Danaher Securities Settlement: Eligibility and Closed Claims

Buying Danaher stock during the Class Period alone does not automatically create a payment-eligible loss. The Plan of Allocation uses a “Recognized Loss,” a formula used to divide the available fund among accepted claims. Shares sold before October 20, 2022 have a recognized loss of zero under that formula.

• To have a recognized loss, the shares must have been bought or acquired during the Class Period and held through at least one of these dates: October 20, 2022; January 24, 2023; April 25, 2023; July 25, 2023; or October 24, 2023.
• The claim calculation also depends on when shares were bought and sold, the prices involved, and the 90-day lookback rules described in the Plan of Allocation.

The Plan of Allocation has special rules for shares obtained in transactions other than ordinary stock purchases. These rules can affect whether shares count toward a claim.

• Shares obtained by exercising publicly traded options can be considered. The relevant purchase or sale date is the option exercise date, and the price is the exercise price.
• Shares obtained by exercising, converting, or exchanging non-publicly traded securities—including options, warrants, convertible notes, or restricted stock units—are not eligible.
• Shares received in exchange for another company’s securities, or through a merger, acquisition, or sale of another entity, are also ineligible.

The Plan uses First-In, First-Out (FIFO), meaning the earliest shares are treated as sold first. This matching method may change the recognized loss calculation for people with multiple transactions.

• Sales are matched first to shares held at the start of the Class Period, then to Class Period purchases or acquisitions in date order.
• Short-sale losses do not qualify. If someone had a short position, their earliest later Class Period purchases are used to cover that position and cannot recover until it is fully covered.
• Transactions use the trade date, not the settlement or payment date.

There is no guaranteed payment date or amount. Payments depend on claim processing, final approval, and any appeals.

• The Claims Administrator will not make an initial distribution of less than $10.
• After claims are processed, the Court has finally approved the settlement, and appeals are resolved, payments can be distributed.
• If money remains at least six months after the initial distribution, it may be redistributed to eligible claimants if doing so is practical and economical.

Leaving the settlement is called excluding yourself, or opting out. It means giving up any settlement payment, but it also means the person is not bound by the settlement’s release of the claims described in the notice.

• An exclusion request must be sent by First-Class Mail and must say that the sender requests exclusion from the Class in the Danaher Securities Settlement.
• It must include the sender’s name, address, telephone number, signature, and detailed Danaher shareholding and transaction information.
• The request must be postmarked by August 13, 2026. Someone who excludes themselves cannot receive a settlement payment or object to the settlement.