Common use of Cessation of Publication Clause in Contracts

Cessation of Publication. If the Calculation Agent determines that the level for the Inflation Index has not been published or announced for two (2) consecutive months, or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if at any time (other than after an early redemption has been designated by the Calculation Agent pursuant to this Condition 4.4), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii), (B)(iii) or (B)(iv) below of Condition 4.4.2; (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Condition 4.4.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect; (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Condition 4.4.2, the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received and, of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.2, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

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Cessation of Publication. If the Calculation Agent determines that the a level for the Inflation Index has not been published or announced for two (2) consecutive months, months or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the to a Successor Inflation Index) Index (in lieu of any previously applicable Inflation Index) for with respect to the purposes of the Inflation Linked Notes by using the following methodology: (i) if If at any time (other than after an early redemption Additional Termination Event has been designated by the Calculation Agent pursuant to this Condition 4.4), paragraph 2(v) below) a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related BondBond (if applicable), such successor inflation index shall be designated a "Successor Inflation Index" ” for the purposes of all subsequent payment dates in relation to the Notes, notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii2(ii), (B)(iii) iii), or (B)(iviv) below of Condition 4.4.2;below. (ii) if If a Successor Inflation Index has not been determined under paragraph 2(i) above (and there has been no designation of an Additional Termination Event pursuant to paragraph (B)(i2(v) above of Condition 4.4.2below), and a notice has been given or an announcement has been made by the Inflation an Index Sponsor Sponsor, specifying that the Inflation Index will be superseded by a replacement Inflation Index index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, then such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect;. (iii) if If a Successor Inflation Index has not been determined pursuant to under paragraphs (B)(i2(i) or (B)(iiii) above (and there has been no designation of Condition 4.4.2an Additional Termination Event pursuant to paragraph 2(v) below), the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If between four or and five responses are received andreceived, and of those four or five responses, three or more leading independent dealers state the same index, this that index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this that index will be deemed the "Successor Inflation Index"” in respect of the Notes from the date such index is deemed the “Successor Index”. If fewer than three responses are received received, the “Successor Index” will be determined under paragraph 2(iv) below. (iv) If a Successor Index has not been determined under paragraphs 2(i), (ii), or no Successor (iii) above, by the Inflation Index is determined pursuant Cut-Off Date falling before the next payment date to this paragraph (B)(iii) of Condition 4.4.2occur under the Notes, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i)will, (B)(ii) or (B)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Datein its sole discretion, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from for such Cut-Off Affected Payment Date, and such index will be deemed a "Successor Inflation Index"; or”. (v) If the Calculation Agent determines that there is no appropriate alternative inflation index index, an “Additional Termination Event” shall be deemed to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amountoccur.

Appears in 2 contracts

Samples: Agency Agreement (Bank of America Corp /De/), Agency Agreement (Bank of America Corp /De/)

Cessation of Publication. If the Calculation Agent determines that the level for the Inflation Index has not been published or announced for two (2) consecutive months, or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if at any time (other than after an early redemption has been designated by the Calculation Agent pursuant to this Condition 4.44.3), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii), (B)(iii) or (B)(iv) below of Condition 4.4.24.3.2; (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Condition 4.4.24.3.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect; (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Condition 4.4.24.3.2, the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received and, of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.24.3.2, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.24.3.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above of Condition 4.4.2 4.3.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

