Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing: 9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and 9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect. 9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of: 9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
Appears in 2 contracts
Determination and Notification of the Calculations. 9.1 10.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent BankCalculation Agent, the Calculation Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 , on each Reset Interest Determination Date, the Calculation Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and, subject to and in accordance with the Conditions.
9.2 Neither the 10.2 The Calculation Agent Bank nor the Trustee shall not be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Calculation Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 10.3 The Calculation Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 10.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 6); and
10.3.2 any other rate or amount to be calculated or determined or any rate, amount or quotation to be obtained by the Calculation Agent under the Conditions (sub- clauses 10.3.1 to 10.3.3 inclusive, the “Calculations”) (substantially in the form set out in Schedule 1);, as soon as practicable after the determination thereof and otherwise in accordance with the Conditions, and the Paying Agent shall promptly notify the other Paying Agents (if any) thereof.
10.4 If the Calculation Agent does not at any time for any reason determine and/or publish any Calculation as provided in this Clause 10 and the Conditions, it shall forthwith notify the Issuer and the Paying Agent of such fact.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
Determination and Notification of the Calculations. 9.1 10.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent BankCalculation Agent, the Calculation Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 , on each Reset Interest Determination Date, the Calculation Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and, subject to and in accordance with the Conditions.
9.2 Neither the 10.2 The Calculation Agent Bank nor the Trustee shall not be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Calculation Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 10.3 The Calculation Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 of 10.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 16);; and
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and
9.1.2 on any Redemption Calculation Date, the Agent Bank shall calculate the applicable Early Redemption Price,
9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
9.3.2 the Early Redemption Price determined on any Redemption Calculation Date (substantially based on the notice received from the Issuer pursuant to Clause 11 of this Agreement); and
9.3.3 any other rate or amount to be calculated or determined or any rate, amount or quotation to be obtained by the Agent Bank under the Conditions (sub-clauses
9.3.1 to 9.3.3 inclusive, the “Calculations”) (substantially in the form set out in Schedule 1), as soon as practicable after the determination thereof and otherwise in accordance with the Conditions, and the Principal Paying Agent shall promptly notify the other Paying Agents (if any) thereof.
9.4 The Agent Bank shall cause each of the Calculations to be published in accordance with Condition 12 (Notices) as soon as possible after their determination date but in no event later than:
9.4.1 in the case of the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date, prior to the commencement of the relevant Reset Period;
9.4.2 in all other cases, the second Business Day after such determination.
9.5 If the Agent Bank does not at any time for any reason determine and/or publish any Calculation as provided in this Clause 9 and the Conditions, it shall forthwith notify the Issuer, the Trustee and the Principal Paying Agent of such fact.
9.6 If, in the Agent Bank’s opinion, either (i) the use of any benchmark or index specified in the Conditions to calculate any rate of interest and/or (ii) the provisions in Condition 4.1 which provide for fallback arrangements where such benchmark or index materially changes or ceases to be provided, are not in compliance with the European Union Benchmark Regulation, the Agent Bank shall not be obliged to perform its duties under the Conditions or this Clause 9 (and shall incur no liability for any inaction) until such time as the Issuer has identified an acceptable replacement benchmark or index and instructed the Agent Bank accordingly.
Appears in 2 contracts
Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and
9.1.2 on any Redemption Calculation Date, the Agent Bank shall calculate the applicable Early Redemption Price,
9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
Appears in 2 contracts
Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; andand on any Redemption Calculation Date, the Agent Bank shall calculate the applicable Early Redemption Price in each case, subject to and in accordance with the Conditions.
9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
9.3.2 the Early Redemption Price determined on any Redemption Calculation Date (substantially based on the notice received from the Issuer pursuant to Clause 11 of this Agreement); and
9.3.3 any other rate or amount to be calculated or determined or any rate, amount or quotation to be obtained by the Agent Bank under the Conditions (sub-clauses
9.3.1 to 9.3.3 inclusive, the "Calculations") (substantially in the form set out in Schedule 1), as soon as practicable after the determination thereof and otherwise in accordance with the Conditions, and the Principal Paying Agent shall promptly notify the other Paying Agents (if any) thereof.
9.4 The Agent Bank shall cause each of the Calculations to be published in accordance with Condition 12 (Notices) as soon as possible after their determination date but in no event later than:
9.4.1 in the case of the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date, prior to the commencement of the relevant Reset Period;
9.4.2 in all other cases, the second Business Day after such determination.
