Danaher 2009 Annual Report Download - page 322

2.2 
If any Issuer and any Dealer shall agree on the terms of the subscription of any Note by any Dealer (including agreement with respect to the issue date,
maturity date, currency, denomination, yield, redemption basis, aggregate nominal amount and purchase price), then:
2.2.1 Instruction to Issuing and Paying Agent: such Issuer shall instruct the Issuing and Paying Agent to issue such Note and deliver it in accordance
with the terms of the Agency Agreement;
2.2.2 Payment of purchase price: such Dealer shall subscribe such Note on the date of issue:
(a) Dollar Note: in the case of a Dollar Note, by transfer of funds settled through the New York Clearing House Interbank Payments System
(or such other same-day value funds as at the time shall be customary for the settlement in New York City of international banking
transactions denominated in Dollars) to such account of the Issuing and Paying Agent in New York City denominated in Dollars as the
Issuing and Paying Agent shall have specified for this purpose; or
(b) Euro Note: in the case of a Euro Note, by transfer of funds settled through the Trans-European Automated Real-Time Gross Settlement
Express Transfer (TARGET) System to such account of the Issuing and Paying Agent denominated in Euro as the Issuing and Paying
Agent shall have specified for this purpose; or
(c) Other Notes: in all other cases, by transfer of freely transferable same-day funds in the relevant currency to such account of the Issuing
and Paying Agent at such bank in the principal domestic financial centre for such currency as the Issuing and Paying Agent shall have
specified for this purpose,
or, in each case, by such other form of transfer as may be agreed between such Dealer and such Issuer; and
2.2.3 Delivery Instructions: the relevant Dealer shall notify the Relevant Issuer and the Issuing and Paying Agent of the payment and delivery
instructions applicable to such Note in accordance with prevailing market practice and in sufficient time to enable the Issuing and Paying Agent to
deliver such Note (or, in the case of any Sterling Definitive Note, make the same available for collection) on its issue date.
2.3 
If for any reason (including, without limitation, the failure of the relevant trade) a Note agreed to be purchased pursuant to Clause 2.1 is not to be
issued, each of the Relevant Issuer and the relevant Dealer shall immediately notify the Issuing and Paying Agent thereof.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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