Danaher 2009 Annual Report Download - page 120

“Alternative Currency Equivalent” means, at any time, with respect to any amount denominated in Dollars, the equivalent amount thereof in the applicable
Alternative Currency as determined by the Administrative Agent at such time on the basis of the Spot Rate (determined in respect of the most recent Revaluation
Date) for the purchase of such Alternative Currency with Dollars.
“Alternative Currency Sublimit” means, on any date of determination, an amount equal to the difference between (a) 90% of the Aggregate Commitments on
such date and (b) the Outstanding Amount of Bid Loans denominated in a Requested Currency on such date. The Alternative Currency Sublimit is part of,
and not in addition to, the Aggregate Commitments.
“Applicable Foreign Obligor Documents ” has the meaning specified in Section 5.15.
“Applicable Rate” means, from time to time, the following percentages per annum, based upon the Debt Rating as set forth below:
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

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
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
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1  AA-/Aa3 00.040% 00.135% 00.050%
2  A+/A1 00.050% 00.150% 00.050%
3  A/A2 00.065% 00.185% 00.050%
4  A-/A3 00.075% 00.225% 00.050%
5 < BBB+/Baa1 00.100% 00.300% 00.100%
“Debt Rating” means, as of any date of determination, the rating as determined by either S&P or Moody’s (collectively, the “ Debt Ratings”) of the Company’s
non-credit-enhanced, senior unsecured long-term debt; provided that if a Debt Rating is issued by each of the foregoing rating agencies, then the higher of such
Debt Ratings shall apply (with the Debt Rating for Pricing Level 1 being the highest and the Debt Rating for Pricing Level 6 being the lowest), unless there is a
split in Debt Ratings of more than one level, in which case the Pricing Level that is one level higher than the Pricing Level of the lower Debt Rating shall apply.
Initially, the Applicable Rate shall be determined based upon the Debt Rating specified in the certificate delivered pursuant to Section 4.01(a)(vi). Thereafter,
each change in the Applicable Rate resulting from a publicly announced change in the Debt Rating shall be effective, in the case of an upgrade, during the
period commencing on the date of delivery by the Company to the Administrative Agent of notice thereof pursuant to Section 6.03(e) and ending on the date
immediately preceding the effective date of the next such change and, in the case of a downgrade, during the period commencing on the date of the public
announcement thereof and ending on the date immediately preceding the effective date of the next such change.
“Applicable Time” means, with respect to (a) any borrowings and payments related to Committed Loans denominated in any Alternative Currency, the local
time in the place of settlement for such Alternative Currency as may be determined by the Administrative Agent to be necessary for timely settlement on the
relevant date in accordance with normal banking procedures in the place of payment and (b) any borrowings and payments related to the Bid Loans made by a
Lender in any Alternative Currency or any Requested Currency, the local time in the place of settlement for such Alternative Currency or Requested Currency,
as the case may be, as may be determined by such Lender to be necessary for timely settlement on the relevant date in accordance with normal banking
procedures in the place of payment.
“Applicant Borrower” has the meaning specified in Section 2.14.
2
Credit Agreement
Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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