REPLACEMENT REFERENCE RATE Sample Clauses
The Replacement Reference Rate clause establishes the procedure for substituting a benchmark interest rate if the original reference rate becomes unavailable or is no longer reliable. Typically, this clause outlines the criteria for selecting a new rate, the process for notifying parties, and any necessary adjustments to maintain economic equivalence. Its core function is to ensure continuity and certainty in financial contracts by providing a clear mechanism for updating the reference rate, thereby mitigating the risk of contract disruption due to changes in market benchmarks.
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REPLACEMENT REFERENCE RATE. 8.1 In the event that a rate of interest payable pursuant to any Transaction Document other than under the Covered Bonds or pursuant to the CBC Account Agreement, is determined by reference to a benchmark and the Issuer determines that a Benchmark Event has occurred, the Issuer will, as soon as reasonably practicable (and in any event prior to the next relevant date on which the interest payable pursuant to such Transaction Document other than under the Covered Bonds or pursuant to the CBC Account Agreement must be determined (the "Interest Determination Date")), appoint a Rate Determination Agent, which may determine in its sole discretion, acting in good faith and in a commercially reasonable manner, a substitute, alternative or successor rate for purposes of determining the relevant Reference Rate on each Interest Determination Date falling on such date or thereafter that is substantially comparable to the Reference Rate that is available or a successor rate that has been recommended or selected by the monetary authority or similar authority (or working group thereof) in the jurisdiction of the applicable currency. If the Rate Determination Agent determines that there is an industry-accepted successor rate, the Rate Determination Agent will use such successor rate to determine the relevant Reference Rate. If the Rate Determination Agent has determined a substitute or successor rate in accordance with the foregoing (such rate, the "Replacement Reference Rate") for purposes of determining the Reference Rate on the relevant Interest Determination Date falling on or after such determination, (A) the Rate Determination Agent will also determine changes (if any) to the business day convention, the definition of business day, the interest determination date, the day count fraction and any method for calculating the Replacement Reference Rate, including any Adjustment Spread, in each case in a manner that is consistent with industry-accepted practices for such Replacement Reference Rate; (B) references to the Reference Rate in any such Transaction Document will be deemed to be references to the relevant Replacement Reference Rate, including any alternative method for determining such rate as described in (A) above (including the Adjustment Spread); (C) the Rate Determination Agent will notify the Issuer of the foregoing as soon as reasonably practicable; and (D) the Issuer will give notice as soon as reasonably practicable to the parties to such Transaction Doc...
REPLACEMENT REFERENCE RATE. Notwithstanding any provisions in this Agreement or the CBC Account Bank Fee Letter, if the CBC Account Bank or the CBC determines at any time that a Benchmark Event (as defined in Clause 13.5) has occurred in respect of any floating reference rate applied in respect of any CBC Transaction Account to determine any amount of interest payable (the "Floating Reference Rate"), the CBC Account Bank and the CBC shall use their best efforts to appoint (subject to Clause 13.3 below and the requirements under the Benchmarks Regulation) a rate determination agent (the "Rate Determination Agent") which will determine in its sole discretion, acting in good faith, whether:
REPLACEMENT REFERENCE RATE. (a) If a Published Rate Replacement Event has occurred in relation to any Published Rate, any amendment or waiver which relates to:
(i) providing for the use of a Replacement Reference Rate in place of that Published Rate; and
(A) aligning any provision of any Finance Document to the use of that Replacement Reference Rate;
(B) enabling that Replacement Reference Rate to be used for the calculation of interest under this Agreement (including, without limitation, any consequential changes required to enable that Replacement Reference Rate to be used for the purposes of this Agreement);
(C) implementing market conventions applicable to that Replacement Reference Rate;
(D) providing for appropriate fallback (and market disruption) provisions for that Replacement Reference Rate; or
(E) adjusting the pricing to reduce or eliminate, to the extent reasonably practicable, any transfer of economic value from one Party to another as a result of the application of that Replacement Reference Rate (and if any adjustment or method for calculating any adjustment has been formally designated, nominated or recommended by the Relevant Nominating Body, the adjustment shall be determined on the basis of that designation, nomination or recommendation), may be made with the consent of the Lender and the Borrower.
(b) In this Paragraph 5:
REPLACEMENT REFERENCE RATE. Notwithstanding any provisions in this Agreement or the CBC Account Bank Fee Letter, if the CBC Account Bank or the CBC determines at any time that a Benchmark Event has occurred in respect of any floating reference rate applied in respect of any CBC Transaction Account to determine any amount of interest payable (the ''Floating Reference Rate''), the CBC Account Bank and the CBC, may appoint (subject to Clause 4.3 below and the Benchmarks Regulation Requirements) a rate determination agent (the ''Rate Determination Agent'') which will determine in its sole discretion, acting in good faith, whether: