Danaher 2009 Annual Report Download - page 347



 is made on [date]

(1) 
(the “”);
(2)  as guarantor (the “”);
(3) , as the calculation agent appointed pursuant to Clause 6 hereof (the “ ”, which expression shall
include any successor thereto).

(A) Under an amended and restated dealer agreement (as further amended, supplemented and/or restated from time to time, the “ ”) dated
[•] May 2007 and made among the Issuer, [the Guarantor,] the Arranger and the Dealers referred to therein, and a second amended and restated issuing
and paying agency agreement (as further amended, supplemented and/or restated from time to time, the “ ”) dated [•] May 2007 and
made among the Issuers, the Guarantor and the agents referred to therein, the Issuers established a Euro-commercial paper programme (the
“”).
(B) The Dealer Agreement contemplates, among other things, the issue under the Programme of index linked notes and provides for the appointment of
calculation agents in relation thereto. Each such calculation agent’s appointment shall be on substantially the terms and subject to the conditions of this
Agreement.
 as follows:
1. 
1.1 
Terms not expressly defined herein shall have the meanings given to them in the Dealer Agreement or the Agency Agreement.
1.2 
Any reference in this Agreement to any legislation (whether primary legislation or regulations or other subsidiary legislation made pursuant to primary
legislation) shall be construed as a reference to such legislation as the same may have been, or may from time to time be, amended or re-enacted.
1.3 
“” means such Index Linked Notes in respect of which the Calculation Agent is appointed.
The Guarantor shall not be a party to this Agreement where the Issuer is the U.S. Issuer.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2010 Powered by Morningstar® Document Research℠
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