Common use of Screen Rate Determination Clause in Contracts

Screen Rate Determination. 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 be, subject as provided below, either: (1) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page”)), whatever its designation; or (2) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) plus or minus (as indicated in the applicable Final Terms) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1) above, no such offered quotation appears or, in the case of (2) above, fewer than two such offered quotations appear, in each case at the time specified in the preceding paragraph, the Calculation Agent, at its sole discretion, shall request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, 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

Sources: Agency Agreement (Bank of America Corp /De/), Agency Agreement (Bank of America Corp /De/)

Screen Rate Determination. Where If Screen Rate Determination is specified in the applicable Final Loan Transaction Terms as the manner in which the Interest Rate of Interest is to be determined, the Interest Rate of Interest applicable to the Floating Advance for each Loan Interest Period will be, subject be determined by the Agent Bank as provided below, either: (1a) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page”)), whatever its designationquotation; or (2b) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (Reference Rate as specified in the “Reference Rate”) by reference to the Rate of Interest Loan Transaction Terms which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other replacement page on that service which displays the information) as is specified in the applicable Final Terms) at 11:00 11.00 a.m. (London time time, in the case of LIBOR, or Brussels time time, in the case of EuriborEURIBOR) (or at such other time specified in the Loan Transaction Terms) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question plus or minus (as indicated specified in the applicable Final Loan Transaction Terms) the Margin, Margin (if any), all as determined by the Calculation AgentAgent Bank. If five or more of such offered quotations are available on the Relevant Screen Page, the highest (or, if there is more than one such highest quotation, one only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Agent Bank for purposes the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. If In the event of the Relevant Screen Page is not available or if, in the case of (1a) above, no such offered quotation appears or, in the case of (2b) above, fewer than two three such offered quotations appear, in each case as at the time specified in the preceding paragraph, the Calculation Agent, at its sole discretion, shall request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none Agent Bank in accordance with the calculation of the Reference Banks provides equivalent rate of interest in respect of the Calculation Agent with such offered quotations as provided corresponding Notes. Unless otherwise stated in the preceding paragraph, applicable Loan Transaction Terms the Rate of Interest for the relevant Interest Period shall be the rate per annum which the Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Minimum Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, 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 deemed 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)zero.

Appears in 1 contract

Sources: Loan Facility Agreement

Screen Rate Determination. 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 be, subject as provided below, either: (1) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page”)), whatever its designation; or (2) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, ; (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Reuter Monitor Money Rates Service or the appropriate display on Moneyline Telerate, Inc. (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) plus or minus (as indicated in the applicable Final Terms) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1) above, no such offered quotation appears or, in the case of (2) above, fewer than two such offered quotations appear, in each case at the time specified in the preceding paragraph, the Calculation Agent, at its sole discretion, shall request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, 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

Sources: Agency Agreement (Bank of America Corp /De/)

Screen Rate Determination. Where If Screen Rate Determination is specified in the applicable relevant Final Terms as the manner in which the Rate Rate(s) of Interest is is/are to be determined, the Rate of Interest applicable to the Notes for each Interest Period will bebe (other than in respect of Notes for which ▇▇▇▇▇, subject SOFR and/or €STR or any related index is specified as provided below, eitherthe Reference Rate in the relevant Final Terms) determined by the Calculation Agent on the following basis: (1i) if the offered Reference Rate is a composite quotation (if there is only or customarily supplied by one quotation entity, the Calculation Agent will determine the Reference Rate which appears on the Relevant Screen Page as of the Relevant Time on the relevant screen page Interest Determination Date; (ii) if Linear Interpolation is specified as applicable in respect of an Interest Period in the applicable Final Terms, the Rate of Interest for such Interest Period shall be calculated by the Calculation Agent by straight-line linear interpolation by reference to two rates based on the relevant Reference Rate (where Screen Rate Determination is specified as applicable in the applicable Final Terms), which appear on the Relevant Screen Page”))Page as of the Relevant Time on the relevant Interest Determination Date, whatever its designation; orwhere: (2A) one rate shall be determined as if the Designated Maturity were the period of time for which rates are available next shorter than the length of the relevant Interest Period; and (B) the other rate shall be determined as if the Designated Maturity were the period of time for which rates are available next longer than the length of the relevant Interest Period ''Designated Maturity'' means, in relation to Screen Rate Determination, the period of time designated in the Reference Rate; (iii) in any other case, the Calculation Agent will determine the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest Rates which appears or appear, as the case may be, appear on the Relevant Screen Page on which as of the Reference Rate is for the time being displayed Relevant Time on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “relevant Interest Determination Date; (iv) plus or minus (as indicated in the applicable Final Terms) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1i) above, no such offered quotation appears rate does not appear on that page or, in the case of (2iii) above, fewer than two such offered quotations appearrates appear on that page or if, in each case at the time specified in the preceding paragrapheither case, the Calculation AgentRelevant Screen Page is unavailable, at its sole discretion, shall the Issuer will: (A) request the principal London Relevant Financial Centre office of each of the Reference Banks (as defined herein) to provide a quotation of the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Reference Rate at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the Interest Determination Date to prime banks in question. If two or more of the Reference Banks Relevant Financial Centre interbank market in an amount that is representative for a single transaction in that market at that time; and (B) provide such quotations to the Calculation Agent with who shall determine the arithmetic mean of such offered quotations; and (v) if fewer than two such quotations are provided as requested, the Calculation Agent will determine the arithmetic mean of the rates (being the nearest to the Reference Rate, as determined by the Calculation Agent) quoted by major banks in the Principal Financial Centre of the Specified Currency, requested and selected by the Issuer, at approximately 11.00 a.m. (local time in the Principal Financial Centre of the Specified Currency) on the first day of the relevant Interest Period for loans in the Specified Currency to leading European banks for a period equal to the relevant Interest Period and in an amount that is representative for a single transaction in that market at that time, and the Rate of Interest for such Interest Period shall be the sum of the Margin and the rate or (as the case may be) the arithmetic mean (rounded so determined; provided, however, that if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation Agent is unable to determine a rate or (as the case may be) an arithmetic mean in accordance with such offered quotations as provided the above provisions in the preceding paragraphrelation to any Interest Period, the Rate of Interest for applicable to the relevant Notes during such Interest Period shall will be the sum of the Margin and the rate per annum which or (as the Calculation Agent determines to be case may be) the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any, provided that if the Rate of Interest cannot be last 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 relation to the relevant Interest Period from that which applied to the last Notes in respect of a 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

Sources: Agency Agreement

Screen Rate Determination. 11.1.1 Where Screen Rate Determination is specified in the applicable Final Terms Applicable Pricing Supplement as the manner in which the Interest Rate of Interest is to be determined, the Interest Rate of Interest for each Interest Period will bewill, subject save as provided below, either:be either - (1) 11.1.1.1 the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page)), whatever its designation; or (2) 11.1.1.2 the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 0.00005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service as at 12h00 (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question plus or minus (as indicated in the applicable Final TermsApplicable Pricing Supplement) the Margin, Margin (if any), all as determined by the Calculation 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 one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Agent for purposes the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. . 11.1.2 If the Relevant Screen Page is not available or if, in the case of (1) clause 11.1.1.1 above, no such offered quotation appears or, in the case of (2) 11.1.1.2 above, fewer than two three such offered quotations appear, in each case as at the time specified in the preceding paragraph, clause the Calculation Agent, at its sole discretion, Agent shall request the principal London Johannesburg office of each of the Reference Banks (as defined hereinbelow) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Reference Rate at approximately 11:00 a.m. 12h00 (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Interest Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, place with 0.000005 0.00005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, Margin (if any), all as determined by the Calculation Agent. . 11.1.3 If on any the Interest Determination Date only one or none Rate cannot be determined by applying the provisions of the Reference Banks provides the Calculation Agent with such offered quotations as provided in the preceding paragraphclauses 11.1.1 and 11.1.2 above, the Interest Rate of Interest for the relevant Interest Period shall be the rate per annum which the Calculation Agent determines to be as being the arithmetic mean (rounded as provided aboveif necessary to the fifth decimal place, with 0.00005 being rounded upwards) of the rates, as communicated to (and at the request of) the Calculation Agent by the Reference Banks or any two or more of the Reference Banksthem, at which such banks were offered, at approximately 11:00 a.m. 12h00 (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the relevant Interest Determination Date, deposits in an amount approximately equal to the Specified Currency nominal amount of the Notes of the relevant Series, for a period equal to that which would have been used for the relevant Interest Period by leading Reference Rate to prime banks in the London interbank Johannesburg inter-bank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, Margin (if any). If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotationsrates, the Interest Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or Period will be determined by the Calculation Agent as the arithmetic mean (rounded as provided above) of the offered quotations rates for deposits in an amount approximately equal to the Specified Currency nominal amount of the Notes of the relevant Series, for a period equal to that which would have been used for the relevant Interest PeriodReference Rate, at which, quoted at approximately 11:00 a.m. (London 12h00 Johannesburg time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more by four leading banks informs in Johannesburg (selected by the Calculation Agent it is quoting to leading banks in and approved by the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Issuer) plus or minus (as appropriate) the Margin, Margin (if any, provided that if ). If the Interest Rate of Interest cannot be determined in accordance with the foregoing provisions of this paragraphclause, the Interest 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). 11.1.4 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 ZAR-JIBAR-SAFEX, the Interest Rate in respect of such Notes will be determined as provided in the Applicable Pricing Supplement.

