Common use of Determination of Prime Rate Clause in Contracts

Determination of Prime Rate. If an Interest Rate Basis for this Note is the Prime Rate, as indicated on the face hereof, the Prime Rate shall be determined as of the applicable Interest Determination Date (a “Prime Rate Interest Determination Date”), as the rate on such date as such rate is published in H.15(519) under the caption “Bank prime loan” or, if not published by 3:00 P.M., New York City time, on the related Calculation Date, the rate on such Prime Rate Interest Determination Date as published in H.15 Daily Update, or such other recognized electronic source used for the purpose of displaying such rate, under the caption “Bank prime loan.” If such rate is not yet published in H.15(519), H.15 Daily Update or another recognized electronic source by 3:00 P.M., New York City time, on the related Calculation Date, then the Prime Rate shall be the arithmetic mean calculated by the Calculation Agent of the rates of interest publicly announced by each bank that appears on the Reuters Screen USPRIME 1 Page (as hereinafter defined) as such bank’s prime rate or base lending rate as of 11:00 A.M., New York City time, on such Prime Rate Interest Determination Date. If fewer than four such rates so appear on the Reuters Screen USPRIME 1 Page for such Prime Rate Interest Determination Date by 3:00 P.M., New York City time, on the related Calculation Date, then the Prime Rate shall be the arithmetic mean calculated by the Calculation Agent of the prime rates or base lending rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by three major banks (which may include affiliates of one or more of the Agents) in The City of New York selected by the Calculation Agent; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Prime Rate determined as of such Prime Rate Interest Determination Date will be the Prime Rate in effect on such Prime Rate Interest Determination Date.

Determination of Prime Rate. If an the Interest Rate Basis for this Note is the Prime Rate, as indicated on the face hereofprime rate, the Prime Interest Rate Basis that takes effect on any Interest Reset Date shall be determined as of equal the applicable rate, for the second Business Day immediately preceding such Interest Determination Reset Date (a “the "Prime Rate Interest Determination Date”"), as the rate on such date as such rate is published in H.15(519) under the caption “heading "Bank Prime Loan". If the prime loan” orrate cannot be determined as described above, if the following procedures will apply in determining the prime rate: (i) If the rate described above does not published by appear in H.15(519) at 3:00 P.M., New York City time, on the related Calculation Date, the rate on Date corresponding to such Prime Rate Interest Determination Date (unless the calculation is made earlier and the rate is available from one of those sources at that time), then the prime rate will be the rate, for such Prime Interest Determination Date, as published in H.15 Daily Update, Update or such other another recognized electronic source used for the purpose of displaying such that rate, under the caption “heading "Bank prime loanPrime Loan".” (ii) If such the rate is described in clause (i) above does not yet published appear in H.15(519), H.15 Daily Update or another recognized electronic source by at 3:00 P.M., New York City time, on such Calculation Date (unless the related Calculation Datecalculation is made earlier and the rate is available from one of those sources at that time), then the Prime Rate shall prime rate will be the arithmetic mean calculated by the Calculation Agent of the following rates as they appear on the Reuters Screen US PRIME 1 Page (as defined in Section 4(j) below): the rate of interest publicly announced by each bank appearing on that appears on the Reuters Screen USPRIME 1 Page (page as hereinafter defined) as such that bank’s 's prime rate or base lending rate rate, as of 11:00 A.M., New York City time, on such Prime Rate Interest Determination Date. . (iii) If fewer than four such of the rates so referred to in clause (ii) above appear on the Reuters Screen USPRIME US PRIME 1 Page for such Prime Rate Interest Determination Date by 3:00 P.M.Page, New York City time, on the related Calculation Date, then the Prime Rate shall prime rate will be the arithmetic mean calculated by the Calculation Agent of the prime rates or base lending rates, as of the close of business on such Prime Interest Determination Date, of three major banks in New York City selected by the Calculation Agent. For this purpose, the Calculation Agent will use rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by year. (iv) If fewer than three major banks (which may include affiliates of one or more of the Agents) in The City of New York selected by the Calculation Agent; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned described in this sentenceclause (iii) above, the Prime Rate determined as of such Prime Rate Interest Determination Date will prime rate shall be the Prime Rate prime rate in effect on such Prime Rate Interest Determination Date.Date (or, in

