Danaher 2009 Annual Report Download - page 323

2.4 
The parties acknowledge that Notes issued under the Programme may be denominated in Dollars or, subject as provided below, in any other currency.
Any agreement reached pursuant to Clause 2.1 to sell and purchase a Note denominated in a currency other than Dollars shall be conditional upon:
2.4.1 Compliance: it being lawful and in compliance with all requirements of any relevant central bank and any other relevant fiscal, monetary,
regulatory or other authority, for deposits to be made in such currency and for such Note to be issued, offered for sale, sold and delivered;
2.4.2 Convertibility: such other currency being freely transferable and freely convertible into Dollars; and
2.4.3 Amendments: any appropriate amendments which the Dealers, the Issuers or the Issuing and Paying Agent shall require having been made to this
Agreement and/or the Agency Agreement.
2.5 
The Issuers shall ensure that the outstanding nominal amount of all Notes issued under the Programme, when taken together with the aggregate principal
amount outstanding from time to time under the USCP Program, does not exceed the Maximum Amount. For the purposes of calculating the Maximum
Amount, the nominal amount of any outstanding Note or Notes denominated in any currency other than Dollars shall be taken as the Dollar Equivalent
of such nominal amount as at the date of the agreement for the issue of the Note or Notes then to be issued provided that in calculating the nominal
amount of Notes outstanding on the date of issue of such Note or Notes there shall be disregarded Notes which mature on that date. The Issuers may
increase the Maximum Amount by giving at least ten days’ notice by letter, substantially in the form set out in Schedule 4, to the Dealers, the Issuing
and Paying Agent and the Paying Agents. Such increase will not take effect until the Dealers have received from the Issuers the documents listed in such
letter (if required by any Dealer), in each case in form and substance acceptable to the Dealers.
2.6 
If Index Linked Notes are to be issued, the Relevant Issuer will appoint either the relevant Dealer or the Issuing and Paying Agent (subject to the consent
of such Dealer or the Issuing and Paying Agent, as the case may be, thereto) or some other person (subject to the consent of such Dealer and the Paying
Agent to such person’s appointment) to be the calculation agent in respect of such Index Linked Notes and the following provisions shall apply:
2.6.1 Dealer: if a Dealer is to be the calculation agent, its appointment as such shall be on the terms of the form of agreement set out in Schedule 6, and
such Dealer will be deemed to have entered into an agreement in such form for a particular calculation if it is named as calculation agent in the
redemption calculation attached to or endorsed on the relevant Note;
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Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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