Common use of Determination of Commercial Paper Rate Clause in Contracts

Determination of Commercial Paper Rate. If the Interest Rate Basis on this Note is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal the Money Market Yield (calculated as described below) of the rate on each Interest Determination Date designated on the face hereof for commercial paper having the Index Maturity designated on the face hereof as published in H.15(519) under the heading “Commercial Paper.” In the event that such rate is not published prior to 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having the Index Maturity as published in Composite Quotations under the heading “Commercial Paper.” If such rate was neither published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such date, the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will be the Money Market Yield of the arithmetic mean of the offered rates, as of 11:00 A.M., New York City time, on that Interest Determination Date, of three leading dealers of commercial paper in The City of New York selected by the Calculation Agent for commercial paper having the Index Maturity designated on the face hereof placed for an industrial issuer whose bond rating is “AA,” or the equivalent, from a nationally recognized rating agency; provided, however, that if fewer than three dealers selected as aforesaid by the Calculation Agent are quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset period.

Appears in 3 contracts

Samples: Baltimore Gas and Electric Company (Atlantic City Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Baltimore Gas & Electric Co

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Determination of Commercial Paper Rate. If the Interest Rate Basis on this Note is the The "Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal " for any Interest Determination Date is the Money Market Yield (calculated as described below) of the rate on each Interest Determination Date designated on the face hereof that date for commercial paper having the Index Maturity designated described on the face hereof of this note, as published in H.15(519) under the heading “Commercial Paper.” In the event that such rate is not published prior to 9:00 A.M.3:00 P.M., New York City time, on the Calculation Date designated for that Interest Determination Date under the heading "Commercial Paper - Nonfinancial". The following procedures will be followed if the Commercial Paper Rate cannot be determined as described above: · If the above rate is not published in H.15(519) by 3:00 P.M., New York City time, on the face hereof pertaining to such Interest Determination Datecalculation date, then the Commercial Paper Rate will be the Money Market Yield of the rate on such that Interest Determination Date for commercial paper having the Index Maturity described on the face of this note, as published in Composite Quotations H.15 Daily Update, or such other recognized electronic source used for the purpose of displaying the applicable rate, under the heading “caption "Commercial Paper.” Paper - Nonfinancial". · If such that rate was neither is not published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations H.15 Daily Update by 3:00 P.M., New York City time, on such the calculation date, then the calculation agent will determine the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will to be the Money Market Yield of the arithmetic mean average of the offered rates, rates of three leading dealers of U.S. dollar commercial paper in New York City as of 11:00 A.M., New York City time, on that Interest Determination Date, of three leading dealers of commercial paper in The City of New York selected by the Calculation Agent Date for commercial paper having the Index Maturity designated described on the face hereof of this note placed for an industrial issuer whose bond rating is “AA,” "Aa", or the equivalent, from a nationally recognized securities rating agency; provided, however, that if organization. The calculation agent will select the three dealers referred to above. · If fewer than three dealers selected as aforesaid by the Calculation Agent calculation agent are quoting as mentioned in this sentenceabove, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for will remain the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset periodCommercial Paper Rate then in effect on that Interest Determination Date.

Appears in 2 contracts

Samples: Bank of America Corp /De/, Bank of America Corp /De/

Determination of Commercial Paper Rate. If the Interest Rate Basis on this Note Basis, as specified above, is, or is calculated by reference to, the Commercial Paper Rate, unless otherwise specified above, the "Commercial Paper Rate with respect Rate" for each Interest Reset Date will be determined by the Calculation Agent as of the second Business Day prior to this Note such Interest Reset Date (a "Commercial Paper Interest Determination Date") and shall equal be the Money Market Yield (calculated as described defined below) on such date of the rate on each Interest Determination Date designated on the face hereof for commercial paper having the Index Maturity designated on the face hereof as indicated above, as such rate shall be published in H.15(519) under the heading “caption "Commercial Paper-Nonfinancial." In the event that such rate is not published prior to 9:00 A.M.3:00 p.m., New York City time, on the applicable Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will shall be calculated by the Calculation Agent as the Money Market Yield of the rate Commercial Paper Rate on such the applicable Commercial Paper Interest Determination Date for commercial paper having the Index Maturity as specified above, published in Composite Quotations H.15 Daily Update, or other recognized electronic source used for the purpose of displaying the applicable rate, under the heading “caption "Commercial Paper-Nonfinancial." If such rate was neither published in H.15(519) by 9:00 A.M.3:00 p.m., New York City time, on the applicable Calculation Date, such Calculation Date nor rate is not yet published as provided in Composite Quotations by 3:00 P.M.the preceding sentence, New York City time, on such date, then the Commercial Paper Rate for that on the applicable Commercial Paper Interest Determination Date will shall be calculated by the Calculation Agent and will be as the Money Market Yield of the arithmetic mean of the offered rates, as of rates at approximately 11:00 A.M.a.m., New York City time, on that the applicable Commercial Paper Interest Determination Date, Date of three leading dealers of United States dollar commercial paper in The City of New York York, which may include an agent of the Company or such agent's affiliates, selected by the Calculation Agent for commercial paper having the Index Maturity designated on the face hereof placed for an industrial issuer whose bond rating is “AA,” or the equivalent, from a nationally recognized rating agency; provided, however, that if fewer than three dealers selected as aforesaid by the Calculation Agent are quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset period.Maturity

