Business Context and Reporting Period
Company: Fresenius Medical Care AG & Co. KGaA
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: November 4, 2008
Reporting Period: Third Quarter 2008
This filing serves as a cover document announcing the issuance of an Investor News release regarding the Company's third-quarter 2008 earnings results. The detailed financial data is contained in Exhibit 99.1, which is not included in the text of this Form 6-K.
Key Financial Metrics
The filing text does not provide specific numerical values for revenue, profit, cash flow, margins, debt, or liquidity. The document explicitly states that the attached Investor News (Exhibit 99.1) contains the consolidated financial results.
The Company utilizes the following non-GAAP financial measures to supplement GAAP reporting:
- EBITDA: Operating income excluding interest, taxes, depreciation, and amortization.
- Free Cash Flow: A measure of cash generation.
Reconciliations between these non-GAAP measures and the most comparable GAAP measures are located in the attached Investor News and the Cash Flow Statement.
Material Changes
The filing text does not disclose specific material changes, variances, or year-over-year comparisons for the third quarter of 2008. Such details are referenced as being contained within the attached Investor News release.
Guidance, Outlook, and Risks
Management Commentary: Management states that the inclusion of non-GAAP measures is intended to enhance the user's understanding of current financial performance and future prospects, while ensuring consistency with prior period reporting.
Regulatory Note: The Company emphasizes that non-GAAP measures should not be used as a substitute for or considered superior to GAAP financial measures.
Legal Status of Exhibit: The attached Investor News (Exhibit 99.1) is not deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 and is not subject to the liabilities of that section. It shall not be deemed incorporated by reference in any other filing.
Investor Verification Checklist
- Verify the specific revenue, net income, and EBITDA figures in the attached Investor News (Exhibit 99.1), as they are absent from this Form 6-K text.
- Review the reconciliation tables in the attached exhibit to understand the adjustments made to derive non-GAAP EBITDA and Free Cash Flow.
- Confirm the Company's liquidity position and debt levels by examining the full financial statements referenced in the exhibit.
- Note that the attached exhibit is not legally "filed" under the Exchange Act and carries different liability implications than the Form 6-K itself.