Appears in 1 contract

Sources: Agency Agreement (Gold Fields LTD)

Screen Rate Determination. Where If Screen Rate Determination is specified in the applicable relevant Final Terms as the manner in which the Rate Rate(s) of Interest is is/are to be determined, the Rate of Interest applicable to the Notes for each Interest Period will bebe (other than in respect of Notes for which ▇▇▇▇▇, subject SOFR and/or €STR or any related index is specified as provided below, eitherthe Reference Rate in the relevant Final Terms) determined by the Calculation Agent on the following basis: (1i) if the offered Reference Rate is a composite quotation (if there is only or customarily supplied by one quotation entity, the Calculation Agent will determine the Reference Rate which appears on the Relevant Screen Page as of the Relevant Time on the relevant screen page Interest Determination Date; (ii) if Linear Interpolation is specified as applicable in respect of an Interest Period in the applicable Final Terms, the Rate of Interest for such Interest Period shall be calculated by the Calculation Agent by straight- line linear interpolation by reference to two rates based on the relevant Reference Rate (where Screen Rate Determination is specified as applicable in the applicable Final Terms), which appear on the Relevant Screen Page”))Page as of the Relevant Time on the relevant Interest Determination Date, whatever its designation; orwhere: (2A) one rate shall be determined as if the Designated Maturity were the period of time for which rates are available next shorter than the length of the relevant Interest Period; and (B) the other rate shall be determined as if the Designated Maturity were the period of time for which rates are available next longer than the length of the relevant Interest Period ''Designated Maturity'' means, in relation to Screen Rate Determination, the period of time designated in the Reference Rate; (iii) in any other case, the Calculation Agent will determine the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest Rates which appears or appear, as the case may be, appear on the Relevant Screen Page on which as of the Reference Rate is for the time being displayed Relevant Time on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “relevant Interest Determination Date; (iv) plus or minus (as indicated in the applicable Final Terms) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1i) above, no such offered quotation appears rate does not appear on that page or, in the case of (2iii) above, fewer than two such offered quotations appearrates appear on that page or if, in each case at the time specified in the preceding paragrapheither case, the Calculation AgentRelevant Screen Page is unavailable, at its sole discretion, shall the Issuer will: (A) request the principal London Relevant Financial Centre office of each of the Reference Banks (as defined herein) to provide a quotation of the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Reference Rate at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the Interest Determination Date to prime banks in question. If two or more of the Reference Banks Relevant Financial Centre interbank market in an amount that is representative for a single transaction in that market at that time; and (B) provide such quotations to the Calculation Agent with who shall determine the arithmetic mean of such offered quotations; and (v) if fewer than two such quotations are provided as requested, the Calculation Agent will determine the arithmetic mean of the rates (being the nearest to the Reference Rate, as determined by the Calculation Agent) quoted by major banks in the Principal Financial Centre of the Specified Currency, requested and selected by the Issuer, at approximately 11.00 a.m. (local time in the Principal Financial Centre of the Specified Currency) on the first day of the relevant Interest Period for loans in the Specified Currency to leading European banks for a period equal to the relevant Interest Period and in an amount that is representative for a single transaction in that market at that time, and the Rate of Interest for such Interest Period shall be the sum of the Margin and the rate or (as the case may be) the arithmetic mean (rounded so determined; provided, however, that if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation Agent is unable to determine a rate or (as the case may be) an arithmetic mean in accordance with such offered quotations as provided the above provisions in the preceding paragraphrelation to any Interest Period, the Rate of Interest for applicable to the relevant Notes during such Interest Period shall will be the sum of the Margin and the rate per annum which or (as the Calculation Agent determines to be case may be) the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any, provided that if the Rate of Interest cannot be last 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 relation to the relevant Interest Period from that which applied to the last Notes in respect of a 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

