Common use of Interest Determination, Screen Rate Determination including Fallback Clause in Contracts

Interest Determination, Screen Rate Determination including Fallback. Provisions (a) Where Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will, subject as provided below, be either: (i) the offered quotation; or (ii) the arithmetic mean (rounded if necessary to the fourth decimal place, with 0.00005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the Reference Rate which appears or appear, as the case may be, on the Relevant Screen Page as at 11.00 a.m. (Relevant Financial Centre time) on the Interest Determination Date in question plus or minus (as indicated in the applicable Final Terms) the Margin (if any), all as determined by the Agent. If five or more such offered quotations are available on the Relevant Screen Page, the highest (or, if there is more than one such highest quotation, one only of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only of such quotations) shall be disregarded by the Agent for the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. (b) If the Relevant Screen Page is not available or if, in the case of (i) above, no such offered quotation appears or, in the case of (ii) above, fewer than three such offered quotations appear, in each case as at 11.00 a.m. (Relevant Financial Centre time) the Agent shall request the principal London office of each of the Reference Banks (as defined in the Trust Deed) to provide the Agent with its offered quotation (expressed as a percentage rate per annum) for the Reference Rate at approximately 11.00 a. m. (Relevant Financial Centre time) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fourth decimal place with 0.00005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin (if any), all as determined by the Agent. (c) If on any Interest Determination Date one only or none of the Reference Banks provides the Agent with such offered quotations as provided in the preceding paragraph, the Rate of Interest for the relevant Interest Period shall be the rate per annum which the Agent determines as being the arithmetic mean (rounded if necessary to the fourth decimal place, with 0.00005 being rounded upwards) of the rates, as communicated to (and at the request of) the Agent by the Reference Banks or any two or more of them, at which such banks were offered, at approximately 11.00 a.m. (Relevant Financial Centre time) on the relevant Interest Determination Date, deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate by leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or the Stockholm inter-bank market (if the Reference Rate is XXXXXX) the inter-bank market of the Relevant Financial Centre (if any other Reference Rate is used) plus or minus (as appropriate) the Margin (if any) or, if fewer than two of the Reference Banks provide the Agent with such offered rates, the offered rate for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, or the arithmetic mean (rounded as provided above) of the offered rates for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, at which, at approximately the Specified Time on the relevant Interest Determination Date, any one or more banks (which bank or banks is or are in the opinion of the Trustee and the Issuer suitable for such purpose) informs the Agent it is quoting to leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or the Stockholm inter-bank market (if the Reference Rate is XXXXXX) or the inter-bank market of the Relevant Financial Centre (if any other Reference Rate is used) plus or minus (as appropriate) the Margin (if any), provided that, if the Rate of Interest cannot be determined in accordance with the foregoing provisions of this paragraph, the Rate of Interest shall be determined as at the last preceding Interest Determination Date (though substituting, where a different Margin is to be applied to the relevant Interest Period from that which applied to the last preceding Interest Period, the Margin relating to the relevant Interest Period, in place of the Margin relating to that last preceding Interest Period).

