Fallback provisions. Subject to Condition 3.2(e), where €STR is specified as the Reference Rate in the applicable Final Terms, if, in respect of any TARGET Business Day in the relevant Observation Period or the relevant Interest Period, as applicable, the Agent (or such other party responsible for the calculation of the Rate of Interest, as specified in the applicable Final Terms) determines that the €STR is not available, such €STR shall be the €STR for the first preceding TARGET Business Day in respect of which €STR was published on the Website of the European Central Bank, and €STR shall be interpreted accordingly. In the event that the Rate of Interest cannot be determined in accordance with the foregoing provisions, the Rate of Interest shall be:
Fallback provisions. Subject to Condition 3.2(d), where €STR is specified as the Reference Rate in the applicable Final Terms, if, in respect of any T2 Business Day in the relevant Observation Period or the relevant Interest Period, as applicable, the Agent (or such other party responsible for the calculation of the Rate of Interest, as specified in the applicable Final Terms) determines that the €STR is not available, such €STR shall be the €STR for the first preceding T2 Business Day in respect of which €STR was published on the Website of the European Central Bank, and €STR shall be interpreted accordingly. In the event that the Rate of Interest cannot be determined in accordance with the foregoing provisions, the Rate of Interest shall be:
(I) that determined as at the last preceding Interest Determination Date (though substituting, where a different Margin, Maximum Rate of Interest and/or Minimum Rate of Interest is to be applied to the relevant Interest Period from that which applied to the last preceding Interest Period, the Margin, Maximum Rate of Interest and/or Minimum Rate of Interest (as the case may be) relating to the relevant Interest Period, in place of the Margin, Maximum Rate of Interest and/or Minimum Rate of Interest (as applicable) relating to that last preceding Interest Period); or
(II) if there is no such preceding Interest Determination Date, the initial Rate of Interest which would have been applicable to the Notes for the first scheduled Interest Period had the Notes been in issue for a period equal in duration to the first scheduled Interest Period but ending on (and excluding) the Interest Commencement Date (and applying the Margin and, if applicable, any Maximum Rate of Interest and/or Minimum Rate of Interest, applicable to the first scheduled Interest Period).
Fallback provisions. 6.1 If and to the extent that the Spin-off Assets are not already transferred to 4bb SE by law upon registration of the Spin-off, 4bb AG shall transfer them to 4bb SE without undue delay and 4bb SE shall consent to such transfer. Internally, the Parties shall deem the transfer to economically have occurred as of the Spin-off Date.
6.2 The Parties will provide each other, both before and after the Spin-off becomes effective, with all information and documents concerning the Spin-off Assets which they require for accounting in accordance with IFRS or local accounting principles and for publications which they are obliged to make in accordance with law, administrative regulations, stock exchange rules and orders of administrative authorities, courts or stock exchanges in Germany and abroad.
Fallback provisions. If, subject to Condition (e), as at any relevant SOFR Determination Time, the relevant SOFR Index is not published or displayed on the SOFR Administrator s Website by the SOFR Administrator, the Compounded SOFR for the applicable Interest Period for which the relevant SOFR Index is not available shall be deemed to be the Compounded Daily SOFR for such Interest Period determined in accordance with Condition (b)(ii)(D) above as if Index Determination specified in the applicable Final Terms as being Not Applicable , and for these purposes: (i) the Observation Method shall be deemed to be Observation Shift and (ii) the Observation Shift Period shall be deemed to be equal to the Relevant Number of U.S. Government Securities Business Days, as if such alternative elections had been made in the applicable Final Terms.
Fallback provisions. If, subject to Condition 5(e), as at any relevant SOFR Determination Time, the relevant SOFR Index is not published or displayed on the SOFR Administrator's Website by the SOFR Administrator, the Compounded SOFR for the applicable Interest Period for which the relevant SOFR Index is not available shall be deemed to be the "Compounded Daily SOFR" for such Interest Period determined in accordance with Condition 5(b)(ii)(D) above as if "Index Determination" were specified in the applicable Final Terms or, as the case may be, the applicable Pricing Supplement, as being "Not Applicable", and for these purposes: (i) the "Observation Method" shall be deemed to be "Observation Shift" and (ii) the "Observation Shift Period" shall be deemed to be equal to the Relevant Number of U.S. Government Securities Business Days, as if such alternative elections had been made in the applicable Final Terms or, as the case may be, the applicable Pricing Supplement.
