Common use of Determination or Calculation by Note Trustee Clause in Contracts

Determination or Calculation by Note Trustee. If for any reason at any relevant time, the Agent Bank defaults in its obligation to determine the Rate of Interest for a Note or the Agent Bank defaults in its obligation to calculate any Interest Amount for such Note in accordance with subparagraph (b) above and in accordance with paragraph (c) above, the Note Trustee (or an agent on its behalf) shall determine the Rate of Interest at such rate as, in its absolute discretion (having such regard as it shall think fit to the foregoing provisions of this Condition 4), it shall deem fair and reasonable in all the circumstances or, as the case may be, the Note Trustee (or an agent on its behalf) shall calculate the Interest Amount(s) in such manner as it shall deem fair and reasonable in all the circumstances and each such determination or calculation shall be deemed to have been made by the Agent Bank.

Appears in 3 contracts

Samples: Second Supplemental Note Trust Deed, Fourth Supplemental Note Trust Deed, Third Supplemental Note Trust Deed

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Determination or Calculation by Note Trustee. If for any reason at any relevant time, the Agent Bank defaults in its obligation to determine the Rate of Interest for a Series 2011-2 Note or the Agent Bank defaults in its obligation to calculate any Interest Amount for such Series 2011-2 Note in accordance with subparagraph (b) above and in accordance with paragraph (c) above, the Note Trustee (or an agent on its behalf) shall determine the Rate of Interest at such rate as, in its absolute discretion (having such regard as it shall think fit to the foregoing provisions of this Condition 4), it shall deem fair and reasonable in all the circumstances or, as the case may be, the Note Trustee (or an agent on its behalf) shall calculate the Interest Amount(s) in such manner as it shall deem fair and reasonable in all the circumstances and each such determination or calculation shall be deemed to have been made by the Agent Bank.

Appears in 1 contract

Samples: Fourth Supplemental Note Trust Deed

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