Appears in 2 contracts

Samples: Agency Agreement, Agency Agreement

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Interest Determination, Screen Rate Determination including Fallback. Provisions (a) Where Screen Rate Determination is specified in the applicable Final Terms or Drawdown Prospectus (as the case may be) as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will, subject as provided below, be either: (i) the offered quotationquotation (if there is only one quotation on the Relevant Screen Page); or (ii) the arithmetic mean (rounded if necessary to the fourth decimal place, with 0.00005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) ), for the Reference Rate which appears or appear, as the case may be, on the Relevant Screen Page as at 11.00 a.m. (Relevant Financial Centre London time, in the case of LIBOR, Brussels time, in the case of EURIBOR, or Bucharest time, in the case of ROBOR) on the Interest Determination Date in question plus or minus (as indicated in the applicable Final TermsTerms or Drawdown Prospectus (as the case may be)) the Margin (if any), all as determined by the Agent. If five or more such offered quotations are available on the Relevant Screen Page, the highest (or, if there is more than one such highest quotation, one only of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only of such quotations) shall be disregarded by the Agent for the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. (b) Subject as provided in Condition 6(d): (i) If the Relevant Screen Page is not available or if, if in the case of (i) abovesub-clause 8.2(a)(i), no such offered quotation appears or, in the case of (ii) abovesub-clause 8.2(a)(ii), fewer than three such offered quotations appear, in each case as at 11.00 a.m. (Relevant Financial Centre time) the time specified in the preceding sub-clause the Agent shall request the principal London office of each of the Reference Banks (as defined in the Trust Deed) to provide the Agent with its offered quotation (expressed as a percentage rate per annum) for the Reference Rate at approximately 11.00 a. m. 11.00 a.m. (Relevant Financial Centre London time, in the case of a determination of LIBOR, Brussels time, in the case of a determination of EURIBOR, or Bucharest time, in the case of a determination of ROBOR) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fourth decimal place with 0.00005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin (if any), all as determined by the Agent. (cii) If on any Interest Determination Date one only or none of the Reference Banks provides the Agent with such offered quotations quotation as provided in the preceding paragraphsub-clause, the Rate of Interest for the relevant Interest Period shall be the rate per annum which the Agent determines as being the arithmetic mean (rounded if necessary to the fourth decimal place, with 0.00005 being rounded upwards) of the rates, as communicated to (and at the request of) the Agent by the Reference Banks or any two or more of them, at which such banks were offered, at approximately 11.00 a.m. (Relevant Financial Centre London time, in the case of a determination of LIBOR, Brussels time, in the case of a determination of EURIBOR, or Bucharest time, in the case of a determination of ROBOR) on the relevant Interest Determination Date, deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate by leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or ), the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or the Stockholm Romanian inter-bank market (if the Reference Rate is XXXXXX) the inter-bank market of the Relevant Financial Centre (if any other Reference Rate is usedROBOR) plus or minus (as appropriate) the Margin (if any) or, if fewer than two of the Reference Banks provide the Agent with such offered rates, the offered rate for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, or the arithmetic mean (rounded as provided above) of the offered rates for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, at which, at approximately 11.00 a.m. (London time, in the Specified Time case of a determination of LIBOR, Brussels time, in the case of a determination of EURIBOR or Bucharest time, in the case of a determination of ROBOR) on the relevant Interest Determination Date, any one or more banks (which bank or banks is or are in the opinion of the Trustee and the relevant Issuer suitable for such purpose) informs the Agent it is quoting to leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or ), the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or the Stockholm Romanian inter-bank market (if the Reference Rate is XXXXXX) or the inter-bank market of the Relevant Financial Centre (if any other Reference Rate is usedROBOR) plus or minus (as appropriate) the Margin (if any), provided that, if the Rate of Interest cannot be determined in accordance with the foregoing provisions of this paragraph, the Rate of Interest shall be determined as at the last preceding Interest Determination Date (though substituting, where a different Margin is to be applied to the relevant Interest Period from that which applied to the last preceding Interest Period, the Margin relating to the relevant Interest Period, in place of the Margin relating to that last preceding Interest Period). (c) If the Reference Rate from time to time in respect of Floating Rate Notes is specified in the applicable Final Terms or Drawdown Prospectus (as the case may be) as being other than LIBOR, EURIBOR or ROBOR, the Rate of Interest in respect of such Notes will be determined as provided in the applicable Final Terms or Drawdown Prospectus (as the case may be). (d) In the case of Exempt Notes, if the Reference Rate from time to time in respect of Floating Rate Notes is specified in the applicable Pricing Supplement as being other than LIBOR, EURIBOR or ROBOR, the Rate of Interest in respect of the Notes will be determined as provided in the applicable Pricing Supplement.

