Common use of Treasury Constant Maturities Clause in Contracts

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.,” under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 7 contracts

Samples: Indenture (SLM Student Loan Trust 2006-5), Indenture (SLM Funding LLC), Indenture (SLM Funding LLC)

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Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateCompany Order, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not so published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.so provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (each, a "Reference Dealer") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 6 contracts

Samples: Centex Corp, Centex Corp, Centex Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 3 contracts

Samples: Administration Agreement (SLM Funding LLC), Indenture (SLM Funding LLC), Indenture (SLM Funding LLC)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average weekly or monthly average, as applicable for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) the relevant H.15 (519). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (each, a "Reference Dealer") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent after consultation with the Company and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of quotation equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of quotation equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, closing offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent after consultation with the Company and will disregard eliminating the highest quotation (or if there is or, in the event of quotation equality, one of the highest) and the lowest quotation (or if there is or, in the event of quotation equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; PROVIDED, HOWEVER, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 2 contracts

Samples: Sun Communities Inc, Sun Communities Operating Limited Partnership

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . ... Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) ), if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will on such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "REFERENCE DEALER") in the City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”"TREASURY NOTES") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in the City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate shall be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes shall be eliminated; PROVIDED, HOWEVER, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date shall be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator will Calculation Agent, after consultation with the Company, shall obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 2 contracts

Samples: Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator appropriate Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate for the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) selected by the appropriate Calculation Agent (from five such securities dealers Reference Dealers selected by such Calculation Agent (after consultation with the Company) and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator appropriate Calculation Agent cannot obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to for such CMT Rate Interest Determination Date will be the calculated by such Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by such Calculation Agent (after consultation with the Company) and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)) for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers selected by the Calculation Agent as aforesaid are quoting as described herein, the CMT Rate in effect for the applicable period will be the rate of interest in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator will obtain quotations quotes for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date maturity will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Dateused.

Appears in 2 contracts

Samples: Mci Communications Corp, Mci Communications Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate for the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable faxed rate obligations of the United States of America ("U.S. Treasury Notes") with an original maturity of approximately the Designated CMT Maturity Index and a remaining term to maturity of not less than such Designated CMT Maturity Index minus one year. If two the Calculation Agent cannot obtain three such U.S. Treasury Note quotations, the CMT Rate for such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the arithmetic mean of the secondary market offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Rate Interest Determination Date of three Reference Dealers in The City of New York (which may include the Agents or their affiliates) (from five such Reference Dealers selected by the Calculation Agent and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)), for U.S. Treasury Notes with an original maturity longer than of the designated CMT index maturity have remaining terms to maturity number of years that are equally close is the next highest to the designated Designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter Maturity Index and a remaining term to maturity, (v) if maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S.$100,000,000. If three or four but (and not five leading primary United States government securities dealers five) of such Reference Dealers are quoting as described in the prior paragraphabove, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations such quotes will be eliminated; provided, or (vi) however, that if fewer than three leading primary United States government securities dealers Reference Dealers selected by the Administrator Calculation Agent are quoting as described in (v) aboveherein, the CMT Rate will remain be the CMT Rate then in effect on that such CMT Rate Interest Rate Determination Date. If two U.S. Treasury Notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the quotes for the CMT Rate Note with the shorter remaining term to maturity will be used.

Appears in 2 contracts

Samples: Bank of Montreal /Can/, Bank of Montreal /Can/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof, for the week or the month, as applicable, ended immediately before preceding the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine the CMT Rate to on the Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include the Agent or its affiliates) selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such Interest Determination Date will be the CMT Rate in effect on such Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then maturity and will use such quotations to calculate the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) set forth above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 2 contracts

Samples: Security Capital Group Inc/, Security Capital Group Inc/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.,” under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateCompany Order, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not so published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.so provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (each, a “Reference Dealer”) selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 2 contracts

Samples: Indenture (Centex Corp), Centex Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 H.15. . . ..Mondays Approximately 3:45 p.m.," under the column for: (ia) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (iib) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, ; (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Issuer determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), ; (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator Issuer will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator Issuer will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, ; (iv) if the Administrator Issuer cannot obtain three Treasury Note quotations of the kind described above in clause (iii)) above, the Administrator Issuer will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator Issuer will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator Issuer will obtain quotations for the Treasury Note with the shorter remaining term to maturity, ; (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, ; or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator Issuer are quoting as described in clause (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 2 contracts