Sources: Agency Agreement

Screen Rate Determination. Where Floating Rate Notes referencing EURIBOR: If Screen Rate Determination is specified in the applicable relevant Final Terms as the manner in which the Rate Rate(s) of Interest is is/are to be determined, the Rate of Interest applicable to the Notes for each Interest Period will be, subject as provided below, eitherbe determined by the Calculation Agent on the following basis: (1i) if the offered Reference Rate is a composite quotation (if there is only or customarily supplied by one quotation on entity, the relevant screen page (Calculation Agent will determine the “Relevant Screen Page”)), whatever its designation; or (2) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which as of the Reference Rate is for the time being displayed Relevant Time on the ▇▇▇▇▇▇ Monitor Money Rates Service relevant Interest Determination Date; (or such other service as ii) if Linear Interpolation is specified as applicable in respect of an Interest Period in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) plus or minus (as indicated in the applicable Final Terms) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1) above, no such offered quotation appears or, in the case of (2) above, fewer than two such offered quotations appear, in each case at the time specified in the preceding paragraph, the Calculation Agent, at its sole discretion, shall request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined calculated by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more straight-line linear interpolation by reference to 2 rates which appear on the Relevant Screen Page as of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the relevant Interest Determination Date, deposits in where: (A) one rate shall be determined as if the Specified Currency relevant period were the period of time for which rates are available next shorter than the length of the relevant Interest Period by leading banks in Period; and (B) the London interbank market in other rate shall be determined as if the relevant period were the period of time for which rates are available next longer than the length of the relevant Interest Period; provided, however, that if no rate is available for a period of time next shorter or, as the case may be, next longer than the length of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or then the Financial Adviser (as defined below) shall determine such rate at such time and by reference to such sources as it determines appropriate; (iii) in any other case, the Calculation Agent will determine the arithmetic mean (rounded as provided above) of the offered quotations for deposits in Reference Rates which appear on the Specified Currency for Relevant Screen Page as of the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the relevant Interest Determination Date; (iv) if, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market (i) above, such rate does not appear on that page or, in the case of Euribor(iii) above, plus fewer than 2 such rates appear on that page or minus if, in either case, the Relevant Screen Page is unavailable, the Calculation Agent will: (A) upon the Issuer’s request, to the extent legally and practicably possible, assist the Issuer with requesting the principal Relevant Financial Centre office of each of the Reference Banks to provide a quotation of the Reference Rate at approximately the Relevant Time on the Interest Determination Date to prime banks in the Relevant Financial Centre interbank market in an amount that is representative for a single transaction in that market at that time; and (B) determine the arithmetic mean of such quotations; and (v) if fewer than 2 such quotations are provided as appropriaterequested, the Calculation Agent will determine the arithmetic mean of the rates (being the nearest to the Reference Rate, as determined by the Calculation Agent) quoted by major banks in the MarginPrincipal Financial Centre of the Specified Currency, if anyselected by the Issuer, provided at approximately 11.00 a.m. (Brussels time) on the first day of the relevant Interest Period for loans in the Specified Currency to leading European banks for a period equal to the relevant Interest Period and in an amount that if is representative for a single transaction in that market at that time, and the Rate of Interest cannot for such Interest Period shall be determined the sum of the Margin and the rate or (as the case may be) the arithmetic mean so determined; provided, however, that if the Calculation Agent is unable to determine a rate or (as the case may be) an arithmetic mean in accordance with the foregoing above provisions of this paragraphin relation to any Interest Period, 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 applicable to the relevant Notes during such Interest Period from that which applied will be the sum of the Margin and the rate or (as the case may be) the arithmetic mean last determined in relation to the last Notes in respect of a 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