Appears in 1 contract

Samples: Textron Financial Corp

Determination of Commercial Paper Rate. If the Interest Reference Rate Basis on this Note is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal the Money Market Yield (calculated as described defined below) of on the rate on each Interest Determination Date designated specified on the face hereof of the rate for commercial paper having for the period of the Index Maturity designated specified on the face hereof hereof, as published in H.15(519) under the heading "Commercial Paper.” In the event paper — Nonfinancial" or any replacement heading on that service. If such rate is not published prior to 9:00 A.M.in H.15(519) by 3:00 P.M., New York City time, on the Calculation Date designated (as specified on the face hereof hereof) pertaining to such Interest Determination Date, then the Commercial Paper Rate will shall be the Money Market Yield of the rate (as defined below), on such Interest Determination Date Date, of the rate for commercial paper having the same Index Maturity specified of the face hereof as published in Composite Quotations H.15 Daily Update or any other recognized electronic source used for displaying that rate, under the heading "Commercial Paper.” paper — Nonfinancial" or any replacement heading on that service or another recognized electronic source used for displaying the applicable rate (with an Index Maturity of one month or three months being deemed to be an Index Maturity of thirty days or ninety days respectively). If such rate was neither published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such dateCalculation Date, such rate is not published in H.15(519), H.15 Daily Update or another recognized electronic source, then the Commercial Paper Rate for that Interest Determination Date will shall be calculated by the Calculation Agent and will shall be the Money Market Yield of the arithmetic mean of the offered rates, rates as of 11:00 A.M., New York City time, on that such Interest Determination Date, Date of three leading dealers of commercial paper in The City of New York (which may include the Agents and their affiliates) selected by the Calculation Agent Agent, after consultation with Hydro-Québec, for commercial paper having for the period of the specified Index Maturity designated on the face hereof placed for an industrial issuer whose bond rating is “AA,” or the equivalent, from a nationally recognized rating agency; provided, however, that if fewer than three agency is at least "AA" or the equivalent. If such dealers selected as aforesaid by the Calculation Agent are quoting as mentioned in this sentencenot quoting, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for shall be the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset periodCommercial Paper Rate in effect on such Interest Determination Date.

Appears in 1 contract

Samples: Letter of Agreement (Hydro Quebec)

Determination of Commercial Paper Rate. If the Interest Base Rate Basis specified on this Note the face hereof is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal be determined on each Interest Determination Date and shall be the Money Market Yield (calculated as described belowdefined herein) of the rate on each Interest Determination Date designated on the face hereof such date for commercial paper having the Index Maturity designated specified on the face hereof hereof, as such rate shall be published in H.15(519) under the heading “caption "Commercial Paper.” In the event that such rate is -Nonfinancial," or if not so published prior to 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will shall be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having of the Index Maturity specified on the face hereof as published in Composite Quotations under the heading “caption "Commercial Paper." If neither of such rate was neither rates is published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such dateCalculation Date, then the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will shall be the Money Market Yield of the arithmetic mean of the offered rates, rates as of 11:00 A.M., New York City time, on that such Interest Determination Date, Date of three leading dealers of in commercial paper in The City of New York selected by the Calculation Agent for commercial paper having of the Index Maturity designated specified on the face hereof hereof, placed for an industrial issuer whose bond rating is "AA," or the equivalent, from a nationally recognized rating agency; providedPROVIDED, howeverHOWEVER, that if fewer than three the dealers selected elected as aforesaid by the Calculation Agent are not quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding Interest Reset Period (or, if there was no such Interest Reset Period, the rate of interest reset periodpayable hereon shall be the Initial Interest Rate).

