Common use of Calculation of LIBOR Clause in Contracts

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.33125% per annum. Such value of LIBOR shall be utilized in calculating: (i) with respect to the Class A-2FL Certificates, (A) the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date in January 2006 and (B) the Pass-Through Rate with respect to the Class A-2FL Certificates for the Distribution Date in January 2006, and (ii) with respect to the Class A-4FL Certificates, (A) the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in January 2006 and (B) the Pass-Through Rate with respect to the Class A-4FL Certificates for the Distribution Date in January 2006. (b) The value of LIBOR applicable to the calculation of the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date and the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in any particular calendar month subsequent to January 2006, as well as the calculation of the respective Pass-Through Rates with respect to the Class A-2FL Certificates and the Class A-4FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL Distribution Conversion or Class A-4FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Trust 2005-Cki1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Trust 2005-Cki1)

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.331255.32000% per annum. Such value of LIBOR shall be utilized in calculating: calculating (i) with respect to the Class A-2FL Certificates, (A) the Class A-2FL -MFL Floating Swap Payment to be made on the Class A-2FL A-MFL Swap Payment Date in January 2006 April 2007 and (Bii) the Pass-Through Rate with respect to the Class A-2FL A-MFL Certificates for the Distribution Date in January 2006, and (ii) with respect to the Class A-4FL Certificates, (A) the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in January 2006 and (B) the Pass-Through Rate with respect to the Class A-4FL Certificates for the Distribution Date in January 2006April 2007. (b) The value of LIBOR applicable to the calculation of the Class A-2FL A-MFL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date and the Class A-4FL Floating Swap Payment to be made on the Class A-4FL A-MFL Swap Payment Date in any particular calendar month subsequent to January 2006April 2007, as well as the calculation of the respective Pass-Through Rates Rate with respect to the Class A-2FL Certificates and the Class A-4FL A-MFL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL A-MFL Distribution Conversion or Class A-4FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee Certificate Administrator (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Reuters Screen LIBOR01 Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750Reuters Screen LIBOR01 Page, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee Certificate Administrator to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which first Distribution Date following the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee Certificate Administrator shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee Certificate Administrator to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the TrusteeCertificate Administrator, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee Certificate Administrator will be binding absent manifest error. "Reuters Screen LIBOR01 Page" means the display page currently so designated on the Reuters Monitor Money Rates Service (or such other page as may replace that page on that service for the purpose of displaying comparable rates or prices).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CD 2007-Cd4 Commercial Mortgage Trust)

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.331254.8225% per annum. Such value of LIBOR shall be utilized in calculating: (i) with respect to the Class A-2FL A-3FL Certificates, (A) the Class A-2FL A-3FL Floating Swap Payment to be made on the Class A-2FL A-3FL Swap Payment Date in January April 2006 and (B) the Pass-Through Rate with respect to the Class A-2FL A-3FL Certificates for the Distribution Date in January April 2006, and (ii) with respect to the Class A-4FL AN-FL Certificates, (A) the Class A-4FL AN-FL Floating Swap Payment to be made on the Class A-4FL AN-FL Swap Payment Date in January April 2006 and (B) the Pass-Through Rate with respect to the Class A-4FL AN-FL Certificates for the Distribution Date in January April 2006. (b) The value of LIBOR applicable to the calculation of the Class A-2FL A-3FL Floating Swap Payment to be made on the Class A-2FL A-3FL Swap Payment Date and the Class A-4FL AN-FL Floating Swap Payment to be made on the Class A-4FL AN-FL Swap Payment Date in any particular calendar month subsequent to January April 2006, as well as the calculation of the respective Pass-Through Rates with respect to the Class A-2FL A-3FL Certificates and the Class A-4FL AN-FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL A-3FL Distribution Conversion or Class A-4FL AN-FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (MLCFC Commercial Mortgage Trust Series 2006-1)

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.33125a rate of 5.320% per annum. Such value of LIBOR shall be utilized in calculating: (i) with respect to the Class A-2FL Certificates, (A) the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date in January 2006 May 2007 and (B) the Pass-Through Rate with respect to the Class A-2FL Certificates for the Distribution Date in January 2006May 2007, and (ii) with respect to the Class A-4FL AJ-FL Certificates, (A) the Class A-4FL AJ-FL Floating Swap Payment to be made on the Class A-4FL AJ-FL Swap Payment Date in January 2006 May 2007 and (B) the Pass-Through Rate with respect to the Class A-4FL AJ-FL Certificates for the Distribution Date in January 2006May 2007. (b) The value of LIBOR applicable to the calculation of the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date and the Class A-4FL AJ-FL Floating Swap Payment to be made on the Class A-4FL AJ-FL Swap Payment Date in any particular calendar month subsequent to January 2006May 2007, as well as the calculation of the respective Pass-Through Rates with respect to the Class A-2FL Certificates and the Class A-4FL AJ-FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL Distribution Conversion or Class A-4FL AJ-FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow Jones Market Service (▇▇▇▇▇ Market Service (formerly ▇rly Telerate) Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇Jones Market Service P▇▇▇ Market Service Page 3750▇750, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2007-6)