Samples: Loan Purchase Agreement (Nelnet Inc), Loan Purchase Agreement (Nelnet Education Loan Funding Inc)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . ... Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) ), if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will on such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers each, a "Reference Dealer") in the City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity based on the average arithmetic mean of the secondary market bid rates offer side prices as of approximately 3:30 p.m., New York City time, on such CMT Rate Interest Determination Date of three Reference Dealers in the City of New York (from five such Reference Dealers selected by the Calculation Agent, after consultation with the Company, and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity longer than of the designated number of years that is the next highest to the Designated CMT index maturity which have Maturity Index and a remaining term to maturity closest to the designated Designated CMT index Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate shall be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes shall be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date shall be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the Calculation Agent, after consultation with the Company, shall obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity. (3) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Federal Funds Rate," the Federal Funds Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Federal Funds Rate (a "Federal Funds Rate Interest Determination Date"), the rate on such date for United States dollar federal funds as published in H.15(519) under the heading "Federal Funds (Effective)" or, if not published by 3:00 p.m., New York City time, on the Calculation Date, the rate on such Federal Funds Rate Interest Determination Date as published in Composite Quotations under the heading "Federal Funds/Effective Rate." If such rate is not published in either H.15(519) or Composite Quotations by 3:00 p.m., New York City time, on the related Calculation Date, then the Federal Funds Rate on such Federal Funds Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be the arithmetic mean of the rates for the last transaction in overnight United States dollar federal funds arranged by three leading brokers of federal funds transactions in The City of New York (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company, prior to 9:00 a.m., New York City time, on such Federal Funds Rate Interest Determination Date; provided, however, that if the brokers so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Federal Funds Rate determined as of such Federal Funds Rate Interest Determination Date shall be the Federal Funds Rate in effect on such Federal Funds Rate Interest Determination Date. (4) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as "LIBOR," LIBOR shall mean the rate determined by the Calculation Agent as of the applicable Interest Determination Date (a "LIBOR Interest Determination Date") in accordance with the following provisions: (i) If (a) "LIBOR Reuters" is specified in the applicable Floating Interest Rate Notice, the arithmetic mean of the offered rates (unless the Designated LIBOR Page by its terms provides only for a single rate, in which case such single rate will be used) for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the applicable Interest Reset Date, that appear (or, if only a single rate is required as aforesaid, appears) on the Designated LIBOR Page as of 11:00 a.m., London time, on such LIBOR Interest Determination Date, or (b) "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice, or if neither "LIBOR Reuters" nor "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice as the method for calculating LIBOR, the rate for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on such Interest Reset Date, that appears on the Designated LIBOR Page as of 11:00 a.m., London time, on such LIBOR Interest Determination Date. If fewer than two such offered rates appear, or if no such rate appears, as applicable, LIBOR on such LIBOR Interest Determination Date will be determined in accordance with the provisions described in clause (ii) below. (ii) With respect to a LIBOR Interest Determination Date on which fewer than two offered rates appear, or no rate appears, as the case may be, on the Designated LIBOR Page as specified in clause (i) above, the Calculation Agent shall request the principal London offices of each of four major reference banks in the London interbank market, as selected by the Calculation Agent, after consultation with the Company, to provide the Calculation Agent with its offered quotation for deposits in the Index Currency for the period of the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the applicable Interest Reset Date, to prime banks in the London interbank market at approximately 11:00 a.m., London time, on such LIBOR Interest Determination Date and in a principal amount that is representative amountfor a single transaction in such Index Currency in such market at such time. If at least two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date shall be the arithmetic mean of such quotations. If fewer than two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date shall be the arithmetic mean of the rates quoted at approximately 11:00 a.m., in the applicable Principal Financial Center, on such LIBOR Interest Determination Date by three major banks in such Principal Financial Center selected by the Calculation Agent, after consultation with the Company, for loans in the Index Currency to leading European banks, having the Index Maturity specified in the applicable Floating Interest Rate Notice and in a principal amount that is representative for a single transaction in such Index Currency in such market at such time; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned in this sentence, LIBOR determined as of such LIBOR Interest Determination Date shall be LIBOR in effect on such LIBOR Interest Determination Date. (5) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Prime Rate," Prime Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Prime Rate (a "Prime Rate Interest Determination Date"), the rate on such date as such rate is published in H.15(519) under the heading "Bank Prime Loan." If such rate is not published prior to 3:00 p.m., New York City time, on the related Calculation Date, then the Prime Rate shall be the arithmetic mean of the rates of interest publicly announced by each bank that appears on the Reuters Screen U.S. PRIME 1 Page (as defined below) as such bank's prime rate or base lending rate as in effect for such Prime Rate Interest Determination Date. If fewer than four such rates appear on the Reuters Screen U.S. PRIME 1 Page for such Prime Rate Interest Determination Date, the Prime Rate shall be the arithmetic mean of the prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by four major money center banks (which may include the Calculation Agent) in the City of New York selected by the Calculation Agent, after consultation with the Company. If fewer than four such quotations are so provided, the Prime Rate shall be the arithmetic mean of four prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date as furnished in the City of New York by the major money center banks, if any, that have provided such quotations and by as many substitute banks or trust companies (which may include the Calculation Agent) as necessary in order to obtain four such prime rate quotations, provided such substitute banks or trust companies are organized and doing business under the laws of the United States, or any State thereof, have total equity capital of at least U.S. $500 million and are each subject to supervision or examination by Federal or State authority, selected by the Calculation Agent, after consultation with the Company, to provide such rate or rates; provided, however, that if the banks or trust companies so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Prime Rate determined as of such Prime Rate Interest Determination Date shall be the Prime Rate in effect on such Prime Rate Interest Determination Date. (6) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Treasury Rate," Treasury Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Treasury Rate (a "Treasury Rate Interest Determination Date"), as the rate from the auction held on such Treasury Rate Interest Determination Date (the "Auction") of direct obligations of the United States ("Treasury Bills") having the Index Maturity specified in the applicable Floating Interest Rate Notice, as such rate is published in H.15(519) under the heading "Treasury Bills-auction average (investment)" or, if not published by 3:00 p.m., New York City time, on the related Calculation Date, the auction average rate of such Treasury Bills (expressed as a bond equivalent on the basis of a year of 365 or 366 days, as applicable, and applied on a daily basis) as otherwise announced by the United States Department of the Treasury. In the event that the results of the Auction of Treasury Bills having the Index Maturity specified in the applicable Floating Interest Rate Notice are not reported as provided above by 3:00 p.m., New York City time, on such Calculation Date, or if no such Auction is held, then the Treasury Rate shall be calculated by the Calculation Agent, and will be a yield to maturity (expressed as a bond equivalent on the basis of a year of 365 or 366 days, as applicable, and applied on a daily basis) of the arithmetic mean of the secondary market bid rates, as of approximately 3:30 p.m., New York City time, on the relevant such Treasury Rate Interest Rate Determination Date Date, of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers (which may include the Remarketing Agent or its affiliates) selected by the Administrator Calculation Agent, after consultation with the Company, for the issue of Treasury Bills with a remaining maturity closest to the Index Maturity specified in the applicable Floating Interest Rate Notice; provided, however, that if the dealers so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Treasury Rate determined as of such Treasury Rate Interest Determination Date shall be the Treasury Rate in effect on such Treasury Rate Interest Determination Date. Section 207. Conversion Between Interest Rate Modes by the Company The Company may, at its option, convert the Interest Rate Mode of the Notes upon (i) any Interest Rate Adjustment Date, (ii) election of a SPURS Agent to remarket the Notes, subject to the provisions of Section 305 hereof, or (iii) failure of the SPUR Agent to purchase the Notes on the applicable SPURS Remarketing Date as described in Section 304 hereof, in each case in accordance with the procedures provided for in this Section. (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.a)