Appears in 1 contract

Samples: Indenture (Timken Co)

Determination of Commercial Paper Rate. If the Interest Base Rate Basis on this Note is the Commercial Paper Rate, as indicated on the Commercial Paper Rate with respect to this Note face hereof, the interest rate shall equal (a) the Money Market Yield (calculated as described belowdefined herein) of on the rate on each Interest Determination Date designated specified on the face hereof of the rate for commercial paper having the Index Maturity designated specified on the face hereof as the rate for such commercial paper published in the H.15(519) ), under the heading "Commercial Paper.” In the event that Paper Non-Financial"; (b) if such commercial paper rate is not so published prior to by 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof (as defined below) pertaining to such Interest Determination Date, then the Commercial Paper Rate will be the Money Market Yield of using the rate on for commercial paper of such Index Maturity as published for such Interest Determination Date for commercial paper having in the Index Maturity as published in Composite Quotations under the heading "Commercial Paper.” If "; or (c) if neither of such rate was neither rates is published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, time on such dateCalculation Date, the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will be the Money Market Yield of the arithmetic mean of the offered rates, as of 11:00 A.M., New York City time, time on that such Interest Determination Date, of three leading dealers of commercial paper in The City of New York York, selected by the Calculation Agent Company, for commercial paper having of the Index Maturity designated specified on the face hereof placed for an industrial issuer whose bond rating is "AA,” " or the equivalent, from a nationally recognized rating agency, in each of the above cases adjusted by the addition or subtraction of the Spread; if any, specified on the face hereof, or by multiplication by the Spread Multiplier, if any, specified on the face hereof; provided, however, that if fewer than three such dealers selected as aforesaid by the Calculation Agent are not quoting as mentioned in this sentenceabove, the interest rate of interest in effect for hereon until the applicable period will Interest Reset Date next succeeding the Interest Reset Date to which such Interest Determination Date relates shall be the same as rate in effect hereon on such Interest Determination Date. "Money Market Yield" shall be the Commercial Paper Rate as adjusted for yield calculated in accordance with the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset period.following formula: D X 360 Money Market Yield = X 100 360 - (D X M)

Appears in 1 contract

Samples: Distribution Agreement (Texaco Inc)

Determination of Commercial Paper Rate. If the Interest Base Rate Basis specified on this Note the face hereof is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal be determined on each Interest Determination Date and shall be the Money Market Yield (calculated as described belowdefined herein) of the rate on each Interest Determination Date designated on the face hereof such date for commercial paper having the Index Maturity designated specified on the face hereof hereof, as such rate shall be published in H.15(519) under the heading "Commercial Paper.” In the event that such rate is ," or if not so published prior to 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will shall be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having of the Index Maturity specified on the face hereof as published in Composite Quotations under the heading "Commercial Paper." If neither of such rate was neither rates is published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such dateCalculation Date, then the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will shall be the Money Market Yield of the arithmetic mean of the offered rates, rates as of 11:00 A.M., New York City time, on that such Interest Determination Date, Date of three leading dealers of in commercial paper in The City of New York selected by the Calculation Agent for commercial paper having of the Index Maturity designated specified on the face hereof hereof, placed for an industrial issuer whose bond rating is "AA," or the equivalent, from a nationally recognized rating agency; provided, however, that if fewer than three the dealers selected elected as aforesaid by the Calculation Agent are not quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding Interest Reset Period (or, if there was no such Interest Reset Period, the rate of interest reset periodpayable hereon shall be the Initial Interest Rate).