Sources: Fiscal Agency Agreement

Screen Rate Determination. Where Screen Rate Determination is specified in the applicable Final Terms Pricing Supplement as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will bewill, subject as provided below, be either:: -------------------------------------------------------------------------------- 63 -------------------------------------------------------------------------------- (1A) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page)), whatever its designation; or (2B) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for deposits in the rate (Specified Currency for the “Reference Rate”) by reference to the Rate of relevant Interest Period which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other service as is specified in the applicable Final Terms) at 11:00 11.00 a.m. (London time time, in the case of LIBOR, or Brussels time time, in the case of EuriborEURIBOR) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question plus or minus (as indicated in the applicable Final TermsPricing Supplement) the Margin, Margin (if any), all as determined by the Calculation 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 one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Agent for purposes the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. If The Note Issuance Agreement contains provisions for determining the Rate of Interest in the event that the Relevant Screen Page is not available or if, in the case of (1A) above, no such offered quotation appears or, in the case of (2B) above, fewer than two three such offered quotations appear, in each case as at the time specified in the preceding paragraph. Alternatively, provisions dealing with this may be included in the Calculation Agent, at its sole discretion, shall request the principal London office of each of applicable Pricing Supplement. If the Reference Banks (as defined herein) Rate from time to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits time in respect of Floating Rate Notes is specified in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of applicable Pricing Supplement as being other than LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotationsEURIBOR, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) in respect of such offered quotations plus or minus (as appropriate) the Margin, if any, all as Notes will be determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, 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)applicable Pricing Supplement.

Appears in 1 contract

Sources: Note Issuance Agreement (Bear Stearns Companies Inc)

Screen Rate Determination. Where Screen Rate Determination is specified in the applicable Final Terms Pricing Supplement as the manner in which the Rate of Interest is to be determineddetermined (“Screen Rate Determination”), the Rate of Interest for each Interest Period will be, subject as provided below, either: (1) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page”)), whatever its designation; or (2) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, ; (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to which the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Reuter Monitor Money Rates Service or the appropriate display on Bridge Telerate, Inc. (or such other service as is specified in the applicable Final TermsPricing Supplement) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) plus or minus (as indicated in the applicable Final TermsPricing Supplement) the Margin, if any, all as determined by the Calculation 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, only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, only one of such quotations) shall be disregarded by the Calculation Agent for purposes of determining the arithmetic mean of such offered quotations. If the Relevant Screen Page is not available or if, in the case of (1) above, no such offered quotation appears or, in the case of (2) above, fewer than two three such offered quotations appear, in each case at the time specified in the preceding paragraph, the Calculation Agent, Agent shall at its sole discretion, shall discretion request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal placenecessary, with 0.000005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, if any, all as determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any, provided that 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

Sources: Agency Agreement (Bank of America Corp /De/)

Screen Rate Determination. Where Screen Rate Determination is specified in the applicable Final Terms Pricing Supplement as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will bewill, subject as provided below, be either: (1A) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page)), whatever its designation; or (2B) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for deposits in the rate (Specified Currency for the “Reference Rate”) by reference to the Rate of relevant Interest Period which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other service as is specified in the applicable Final Terms) at 11:00 11.00 a.m. (London time time, in the case of LIBOR, or Brussels time time, in the case of EuriborEURIBOR) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question plus or minus (as indicated in the applicable Final TermsPricing Supplement) the Margin, Margin (if any), all as determined by the Calculation 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 one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Agent for purposes the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. If The Note Issuance Agreement contains provisions for determining the Rate of Interest in the event that the Relevant Screen Page is not available or if, in the case of (1A) above, no such offered quotation appears or, in the case of (2B) above, fewer than two three such offered quotations appear, in each case as at the time specified in the preceding paragraph. Alternatively, provisions dealing with this may be included in the Calculation Agent, at its sole discretion, shall request the principal London office of each of applicable Pricing Supplement. If the Reference Banks (as defined herein) Rate from time to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits time in respect of Floating Rate Notes is specified in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of applicable Pricing Supplement as being other than LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotationsEURIBOR, the Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) in respect of such offered quotations plus or minus (as appropriate) the Margin, if any, all as Notes will be determined by the Calculation Agent. If on any Interest Determination Date only one or none of the Reference Banks provides the Calculation 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 Calculation Agent determines to be the arithmetic mean (rounded as provided above) of the rates, as communicated to (and at the request of) the Calculation Agent by any two or more of the Reference Banks, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, deposits in the Specified Currency for the relevant Interest Period by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, if any. If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotations, the Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or the arithmetic mean (rounded as provided above) of the offered quotations for deposits in the Specified Currency for the relevant Interest Period, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) on the relevant Interest Determination Date, any one or more banks informs the Calculation Agent it is quoting to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, 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)applicable Pricing Supplement.

