BEC » Topics » 6.9 - Construction .

These excerpts taken from the BEC 10-K filed Feb 23, 2009.

6.9 - Construction.

As used in the Plan, the masculine gender shall include the feminine and the singular may include the plural, unless the context clearly indicates to the contrary.

 

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IN WITNESS WHEREOF, the undersigned has caused these presents to be executed by its duly authorized officer on this 19th day of December, 2008.

 

BECKMAN COULTER, INC.
By  

/s/ James Robert Hurley

  James Robert Hurley
Its  

Senior Vice President, Human Resources

 

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6.9 - Construction.

SIZE="2">As used in the Plan, the masculine gender shall include the feminine and the singular may include the plural, unless the context clearly indicates to the contrary.

SIZE="1"> 


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IN WITNESS WHEREOF, the undersigned has caused these presents to be executed by its duly authorized
officer on this 19th day of December, 2008.

 




























BECKMAN COULTER, INC.
By 

/s/ James Robert Hurley

 James Robert Hurley
Its 

Senior Vice President, Human Resources

 


26








This excerpt taken from the BEC 8-K filed Feb 26, 2008.

6.9 - Construction.

As used in the Plan, the masculine gender shall include the feminine and the singular may include the plural, unless the context clearly indicates to the contrary.

IN WITNESS WHEREOF, the undersigned has caused these presents to be executed by its duly authorized officer on the date indicated below.

 

BECKMAN COULTER, INC.
By   /s/ JAMES ROBERT HURLEY
  James Robert Hurley
Its   Senior Vice President Human Resources
Date    February 20, 2008

 

14


This excerpt taken from the BEC 8-K filed Mar 26, 2007.

8.14 Construction

(a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.

(b) The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement.

(c) As used in this Agreement, the words “include” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.”

 

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(d) Except as otherwise indicated, all references in this Agreement to “Sections,” “Exhibits,” “Annexes” and “Schedules” are intended to refer to Sections of this Agreement and Exhibits, Annexes and Schedules to this Agreement.

(e) All references to a document or instrument having been made available to Parent shall be deemed to include the making available of such document or instrument to Parent’s counsel, to Parent’s financial advisor or to any other representative of Parent.

(f) All references in this Agreement to “$” are intended to refer to U.S. dollars.

(g) Each reference in this Agreement to a “Contract,” “plan,” “offer” or “commitment” shall be deemed to refer only to a Contract, plan, offer or commitment that is legally binding.

(h) Unless otherwise specifically provided for herein, the term “or” shall not be deemed to be exclusive.

(i) The titles, captions or headings of the sections and subsections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

 

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Parent, Purchaser and the Company have caused this Agreement to be executed as of the date first written above.

 

BECKMAN COULTER, INC.
By:   /s/    ARNOLD A. PINKSTON        
Name:   Arnold A. Pinkston
Title:  

Senior Vice President, General

Counsel and Secretary

 

LOUISIANA ACQUISITION SUB, INC.
By:   /s/    ARNOLD A. PINKSTON        
Name:   Arnold A. Pinkston
Title:   Secretary

 

BIOSITE INCORPORATED
By:   /s/    KIM BLICKENSTAFF        
Name:   Kim Blickenstaff
Title:   Chief Executive Officer


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