Appears in 1 contract

Samples: Timken Co

Determination of Commercial Paper Rate. If the Interest Rate Basis specified on this Note the face hereof (or in the pricing supplement attached hereto or delivered herewith) is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal be determined on each Interest Determination Date and shall be the Money Market Yield (calculated as described belowdefined herein) of the rate on each Interest Determination Date designated on the face hereof such date for commercial paper having the Index Maturity designated specified on the face hereof (or in the pricing supplement attached hereto or delivered herewith), as such rate shall be published in H.15(519) under the heading “Commercial Paper.—Non-financial,In the event that such rate is or if not so published prior to 9:00 A.M.3:00 p.m., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will shall be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having of the Index Maturity specified on the face hereof (or in the pricing supplement attached hereto or delivered herewith) as published in Composite Quotations H.15 Daily Update under the heading “Commercial Paper.—Non-financial(with an Index Maturity of one month or three months being deemed to be equivalent to an Index Maturity of 30 or 90 days, respectively). If such rate was neither published in H.15(519) by 9:00 A.M.3:00 p.m., New York City time, on such Calculation Date nor Date, such rate is not yet available in Composite Quotations by 3:00 P.M.either H.15(519) or H.15 Daily Update, the Calculation Agent will calculate the Commercial Paper Rate, which will be the Money Market Yield corresponding to the arithmetic mean of the offered rates as of approximately 11:00 a.m., New York City time, on such date, the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will be the Money Market Yield for commercial paper of the arithmetic mean of Index Maturity specified on the offered ratesface hereof (or in the pricing supplement attached hereto or delivered herewith), placed for a non-financial issuer whose bond rating is “AA” or the equivalent, from a nationally recognized rating agency as of 11:00 A.M., New York City time, on that Interest Determination Date, of quoted by three leading dealers of commercial paper in The City of New York selected by the Calculation Agent for commercial paper having (after consultation with the Index Maturity designated on the face hereof placed for an industrial issuer whose bond rating is “AA,” or the equivalent, from a nationally recognized rating agencyCompany); provided, however, that if fewer than three the dealers selected as aforesaid by the Calculation Agent are not quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding Interest Reset Period (or, if there was no such Interest Reset Period, the rate of interest reset periodpayable hereon shall be the Initial Interest Rate).

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Credit Suisse / /Fi)

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Determination of Commercial Paper Rate. If the Interest Base Rate Basis indicated on this Note the face hereof is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note interest rate shall equal the Money Market Yield (calculated as described below) of the rate on each Interest Determination Date designated specified on the face hereof for commercial paper having the Index Maturity designated specified on the face hereof hereof, as such rate is published in H.15(519) ), under the heading "Commercial Paper.” In the event that " or, if such rate is not published prior to 9:00 A.M.by 3:00 P.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate for such Interest Determination Date will be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having the specified Index Maturity as published in Composite Quotations under the heading "Commercial Paper.” ". If such rate was neither is not published in either H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in or Composite Quotations by 3:00 P.M., New York City time, on the Calculation Date pertaining to such dateInterest Determination Date, then the Commercial Paper Rate for that such Interest Determination Date will shall be calculated by the Calculation Agent and will shall be the Money Market Yield of the arithmetic mean of the offered rates, rates as of 11:00 A.M., New York City time, on that such Interest Determination Date, Date of three leading dealers of commercial paper in The City of New York selected by the Calculation Agent for commercial paper having the specified Index Maturity designated on the face hereof Maturity, placed for an industrial issuer whose bond rating is "AA,” ", or the equivalent, from a nationally recognized rating agency; provided. In each of the above cases, howeverthe rate shall be adjusted by the addition or subtraction of the Spread, that if fewer than three any, specified on the face hereof, or by multiplication by the Spread Multiplier, if any, specified on the face hereof. If the dealers selected as aforesaid by the Calculation Agent are not quoting offered rates as mentioned in this sentencespecified herein, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for with respect to such Interest Determination Date will be the Spread and/or Spread Multiplier, as the case may be, for the Commercial Paper Rate in effect immediately preceding interest reset periodprior to such Interest Determination Date.

Appears in 1 contract

Samples: Indenture (Central Maine Power Co)

Determination of Commercial Paper Rate. If the Interest Rate Basis specified on this Note the face hereof is the Commercial Paper Rate, the Commercial Paper Rate interest rate with respect to this Note for any Interest Reset Date shall equal (a) the Money Market Yield (calculated as described below) of the rate on each the second Market Day with respect to this Note immediately preceding such Interest Reset Date (the "Commercial Paper Interest Determination Date designated on the face hereof Date") for commercial paper having the Index Maturity designated specified on the face hereof hereof, as published in "Statistical Release H.15(519) ), Selected Interest Rates," or any successor publication published by the Board of Governors of the Federal Reserve System ("H.15(519)"), under the heading "Commercial Paper.” In the event that ," or (b) if such rate is not published prior to 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having the Index Maturity as published in Composite Quotations under the heading “Commercial Paper.” If such rate was neither published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such dateCalculation Date, the Commercial Paper Rate for that Interest Determination Date will be calculated by the Calculation Agent and will be the Money Market Yield of the arithmetic mean mean, as calculated by the Calculation Agent on such Calculation Date, of the offered rates, as of 11:00 A.M., New York City time, on that such Commercial Paper Interest Determination Date, of three leading dealers of commercial paper in The the City of New York selected by the Calculation Agent for commercial paper having the Index Maturity designated specified on the face hereof placed for an industrial issuer whose senior unsecured bond rating is "AA," or the equivalent, from a nationally recognized statistical rating agency, in each of the above cases adjusted by the addition or subtraction of the Spread, if any, specified on the face hereof, or by multiplication by the Spread Multiplier, if any, specified on the face hereof; provided, however, that if fewer than three such dealers selected as aforesaid by the Calculation Agent are quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will Commercial Paper Rate shall be the same as the Commercial Paper Rate in effect on such Commercial Paper Interest Determination Date. "Money Market Yield" shall be a yield (expressed as adjusted for a percentage), calculated in accordance with the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset periodfollowing formula: Money Market Yield = D × 360 360 - (D × M) × 100.

