definiens: ) . Defined terms not capitalized hereln have the meaning given tothem in the IO - QJNOTE 5 . COMMITMENTS AND CONTINGENCIESContingent Non - NMC Liabililies of Gnce New York ( Now Known as FreseniusMedical Cara Holdings, lnc.)ln connection with the Merger, Grace Chernicals has agreed to indemniff theCompany and NMG against all liabilities of the Company and its successors, whetherrelating to events occurring before or after the Morger, other than liabilities arising fromor relating to NMC operations . Afier the Merger the Cornpany will remain contingendyiiabie for ceriain liabilities wlth i'especi to pre - Merger matters that are not related to NMCoperations . The Company believes that in view of the nature of the non - NMC liabilitiesand the expected impact of the Merger on Grace Chemicals ' linancial position, the riskof significant loss from non - NMC liabilities is remote