Appears in 1 contract

Sources: Supplemental Note Issuance Agreement (Bear Stearns Companies Inc)

Screen Rate Determination. 15.1.1 Where Screen Rate Determination is specified in the applicable Final Terms Applicable Pricing Supplement as the manner in which the Interest Rate of Interest is to be determined, the Interest Rate of Interest for each Interest Period will bewill, subject save as provided below, either:be either - (1) 15.1.1.1 the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page)), whatever its designation; or (2) 15.1.1.2 the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 0.00005 being rounded upwards) of the offered quotations, (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service as at 12h00 (or such other service as is specified in the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question, plus or minus (as indicated specified in the applicable Final TermsApplicable Pricing Supplement) the Margin, Margin (if any), all as determined by the Calculation 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 one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Transfer Agent for purposes the purpose of determining the arithmetic mean (rounded as provided above) of such offered quotations. . 15.1.2 If the Relevant Screen Page is not available or if, in the case of (1) above15.1.1.1, no such offered quotation appears or, in the case of (2) above15.1.1.2, fewer than two three such offered quotations appear, in each case as at the time specified in the preceding paragraph, the Calculation Agent, at its sole discretion, Agent shall request the principal London Johannesburg office of each of the Reference Banks (as defined herein) to provide the Calculation Agent with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Reference Rate at approximately 11:00 a.m. 12h00 (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the Interest Determination Date in question. If two or more of the Reference Banks provide the Calculation Agent with such offered quotations, the Interest Rate of Interest for such Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, place with 0.000005 0.00005 being rounded upwards) of such offered quotations plus or minus (as appropriate) the Margin, Margin (if any), all as determined by the Calculation Agent. . 15.1.3 If on any the Interest Determination Date only one or none Rate cannot be determined by applying the provisions of the Reference Banks provides the Calculation Agent with such offered quotations as provided in the preceding paragraphclauses 15.1.1 and 15.1.2, the Interest Rate of Interest for the relevant Interest Period shall be the rate per annum which the Calculation Agent determines to be as being the arithmetic mean (rounded as provided aboveif necessary to the fifth decimal place, with 0.00005 being rounded upwards) of the rates, as communicated to (and at the request of) the Calculation Agent by the Reference Banks or any two or more of the Reference Banksthem, at which such banks were offered, at approximately 11:00 a.m. 12h00 (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the relevant Interest Determination Date, in respect of deposits in an amount approximately equal to the Specified Currency nominal amount of the Notes of the relevant Series for a period equal to that which would have been used for the relevant Interest Period by leading Reference Rate to prime banks in the London interbank Johannesburg inter-bank market in the case of LIBOR, or leading banks in the Euro-Zone interbank market in the case of Euribor, plus or minus (as appropriate) the Margin, Margin (if any). If fewer than two of the Reference Banks provide the Calculation Agent with such offered quotationsrates, the Interest Rate of Interest shall be the offered quotation for deposits in the Specified Currency for the relevant Interest Period, or Period will be determined by the Calculation Agent as the arithmetic mean (rounded as provided above) of the offered quotations rates for deposits in an amount approximately equal to the Specified Currency nominal amount of the Notes of the relevant Series, for a period equal to that which would have been used for the relevant Interest PeriodReference Rate, at which, quoted at approximately 11:00 a.m. 12h00 (London time in the case of LIBOR, or Brussels time in the case of EuriborJohannesburg time) on the relevant Interest Determination Date, any one or more by four leading banks informs in Johannesburg (selected by the Calculation Agent it is quoting to leading banks in and approved by the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Issuer) plus or minus (as appropriate) the Margin, Margin (if any, provided that if ). If the Interest Rate of Interest cannot be determined in accordance with the foregoing provisions of this paragraphclause, the Interest 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). 15.1.4 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 ZAR-JIBAR-SAFEX, the Interest Rate in respect of such Notes will be determined as provided in the Applicable Pricing Supplement.