Cessation of Publication. If the Calculation Agent determines that the a level for the Inflation Index has not been published or announced for two (2) consecutive months, months or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if if, at any time (other than after an early redemption time, a successor index has been designated by the Calculation Agent pursuant to this Condition 4.4), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under sub-paragraphs (B)(iiii), (B)(iiiiii) or (B)(iviv) below of Condition 4.4.2;below; or (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Inflation Linked Condition 4.4.2, and 2(b)(i)and a notice has been given or an announcement has been made by the Inflation Index Sponsor Sponsor, specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect;; or (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(iInflation Linked Condition 2(b)(i) or (B)(ii) above of Inflation Linked Condition 4.4.22(b)(ii), the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received andreceived, and of those four or five responses, responses three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.2received, the Calculation Agent will proceed to paragraph (B)(iv) below of Inflation Linked Condition 4.4.22(b)(iv); or (iv) if no replacement index or Successor Inflation Index has been determined deemed under paragraphs (B)(iInflation Linked Condition 2(b)(i), (B)(ii2(b)(ii) or (B)(iii2(b)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, Agent will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If if the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notesindex, the Issuer may shall give notice to the Noteholders in accordance with Condition 14 and redeem all (but not less than all) of the Notes, each nominal amount of Notes early equal to the Specified Denomination being redeemed at the Early Redemption Amount.. LN2-9694 130

Appears in 1 contract

Samples: Supplemental Agreement (Bank of America Corp /De/)

Cessation of Publication. If the Calculation Agent determines that level of the level for the Inflation Index has not been published or announced for two (2) consecutive months, a period of equal to the Maximum Non-Publication Period or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the to a Successor Inflation Index) Index (in lieu of any previously applicable Inflation Index) for with respect to the purposes of the Inflation Linked Notes Securities by using the following methodology: (i) if If at any time (other than after an early redemption Additional Termination Event has been designated by the Calculation Agent pursuant to this Condition 4.4), paragraph 2(v) below) a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related BondBond (if applicable), such successor inflation index shall be designated a "Successor Inflation Index" ” for the purposes of all subsequent payment dates in relation to the Securities, notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii2(ii), (B)(iiiiii) or (B)(iviv) below of Condition 4.4.2;below. (ii) if If a Successor Inflation Index has not been determined under paragraph 2(i) above (and there has been no designation of an Additional Termination Event pursuant to paragraph (B)(i2(v) above of Condition 4.4.2below), and a notice has been given or an announcement has been made by the Inflation an Index Sponsor Sponsor, specifying that the Inflation Index will be superseded by a replacement Inflation Index index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, then such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect;. (iii) if If a Successor Inflation Index has not been determined pursuant to under paragraphs (B)(i2(i) or (B)(iiii) above (and there has been no designation of Condition 4.4.2an Additional Termination Event pursuant to paragraph 2(v) below), the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If between four or and five responses are received andreceived, and of those four or five responses, three or more leading independent dealers state the same index, this that index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this that index will be deemed the "Successor Inflation Index"” in respect of the Securities from the date such index is deemed the “Successor Index”. If fewer than three responses are received received, the “Successor Index” will be determined under paragraph 2(iv) below. (iv) If a Successor Index has not been determined under paragraphs 2(i), (ii) or no Successor (iii) above, by the Inflation Index is determined pursuant Cut-Off Date falling before the Observation Date next to this paragraph (B)(iii) of Condition 4.4.2occur, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i)will, (B)(ii) or (B)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Datein its sole discretion, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from for such Cut-Off Observation Date, and such index will be deemed a "Successor Inflation Index"; or”. (v) If the Calculation Agent determines that there is no appropriate alternative inflation index index, an “Additional Termination Event” shall be deemed to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amountoccur.

Appears in 1 contract

Samples: Agency Agreement (Bank of America Corp /De/)

Cessation of Publication. If the Calculation Agent determines that the level for the Inflation Index has not been published or announced for two (2) consecutive months, or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) i. if at any time (other than after an early redemption has been designated by the Calculation Agent pursuant to this Condition 4.44.3), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii), (B)(iii) or (B)(iv) below of Condition 4.4.24.3.2; (ii) . if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Condition 4.4.24.3.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect; (iii) . if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Condition 4.4.24.3.2, the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received and, of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.24.3.2, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.24.3.2; or (iv) . if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above of Condition 4.4.2 4.3.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) v. If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 1 contract