Determination of Prime Rate. If an Interest the Base Rate Basis for this Note is the Prime Rate, as indicated on in the face hereofapplicable Pricing Supplement, the Prime Rate interest rate shall be determined as of equal the applicable Interest Determination Date (a “Prime Rate Interest Determination Date”)prime rate or base lending rate on that date, as the rate on such date as such rate is published in H.15(519) by 3:00 P.M., New York City time, on the Calculation Date for that Interest Determination Date under the caption “heading "Bank prime loan” Prime Loan" or, if not published by 3:00 P.M., New York City time, on the related Calculation Date, the rate on such Prime Rate Interest Determination Date as published in H.15 Daily Update, or such other recognized electronic source used for the purpose of displaying such rate, under the caption “"Bank prime loanPrime Loan.” " If such the Prime Rate cannot be determined as described above: - If the above rate is not yet published in H.15(519), H.15 Daily Update or another recognized electronic source by 3:00 P.M., New York City time, on the related Calculation Date, then the calculation agent will determine the Prime Rate shall to be the arithmetic mean calculated by the Calculation Agent average of the rates of interest publicly announced by each bank that appears on the Reuters Screen USPRIME 1 Page (screen designated as hereinafter defined) "US Prime 1" as such that bank’s 's prime rate or base lending rate as of 11:00 A.M., New York City time, on such Prime Rate in effect for that Interest Determination Date. - If at least one rate but fewer than four such rates so appear on "US Prime 1" on the Reuters Screen USPRIME 1 Page for such Prime Rate Interest Determination Date by 3:00 P.M., New York City time, on the related Calculation Date, then the Prime Rate shall will be the arithmetic mean calculated by the Calculation Agent average of the prime rates or base lending rates quoted (on the basis of the actual number of days in the year divided by a 360-day year year) as of the close of business on such Prime Rate the Interest Determination Date by three major money center banks (which may include affiliates of one or more of in the Agents) in The City of New York selected by the Calculation Agent; provided, however, that if the calculation agent. - If fewer than three banks so selected by the Calculation Agent are not quoting as mentioned in this sentenceabove, the Prime Rate determined as of such Prime Rate Interest Determination Date will be remain the Prime Rate then in effect on such Prime Rate that Interest Determination Date.

Determination of Prime Rate. If an Interest the Base Rate Basis for this Note is the Prime Rate, as indicated --------------------------- the Base Rate that takes effect on any Interest Reset Date shall equal the face hereofrate, for the Prime Rate shall be determined as of the applicable second Business Day immediately preceding such Interest Determination Reset Date (a “the "Prime Rate ----- (Reverse of Security continued on next page) Interest Determination Date”"), as the rate on such date as such rate is published in H.15(519) under the caption “heading "Bank prime loan” or--------------------------- Prime Loan". If the Prime Rate cannot be determined as described above, if the following procedures will apply in determining the Prime Rate: (i) If the rate described above does not published appear in H.15(519) by 3:00 P.M., New York City time, on the related Calculation Date corresponding to such Prime Interest Determination Date, then the rate on Prime Rate will be the rate, for such Prime Rate Interest Determination Date Date, as published in H.15 Daily Update, Update or such other another recognized electronic source used for the purpose of displaying such that rate, under the caption “heading "Bank prime loanPrime Loan".” (ii) If such the rate is described in clause (i) above does not yet published appear in H.15(519), H.15 Daily Update or another recognized electronic source by 3:00 P.M., New York City time, on the related such Calculation Date, then the Prime Rate shall will be the arithmetic mean calculated by the Calculation Agent of the following rates as they appear on the Reuters Screen US PRIME 1 Page (as defined in Section 3(n) below): the rate of interest publicly announced by each bank appearing on that appears on the Reuters Screen USPRIME 1 Page (page as hereinafter defined) as such that bank’s 's prime rate or base lending rate rate, as of 11:00 A.M., New York City time, on such Prime Rate Interest Determination Date. . (iii) If fewer than four such of the rates so referred to in clause (ii) above appear on the Reuters Screen USPRIME US PRIME 1 Page for such Prime Rate Interest Determination Date by 3:00 P.M.Page, New York City time, on the related Calculation Date, then the Prime Rate shall will be the arithmetic mean calculated of the Prime Rates or base lending rates, as of the close of business on such Prime Interest Determination Date, of three major banks in New York City selected by the Calculation Agent. For this purpose, the Calculation Agent of the prime rates or base lending will use rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by year. (iv) If fewer than three major banks (which may include affiliates of one or more of the Agents) in The City of New York selected by the Calculation Agent; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned described in this sentenceclause (iii) above, the Prime Rate determined as of such Prime Rate Interest Determination Date will shall be the Prime Rate in effect on such Prime Rate Interest Determination Date (or, in the case of the first Interest Reset Date, the Initial Base Rate). The Base Rate determined in accordance with this Section 3(c) will be adjusted by the addition or subtraction of the Spread, if any, or by multiplying such Base Rate by the Spread Multiplier, if any.