Appears in 1 contract

Samples: Paying Agency Agreement (City National Corp)

Determination of Commercial Paper Rate. If the Interest Rate Basis on this Note is the Commercial Paper Rate, the Commercial Paper Rate with respect to this Note shall equal the Money Market Yield (calculated as described below) of the rate on each Interest Determination Date designated on the face hereof for commercial paper having the Index Maturity designated on the face hereof as published in H.15(519) under the heading “Commercial Paper.” In the event that such rate is not published prior to 9:00 A.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Interest Determination Date, then the Commercial Paper Rate will be the Money Market Yield of the rate on such Interest Determination Date for commercial paper having the Index Maturity as published in Composite Quotations under the heading “Commercial Paper.” If such rate was neither published in H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in Composite Quotations by 3:00 P.M., New York City time, on such date, the Commercial Paper Rate for that Interest Determination Date will be calculated by the B-6 Calculation Agent and will be the Money Market Yield of the arithmetic mean of the offered rates, as of 11:00 A.M., New York City time, on that Interest Determination Date, of three leading dealers of commercial paper in The City of New York selected by the Calculation Agent for commercial paper having the Index Maturity designated on the face hereof placed for an industrial issuer whose bond rating is “AA,” or the equivalent, from a nationally recognized rating agency; provided, however, that if fewer than three dealers selected as aforesaid by the Calculation Agent are quoting as mentioned in this sentence, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding interest reset period.

Appears in 1 contract

Samples: Indenture (Baltimore Gas & Electric Co)

Determination of Commercial Paper Rate. If the Interest Rate Basis on this Note is the Commercial Paper Rate, the The Commercial Paper Rate means, with respect to this Note shall equal an Interest Determination Date (a "Commercial Paper Rate Interest Determination Date"), the Money Market Yield (calculated as described defined below) of the rate on each such Commercial Paper Rate Interest Determination Date designated on the face hereof for commercial paper having the Index Maturity designated specified on the face hereof as published in H.15(519) under the heading "Commercial Paper-Non-financial." In the event that such rate is not published prior to 9:00 A.M.by 3:00 P.M., New York City time, on the Calculation Date designated on the face hereof pertaining to such Commercial Paper Rate Interest Determination Date, then the Commercial Paper Rate will shall be the Money Market Yield on such Commercial Paper Rate Interest Determination Date of the rate on such Interest Determination Date for commercial paper having the Index Maturity specified on the face hereof as published in Composite Quotations under the heading "Commercial Paper." If such rate was neither is not published in either H.15(519) by 9:00 A.M., New York City time, on such Calculation Date nor in or Composite Quotations by 3:00 P.M., New York City time, on such dateCalculation Date, the Commercial Paper Rate for that such Commercial Paper Rate Interest Determination Date will shall be calculated by the Calculation Agent and will shall be the Money Market Yield of the arithmetic mean of the offered rates, rates as of 11:00 A.M., New York City time, on that such Commercial Paper Rate Interest Determination Date, Date of three leading dealers of commercial paper in The City of New York City (which may include the Calculation Agent or its affiliates) selected by the Calculation Agent for commercial paper having of the Index Maturity designated specified on the face hereof placed for an industrial issuer whose bond rating is "AA,” ", or the equivalent, from by a nationally recognized securities rating agency; provided, however, that if fewer than three such dealers selected as aforesaid by the Calculation Agent are not so quoting as mentioned in this sentencesuch rates, the rate of interest in effect for the applicable period will be the same as the Commercial Paper Rate with respect to such Commercial Paper Rate Interest Determination Date will be the Commercial Paper Rate then in effect on such Commercial Paper Rate Interest Determination Date. "Money Market Yield" shall be the yield calculated in accordance with the following formula: Money Market Yield = D x 360 360 - (D x M) x 100 where "D" refers to the per annum rate for commercial paper quoted on a bank discount basis and expressed as adjusted a decimal, and "M" refers to the actual number of days in the interest period for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding which interest reset periodis being calculated.

Appears in 1 contract

Samples: Bank of America Corp /De/

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