9.5 If the Agent Bank does not at any time for any reason determine and/or publish any Calculation as provided in this Clause 9 and the Conditions, it shall forthwith notify the Issuer, the Trustee and the Principal Paying Agent of such fact.
Appears in 2 contracts
Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and
9.1.2 on any Redemption Calculation Date, the Agent Bank shall calculate the applicable Early Redemption Price,
9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
9.3.2 the Early Redemption Price determined on any Redemption Calculation Date (substantially based on the notice received from the Issuer pursuant to Clause 11 of this Agreement); and
9.3.3 any other rate or amount to be calculated or determined or any rate, amount or quotation to be obtained by the Agent Bank under the Conditions (sub-clauses
9.3.1 to 9.3.3 inclusive, the “Calculations”) (substantially in the form set out in Schedule 1), as soon as practicable after the determination thereof and otherwise in accordance with the Conditions, and the Principal Paying Agent shall promptly notify the other Paying Agents (if any) thereof.
9.4 The Agent Bank shall cause each of the Calculations to be published in accordance with Condition 12 (Notices) as soon as possible after their determination date but in no event later than:
9.4.1 in the case of the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date, prior to the commencement of the relevant Reset Period;
9.4.2 in all other cases, the second Business Day after such determination.
9.5 If the Agent Bank does not at any time for any reason determine and/or publish any Calculation as provided in this Clause 9 and the Conditions, it shall forthwith notify the Issuer, the Trustee and the Principal Paying Agent of such fact.
Appears in 1 contract
Samples: Paying Agency Agreement
Determination and Notification of the Calculations. 9.1 At such time and on such date as the Conditions may require (i) any rate or amount to be calculated or determined or (ii) any rate, amount or quotation to be obtained by the Agent Bank, the Agent Bank shall calculate or determine such rate or amount and/or obtain such rate, amount or quotation, as the case may be. In particular, and without prejudice to the generality of the foregoing:
9.1.1 on each Reset Interest Determination Date, the Agent Bank shall determine the Prevailing Interest Rate applicable to the relevant Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date; and
9.1.2 on any Redemption Calculation Date, the Agent Bank shall calculate the applicable Early Redemption Price,
9.2 Neither the Agent Bank nor the Trustee shall be responsible to the Issuer or any third party for (i) the availability for selection of any particular EUR Reset Reference Bank or the certifications or quotations provided by any EUR Reset Reference Bank selected in accordance with this Agreement and the Conditions, (ii) any failure of the EUR Reset Reference Banks to fulfil their duties or meet their obligations as EUR Reset Reference Banks or (iii) (except in the event of negligence, wilful default or fraud) as a result of the Agent Bank or the Trustee having acted on any certificate or on any quotation given by any EUR Reset Reference Bank which subsequently may be found to be incorrect.
9.3 The Agent Bank shall notify the Issuer, the Trustee, the Principal Paying Agent and (so long as the Securities are listed thereon) any stock exchange or other relevant authority (and so long as the Securities are in global form, each of Euroclear and Clearstream, Luxembourg) of:
9.3.1 the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date (substantially in the form set out in Schedule 1);
9.3.2 the Early Redemption Price determined on any Redemption Calculation Date (substantially based on the notice received from the Issuer pursuant to Clause 11 of this Agreement); and
9.3.3 any other rate or amount to be calculated or determined or any rate, amount or quotation to be obtained by the Agent Bank under the Conditions (sub-
3.1 to 9.3.3 inclusive, the “Calculations”) (substantially in the form set out in Schedule 1), as soon as practicable after the determination thereof and otherwise in accordance with the Conditions, and the Principal Paying Agent shall promptly notify the other Paying Agents (if any) thereof.
9.4 The Agent Bank shall cause each of the Calculations to be published in accordance with Condition 11 (Notices) as soon as possible after their determination date but in no event later than:
9.4.1 in the case of the EUR 5 year Swap Rate in relation to any Reset Period, the Prevailing Interest Rate applicable to such Reset Period and the amount of interest payable in respect thereof on the relevant Interest Payment Date, prior to the commencement of the relevant Reset Period;
9.4.2 in all other cases, the second Business Day after such determination.
9.5 If the Agent Bank does not at any time for any reason determine and/or publish any Calculation as provided in this Clause 9 and the Conditions, it shall forthwith notify the Issuer, the Trustee and the Principal Paying Agent of such fact.
Appears in 1 contract
Samples: Paying Agency Agreement