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.33125______% per annum. Such value of LIBOR shall be utilized in calculating: calculating (i) with respect to the Class A-2FL Certificates, (A) the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date in January 2006 ___________ 200_ and (Bii) the Pass-Through Rate with respect to the Class A-2FL Certificates for the Distribution Date in January 2006, and (ii) with respect to the Class A-4FL Certificates, (A) the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in January 2006 and (B) the Pass-Through Rate with respect to the Class A-4FL Certificates for the Distribution Date in January 2006___________ 200_. (b) The value of LIBOR applicable to the calculation of the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date and the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in any particular calendar month subsequent to January 2006___________ 200_, as well as the calculation of the respective Pass-Through Rates Rate with respect to the Class A-2FL Certificates and the Class A-4FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL Distribution Conversion or Class A-4FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which first Distribution Date following the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)

Calculation of LIBOR. (a) The With respect to the Class A-2FL Certificates, the initial value of LIBOR shall be 4.331252.88125% per annum. Such initial value of LIBOR shall be utilized in calculating: (i) with respect to the Class A-2FL Certificates, (A) calculating the Class A-2FL Floating Rate II Swap Payment to be made on under the Class A-2FL Swap Payment Date Agreement in January 2006 May 2008, and (Bii) the Pass-Through Rate with respect to the Class A-2FL Certificates for the Distribution Date in January 2006, and (ii) with respect to the Class A-4FL Certificates, (A) the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in January 2006 and (B) the Pass-Through Rate with respect to the Class A-4FL Certificates for the Distribution Date in January 2006May 2008. (b) The value of LIBOR applicable to the calculation of the Class A-2FL Floating Rate II Swap Payment to be made on the applicable Class A-2FL Swap Payment Date and the Class A-4FL Floating Swap Payment to be made on the Class A-4FL Swap Payment Date in any particular calendar month subsequent to January 2006May 2008, as well as the calculation of the respective Pass-Through Rates Rate with respect to the Class A-2FL Certificates and the Class A-4FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL Floating Rate Distribution Conversion or Class A-4FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Class A-2FL Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Reuters Screen LIBOR01 Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750Reuters Screen LIBOR01 Page, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which first Distribution Date following the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error. "Reuters Screen LIBOR01 Page" means the display page currently so designated on the Reuters Monitor Money Rates Service (or such other page as may replace that page on that service for the purpose of displaying comparable rates or prices).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2008-C1)

Calculation of LIBOR. (a) The initial value of LIBOR shall be 4.331255.350% per annum. Such value of LIBOR shall be utilized in calculating: (i) with respect to the Class A-2FL Certificates, (A) the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date in January 2006 2007 and (B) the Pass-Through Rate with respect to the Class A-2FL Certificates for the Distribution Date in January 20062007, and (ii) with respect to the Class A-4FL AJ-FL Certificates, (A) the Class A-4FL AJ-FL Floating Swap Payment to be made on the Class A-4FL AJ-FL Swap Payment Date in January 2006 2007 and (B) the Pass-Through Rate with respect to the Class A-4FL AJ-FL Certificates for the Distribution Date in January 20062007. (b) The value of LIBOR applicable to the calculation of the Class A-2FL Floating Swap Payment to be made on the Class A-2FL Swap Payment Date and the Class A-4FL AJ-FL Floating Swap Payment to be made on the Class A-4FL AJ-FL Swap Payment Date in any particular calendar month subsequent to January 20062007, as well as the calculation of the respective Pass-Through Rates with respect to the Class A-2FL Certificates and the Class A-4FL AJ-FL Certificates for the Distribution Date in such calendar month (provided that no Class A-2FL Distribution Conversion or Class A-4FL AJ-FL Distribution Conversion, as applicable, is then in effect), shall be determined by the Trustee (and promptly reported to the related Swap Counterparty) on the LIBOR Determination Date in the preceding calendar month in accordance with the following methodology: LIBOR shall equal the rate for deposits in U.S. Dollars, for a period equal to one month, which appears on the Dow ▇▇▇▇▇ Market Service (formerly Telerate) Page 3750 as of 11:00 a.m., London time, on the applicable LIBOR Determination Date. If that rate does not appear on the Dow ▇▇▇▇▇ Market Service Page 3750, LIBOR will be determined on the basis of the rates at which deposits in U.S. Dollars are offered by any five major reference banks in the London interbank market selected by the Trustee to provide that bank's offered quotation of such rates at approximately 11:00 a.m., London time, on the applicable LIBOR Determination Date to prime banks in the London interbank market for a period of one month, commencing on the 12th day of the calendar month in which the applicable LIBOR Determination Date occurs and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The Trustee shall request the principal London office of any five major reference banks in the London interbank market selected by the Trustee to provide a quotation of those rates, as offered by each such bank. If at least two such quotations are provided, LIBOR will be the arithmetic mean of the quotations. If fewer than two quotations are provided as requested, LIBOR will be the arithmetic mean of the rates quoted by major banks in New York City selected by the Trustee, at approximately 11:00 a.m., New York City time, on the applicable LIBOR Determination Date for loans in U.S. Dollars to leading European banks for a period equal to one month, commencing on the applicable LIBOR Determination Date and in an amount that is representative for a single such transaction in the relevant market at the relevant time. The determination of LIBOR by the Trustee will be binding absent manifest error.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2006-4)