Appears in 1 contract

Sources: Agency Agreement (Gold Fields LTD)

Screen Rate Determination. ‌ (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, and unless Condition 11.5, 11.6, 11.7, 11.8, 11.9 or 11.10 applies, the Rate of Interest for each Interest Period will bewill, subject as provided below, be either: (1i) the offered quotation (if there is only one quotation on the relevant screen page (the “Relevant Screen Page”)), whatever its designationquotation; oror‌ (2ii) the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the offered quotations, quotations,‌ (expressed as a percentage rate per annum) for the rate (the “Reference Rate”) by reference to the Rate of Interest which appears or appear, as the case may be, on the Relevant Screen Page on which the Reference Rate is for the time being displayed on the ▇▇▇▇▇▇ Monitor Money Rates Service (or such other replacement page on that service which displays the information) as is specified in at the applicable Final Terms) at 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the dates on which the Rate of Interest is to be determined (each, an “Interest Determination Date”) Date in question plus or minus (as indicated in the applicable Final Terms) the Margin, Margin (if any), all as determined by the Calculation Issue and Paying Agent. If five or more of such offered quotations are available on the Relevant Screen Page, the highest (or, if there is more than one such highest quotation, one only one of such quotations) and the lowest (or, if there is more than one such lowest quotation, one only one of such quotations) shall be disregarded by the Calculation Issue and Paying Agent for purposes 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 (1Condition 11.4(a)(i) above, no such offered quotation appears or, in the case of (2Condition 11.4(a)(ii) above, fewer than two such three offered quotations appear, in each case as at the time specified in the preceding paragraphRelevant Time, the Calculation Agent, at its sole discretion, Issuer (or an agent appointed by the Issuer) shall request the principal London office of each of the Reference Banks (as defined herein) to provide the Calculation Agent Issuer (or an agent appointed by the Issuer) with its offered quotation (expressed as a percentage rate per annum) for deposits in the Specified Currency for the relevant Interest Period to leading banks in the London interbank market in the case of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Reference Rate at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the Interest Determination Date in questionquestion and the Issuer (or an agent appointed by the Issuer) shall notify the Issue and Paying Agent of all quotations received by it. If two or more of the Reference Banks provide the Calculation Agent Issuer (or an agent appointed by the Issuer) with such offered quotations, the Rate of Interest for such the Interest Period shall be the arithmetic mean (rounded if necessary to the fifth decimal place, with 0.000005 being rounded upwards) of such the offered quotations plus or minus (as appropriate) the Margin, Margin (if any), all as determined by the Calculation Agent. Issue and Paying Agent.‌ (c) If on any Interest Determination Date one only one or none of the Reference Banks provides the Calculation Agent Issuer (or an agent appointed by the Issuer) with such an offered quotations quotation as provided in the preceding paragraph, the Rate of Interest for the relevant Interest Period shall be the rate per annum which the Calculation Issue and Paying Agent determines to be as being the arithmetic mean (rounded as provided aboveif necessary to the fifth decimal place, with 0.000005 being rounded upwards) of the rates, as communicated to (and at the request of) the Calculation Agent Issuer (or an agent appointed by the Issuer) by the Reference Banks or any two or more of the Reference Banksthem, at which such banks were offered, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant 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 relevant Interest Period Reference Rate by leading banks in the London interbank market in the case of LIBOR, or leading banks in the Euro-Zone interbank zone inter-bank market in (if the case Reference Rate is EURIBOR) or if the Reference Rate is other than EURIBOR, the inter-bank market of Euribor, the Relevant Financial Centre plus or minus (as appropriate) the MarginMargin (if any) or, if any. If fewer than two of the Reference Banks provide the Calculation Agent Issuer (or an agent appointed by the Issuer) with such offered quotationsrates, the Rate of Interest shall be the offered quotation rate for deposits in the Specified Currency for a period equal to that which would have been used for the relevant Interest PeriodReference Rate, or the arithmetic mean (rounded as provided above) of the offered quotations rates for deposits in the Specified Currency for a period equal to that which would have been used for the relevant Interest PeriodReference Rate, at which, at approximately 11:00 a.m. (London time in the case of LIBOR, or Brussels time in the case of Euribor) Relevant Time on the relevant Interest Determination Date, any one or more banks (which bank or banks is or are in the opinion of the Issuer suitable for the purpose) informs the Calculation Agent Issuer (or an agent appointed by the Issuer) it is quoting to leading banks in the London Euro-zone interbank market in (if the case Reference Rate is EURIBOR) or if the Reference Rate is other than EURIBOR, the inter-bank market of LIBOR or leading banks in the Euro-Zone interbank market in the case of Euribor, Relevant Financial Centre plus or minus (as appropriate) the Margin, Margin (if any), provided that 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, Period in place of the Margin relating to that last preceding Interest Period).

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Sources: Supplemental Trust Deed