Common use of Discontinuance of the Index Clause in Contracts

Discontinuance of the Index. (a) If STOXX discontinues publication of the Index and STOXX or another entity publishes a successor or substitute index (the "Successor Index") that the Calculation Agent determines, in its sole discretion exercised in good faith, to be comparable to the discontinued Index, then the Calculation Agent shall determine each subsequent Closing Index Level to be used in computing the Maturity Payment Amount by reference to the Closing Index Level of such Successor Index on the applicable date.

Appears in 5 contracts

Samples: Calculation Agency Agreement (Lehman Brothers Holdings Inc), Calculation Agency Agreement (Lehman Brothers Holdings Inc), Calculation Agency Agreement (Lehman Brothers Holdings Inc)

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