contracts 509 (213) 9

TOTAL

4,026 (20,964) 7,705 (6,217)

The carrying amounts for the current portion of derivatives indicated as assets in the table above are included in Prepaid expenses and other current assets in the Consolidated Balance Sheets while the current portion of those indicated as liabilities are included in Accrued expenses and other current liabilities. The non-current portions indicated as assets or liabilities are included in the consolidated balance sheets in other assets or other liabilities, respectively.

The significant methods and assumptions used in estimating the fair values of derivative financial instruments are as follows:

The fair value of interest rate swaps is calculated by discounting the future cash flows on the basis of the market interest rates applicable for the remaining term of the contract as of the balance sheet date. To determine the fair value of foreign exchange forward contracts, the contracted forward rate is compared to the current forward rate for the remaining term of the contract as of the balance sheet date. The result is then discounted on the basis of the market interest rates prevailing at the balance sheet date for the applicable currency.

The Company includes its own credit risk for financial instruments deemed liabilities and counterparty-credit risks for financial instruments deemed assets when measuring the fair value of derivative financial instruments.

The Effect of Derivatives on the Consolidated Financial Statements


in $ THOUS
         
           
 
Amount of gain or (loss) recognized in OCI on derivatives (effective portion) for the year ended December 31
Location of (gain) or loss reclassified from AOCI in income (effective portion)
Amount of (gain) or loss reclassified from AOCI in income (effective portion) for the year ended December 31
 
2010
2009
 
2010
2009
Derivatives in cash flow hedging relationships          
Interest rate contracts (18,710) 42,832 Interest income/expense (33)
Interest rate contracts 2 6 Interest income/expense
Foreign exchange contracts 3,046 (6,785) Costs of revenue 7,553 (5,938)

TOTAL

(15,662) 36,053   7,553 (5,971)

The Effect of Derivatives on the Consolidated Financial Statements


in $ THOUS
 
       
 
Location of (gain) or loss recognized in income on derivative
Amount of (gain) or loss recognized in income on derivatives for the year ended December 31
   
2010
2009
Derivatives not designated as hedging instruments      
Foreign exchange contracts Selling, general and administrative expense 72,454 (3,309)
Foreign exchange contracts Interest income/ expense (8,622) 3,883

TOTAL

  63,832 574

For foreign exchange derivatives, the Company expects to recognize $3,745 of losses deferred in accumulated other comprehensive income at December 31, 2010, in earnings during the next twelve months.

The Company expects to incur additional interest expense of $63,812 over the next twelve months which is currently deferred in accumulated other comprehensive income. This amount reflects the current fair value at December 31, 2010, of expected additional interest payments resulting from interest rate swaps entered into to reduce the volatility of interest payments for certain parts of the Amended 2006 Credit Agreement and for future debt issuances.

As of December 31, 2010, the Company had foreign exchange derivatives with maturities of up to 59 months and interest rate swaps with maturities of up to 20 months.

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