Samples: Agency Agreement

Cessation of Publication. (I) If the Calculation Agent determines that the level for the Inflation Index Level has not been published or announced for two (2) consecutive months, months or the Inflation Index Sponsor Eurostat announces that it will no longer continue to publish or announce the Inflation Index then the Agent Bank (or the Inflation Index Sponsor otherwise cancels the Inflation IndexCalculation Agent, then the Calculation Agent if applicable) shall determine a successor inflation index (the "Successor Inflation Index") (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes Index by using the following methodology: (i1) if at any time (other than after an early redemption Early Termination Event (as defined below) has been designated by the Calculation Agent occurred pursuant to this Condition 4.4), 7(b)(iii)(C)(II) below) a successor inflation index has been designated by the calculation agent (or equivalentany other party performing the function of a calculation agent (whatever such party's title)) pursuant to the terms and conditions of the Related BondInstrument, such successor inflation index shall be designated a "the Successor Inflation Index" Index for the purposes of all subsequent payments of interest and/or principal in respect of the Notes, notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii2), (B)(iii3) or (B)(iv4) below of Condition 4.4.2;below; or (ii2) if a Successor Inflation Index has not been determined under paragraph (1) above (and no Early Termination Event has occurred pursuant to paragraph (B)(iCondition 7(b)(iii)(C)(II) above of Condition 4.4.2below), and a notice has been given or an announcement has been made by Eurostat (or any successor entity which publishes the Inflation Index Sponsor Index) specifying that the Inflation Index will be superseded by a replacement Inflation Index index specified by the Inflation Index SponsorEurostat (or any such successor), and the Agent Bank (or the Calculation Agent Agent, if applicable) determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Successor Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index index comes into effect;; or (iii3) if a Successor Inflation Index has not been determined pursuant to under paragraphs (B)(i1) or (B)(ii2) above of (and no Early Termination Event has occurred pursuant to Condition 4.4.27(b)(iii)(C)(II) below), the Agent Bank (or the Calculation Agent Agent, if applicable) shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If between four or and five responses are received andreceived, and of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.2received, the Agent Bank (or the Calculation Agent Agent, if applicable) will proceed to paragraph (B)(iv4) below of Condition 4.4.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.;

Appears in 1 contract

Samples: Tenth Supplemental Trust Deed

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Cessation of Publication. If the Calculation Agent determines that the level for the Inflation Index has not been published or announced for two (2) consecutive months, or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) i. if at any time (other than after an early redemption has been designated by the Calculation Agent pursuant to this Condition 4.44.3), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii), (B)(iii) or (B)(iv) below of Condition 4.4.24.3.2; (ii) . if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Condition 4.4.24.3.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect; (iii) . if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Condition 4.4.24.3.2, the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received and, of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.24.3.2, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.24.3.2; or (iv) . if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(iB) (i), (B)(ii) or (B)(iii) above of Condition 4.4.2 4.3.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) v. If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 1 contract

Samples: Agency Agreement

Cessation of Publication. If the Calculation Agent determines that the a level for the Inflation Index has not been published or announced for two (2) consecutive months, months or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if at any time (other than after an early redemption time, a successor index has been designated by the Calculation Agent pursuant to this Condition 4.4), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(iiii), (B)(iiiiii) or (B)(iviv) below of Condition 4.4.2;below; or (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(iInflation Linked Condition 2(b)(i) above of and Inflation Linked Condition 4.4.2, and 2(b)(ii) a notice has been given or an announcement has been made by the Inflation Index Sponsor Sponsor, specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect;; or (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Inflation Linked Condition 4.4.22(b)(i), the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If between four or and five responses are received andreceived, and of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.2received, the Calculation Agent will proceed to paragraph (B)(iv) below of Inflation Linked Condition 4.4.22(b)(iv); or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 1 contract

Samples: Agency Agreement (Bank of America Corp /De/)