Appears in 1 contract

Samples: Fiscal Agency Agreement

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Interest Determination, Screen Rate Determination including Fallback. Provisions (a) Where Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will, subject as provided below, be either: (i) the offered quotation; or (ii) (the arithmetic mean (rounded if necessary to the fourth fifth decimal place, with 0.00005 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) ), for the Reference Rate which appears or appear, as the case may be, on the Relevant Screen Page as at 11.00 a.m. (Relevant Financial Centre time) the Specified Time on the Interest Determination Date in question plus or minus (as indicated in the applicable Final Terms) the Margin (if any), all as determined by the Principal Paying Agent. If five or more such offered quotations are available on the Relevant Screen Page, the highest (or, if there is more than one such highest quotation, one only of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only of such quotations) shall be disregarded by the Principal Paying Agent for the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. (b) If the Relevant Screen Page is not available or if, in the case of (i) abovesubclause 7.2(a)(i), no such offered quotation appears or, in the case of (ii) abovesubclause 7.2(a)(ii), fewer than three such offered quotations appear, in each case as at 11.00 a.m. the time specified in subclause 7.2 (Relevant Financial Centre timea) the Principal Paying Agent shall request the principal London office of each of the Reference Banks (as defined in the Trust Deed) to provide the Principal Paying Agent with its offered quotation (expressed as a percentage rate per annum) for the Reference Rate at approximately 11.00 a. m. (Relevant Financial Centre time) the Specified Time on the Interest Determination Date in question. If two or more of the Reference Banks provide the Principal Paying Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fourth fifth decimal place with 0.00005 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin (if any), all as determined by the Principal Paying Agent. (c) If on any Interest Determination Date one only or none of the Reference Banks provides the Principal Paying Agent with such offered quotations as provided in the preceding paragraph, the Rate of Interest for the relevant Interest Period shall be the rate per annum which the Principal Paying Agent determines as being the arithmetic mean (rounded if necessary to the fourth fifth decimal place, with 0.00005 0.000005 being rounded upwards) of the rates, as communicated to (and at the request of) the Principal Paying Agent by the Reference Banks or any two or more of them, at which such banks were offered, at approximately 11.00 a.m. (Relevant Financial Centre time) the Specified Time on the relevant Interest Determination Date, deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate by leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or ), the Stockholm Tokyo inter-bank market (if the Reference Rate is XXXXXX) TIBOR), the Hong Kong inter- bank market (if the Reference Rate is HIBOR), the Prague inter-bank market of the Relevant Financial Centre (if any other the Reference Rate is usedPRIBOR), the Canadian inter-bank market (if the Reference Rate is CDOR) or the Australian inter-bank market (if the Reference Rate is BBSW) plus or minus (as appropriate) the Margin (if any) or, if fewer than two of the Reference Banks provide the Principal Paying Agent with such offered rates, the offered rate for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, or the arithmetic mean (rounded as provided above) of the offered rates for deposits in the Specified Currency for a period equal to that which would have been used for the Reference Rate, at which, at approximately the Specified Time on the relevant Interest Determination Date, any one or more banks (which bank or banks is or are in the opinion of the Trustee and the relevant Issuer suitable for such purpose) informs the Principal Paying Agent it is quoting to leading banks in the London inter-bank market (if the Reference Rate is LIBOR) or the Euro-zone inter-bank market (if the Reference Rate is EURIBOR) or ), the Stockholm Tokyo inter-bank market (if the Reference Rate is XXXXXX) or TIBOR), the Hong Kong inter-bank market of the Relevant Financial Centre (if any other the Reference Rate is usedHIBOR), the Prague inter-bank market (if the Reference Rate is PRIBOR), the Canadian inter-bank market (if the Reference Rate is CDOR) or the Australian inter-bank market (if the Reference Rate is BBSW) plus or minus (as appropriate) the Margin (if any), provided that, if the Rate of Interest cannot be determined in accordance with the foregoing provisions of this paragraph, the Rate of Interest shall be determined as at the last preceding Interest Determination Date (though substituting, where a different Margin is to be applied to the relevant Interest Period from that which applied to the last preceding Interest Period, the Margin relating to the relevant Interest Period, in place of the Margin relating to that last preceding Interest Period).

Appears in 1 contract

Samples: Agency Agreement

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