AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONMerger Agreement • October 14th, 2014 • Netscout Systems Inc • Services-computer integrated systems design • Delaware
THE FOLLOWING EXHIBITS AND SCHEDULES TO THE AGREEMENT AND PLAN OF MERGER HAVE BEEN OMITTED IN ACCORDANCE WITH ITEM 601(B)(2) OF REGULATION S-K.
SEPARATION AND DISTRIBUTION AGREEMENT by and among DANAHER CORPORATION POTOMAC HOLDING LLC and NETSCOUT SYSTEMS, INC. dated as of October 12, 2014Separation and Distribution Agreement • October 14th, 2014 • Netscout Systems Inc • Services-computer integrated systems design • Delaware
THIS SEPARATION AND DISTRIBUTION AGREEMENT (this “Agreement”) is dated as of October 12, 2014, by and between Danaher Corporation, a Delaware corporation (“Danaher”), Potomac Holding LLC, a Delaware limited liability company and presently a wholly owned Subsidiary of Danaher (“Newco”) and NetScout Systems, Inc., a Delaware corporation (“NetScout”) (each a “Party” and together, the “Parties”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Article X.