Cessation of Publication. If the Calculation Agent determines that the level for the Inflation Index has not been published or announced for two (2) consecutive months, or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the "Successor Inflation Index") (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if at any time (other than after an early redemption has been designated by the Calculation Agent pursuant to this Condition 4.44.3), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(ii), (B)(iii) or (B)(iv) below of Condition 4.4.24.3.2; (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(i) above of Condition 4.4.24.3.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect; (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(i) or (B)(ii) above of Condition 4.4.24.3.2, the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received and, of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.24.3.2, the Calculation Agent will proceed to paragraph (B)(iv) below of Condition 4.4.24.3.2; or (iv) if no replacement index or Successor Inflation Index has been determined under paragraphs (B)(i), (B)(ii) or (B)(iii) above aboveabove of Condition 4.4.2 4.3.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If if the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notes, the Issuer may redeem the Notes early at the Early Redemption Amount.

Appears in 1 contract

Samples: Agency Agreement

Cessation of Publication. If the Calculation Agent determines that the a level for the Inflation Index has not been published or announced for two (2) consecutive months, months or the Inflation Index Sponsor announces that it will no longer continue to publish or announce the Inflation Index or the Inflation Index Sponsor otherwise cancels the Inflation Index, then the Calculation Agent shall determine a successor inflation index (the Successor Inflation Index) (in lieu of any previously applicable Inflation Index) for the purposes of the Inflation Linked Notes by using the following methodology: (i) if at any time (other than after an early redemption time, a successor index has been designated by the Calculation Agent pursuant to this Condition 4.4), a successor inflation index has been designated by the calculation agent (or equivalent) pursuant to the terms and conditions of the Related Bond, such successor inflation index shall be designated a "Successor Inflation Index" notwithstanding that any other Successor Inflation Index may previously have been determined under paragraphs (B)(iiii), (B)(iiiiii) or (B)(iviv) below of Condition 4.4.2;below; or (ii) if a Successor Inflation Index has not been determined pursuant to paragraph (B)(iInflation Linked Condition 2(b)(i) above of Condition 4.4.2, and a notice has been given or an announcement has been made by the Inflation Index Sponsor Sponsor, specifying that the Inflation Index will be superseded by a replacement Inflation Index specified by the Inflation Index Sponsor, and the Calculation Agent determines that such replacement index is calculated using the same or substantially similar formula or method of calculation as used in the calculation of the previously applicable Inflation Index, such replacement index shall be the Inflation Index for purposes of the Inflation Linked Notes from the date that such replacement Inflation Index comes into effect;; or (iii) if a Successor Inflation Index has not been determined pursuant to paragraphs (B)(iInflation Linked Condition 2(b)(i) or (B)(ii) above of Inflation Linked Condition 4.4.22(b)(ii), the Calculation Agent shall ask five leading independent dealers to state what the replacement index for the Inflation Index should be. If four or five responses are received andreceived, and of those four or five responses, three or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If three responses are received received, and two or more leading independent dealers state the same index, this index will be deemed the "Successor Inflation Index". If fewer than three responses are received or no Successor Inflation Index is determined pursuant to this paragraph (B)(iii) of Condition 4.4.2received, the Calculation Agent will proceed to paragraph (B)(iv) below of Inflation Linked Condition 4.4.22(b)(iv); or (iv) if no replacement index or Successor Inflation Index has been determined deemed under paragraphs (B)(iInflation Linked Conditions 2(b)(i), (B)(ii2(b)(ii) or (B)(iii2(b)(iii) above of Condition 4.4.2 by the next occurring Cut-Off Date, the Calculation Agent, subject as provided below, Agent will determine an appropriate alternative index from such Cut-Off Date, and such index will be deemed a "Successor Inflation Index"; or (v) If if the Calculation Agent determines that there is no appropriate alternative inflation index to Inflation Linked Interest Notesindex, the Issuer may shall give notice to the Noteholders in accordance with Condition 14 and redeem all (but not less than all) of the Notes, each nominal amount of Notes early equal to the Specified Denomination being redeemed at the Early Redemption Amount.

Appears in 1 contract

Samples: Supplemental Agreement to the Amended and Restated Agency Agreement (Bank of America Corp /De/)

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