Danaher 2011 Annual Report Download - page 191

receipt by the Issuing and Paying Agent of the Advance in full at the rate per annum equal to the cost to the Issuing and Paying Agent of funding such
Advance plus one percent per annum as certified by the Issuing and Paying Agent to the Issuer. Such interest shall accrue daily. For the avoidance of
doubt, the Issuing and Paying Agent shall not be obliged to pay any Advance to the Issuer if it has not received confirmation satisfactory to it that it is
to receive a Payment from the relevant person.
4.10 
To the extent such information is not available to the Issuer through GPR and upon the request of the Issuer as soon as practicable after the date of issue
of any Notes, the Issuing and Paying Agent shall deliver to the Issuer particulars of:
(a) the number and aggregate principal amount of the Notes completed, authenticated and delivered by it, or made available by it for collection, on
such date, and
(b) the issue date and the maturity date of such Notes and (c) the series and serial numbers of all such Notes (if requested).
4.11 
The Issuer hereby authorises and instructs the Issuing and Paying Agent to make all necessary notifications to and filings with any relevant central
bank or regulatory authority, including the Bank of England (in respect of Sterling Notes), and the Japanese Ministry of Finance (in respect of Yen
Notes).
4.12 
(a) The Issuing and Paying Agent shall be entitled to deal with moneys paid to it under this Agreement in the same manner as other moneys paid to
it as a banker by its customers except that:
(i) It shall not be entitled to exercise any lien, right of set off or similar claim in respect thereof; and
(ii) It shall not be liable to any person for interest on any sums held by it under this Agreement;
(b) No money held by the Issuing and Paying Agent need be segregated except as required by law.
5. 
5.1 
The Issuer, failing whom the Guarantor, undertakes in respect of each Note issued by the Issuer and guaranteed by the Guarantor, to pay, in the
currency in which such Note is denominated, not later than 10.00 a.m. in the jurisdiction in which the account is located on the maturity date (or by
such earlier time as may be determined by the Issuing and Paying Agent in accordance with the final sentence of this Clause 5.1) and not later than
10.00 a.m. in the jurisdiction in which the account is located on the
- 8 -
Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
The information contained herein may not be copied, adapted or distributed and is not warranted to be accurate, complete or timely. The user assumes all risks for any damages or losses arising from any use of this information,
except to the extent such damages or losses cannot be limited or excluded by applicable law. Past financial performance is no guarantee of future results.