Appears in 2 contracts

Samples: Teco Energy Inc, Tampa Electric Co

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination Dateapplicable Floating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market bid prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) (each, a "Reference Dealer") selected by the Calculation Agent, after consultation with the Company, (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S.$100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the bid prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Detroit Edison Co

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Index Maturity for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing applicable Note Terms Determination DateCertificate, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Index Maturity for such CMT Rate Interest Determination Date as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate, rate for the Designated CMT Index Maturity (or such other United States Treasury rate, rate for the index maturity and with reference to the relevant Designated CMT Index Maturity) for such CMT Rate Interest Rate Determination Date, that is Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that as the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date shall be calculated by the Calculation Agent as a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (each, a "REFERENCE DEALER") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”"TREASURY NOTES") with an original maturity of approximately the designated index maturity Designated CMT Index Maturity and a remaining term to maturity of not less than the designated index maturity such Designated CMT Index Maturity minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date shall be calculated by the Calculation Agent as a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Index Maturity and a remaining term to maturity closest to the Designated CMT Index Maturity and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate shall be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes shall be eliminated; provided, however, that, if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date shall be the CMT Rate in effect on such CMT Rate Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityIndex Maturity, the Administrator will Calculation Agent shall obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Louisville Gas & Electric Co /Ky/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as Appendix A-1-12 published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Administration Agreement (SLM Funding LLC)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i1) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest such Constant Maturity Treasury Rate Determination Date; or Date and (ii2) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof or in the pricing supplement attached hereto or delivered herewith, for the week or the month, as applicable, ended immediately before preceding the week or month, as applicable, in which the Interest related Constant Maturity Treasury Rate Determination Date occurs. The following procedures will apply be followed if the such rate does not appear on such Designated CMT Rate cannot be determined as described above: (i) if the Telerate Page. If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Treasury Rate for the Constant Maturity Treasury Rate Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Treasury Rate for the Constant Maturity Treasury Rate Determination Date will be the Treasury such treasury constant maturity raterate for the Designated CMT Maturity Index, or other United States Treasury rateRate for the Designated CMT Maturity Index, for the index maturity and with reference to the relevant Interest Constant Maturity Treasury Rate Determination Date, that is Date with respect to such Interest Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant Interest related Calculation Date, then the Treasury Rate on the Constant Maturity Treasury Rate Determination Date will be calculated by the Calculation Agent. Such Treasury Rate will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the Constant Maturity Treasury Rate Determination Date reported, according to their written records, by three leading primary United States U.S. government securities dealers in The City of New York City. The Administrator will select selected by the Calculation Agent, one of which may be the Agent, from five such securities dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotations, or in the event of equality, one of the highest, and the lowest quotation, or, in the event of equality, one of the highest and lowest quotationslowest, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes”) "), with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator Treasury Rate on the Constant Maturity Treasury Rate Determination Date will determine be calculated by the CMT Calculation Agent as follows. Such Treasury Rate to will be the a yield to maturity based on the average arithmetic mean of the secondary market bid rates closing offer side prices as of approximately 3:30 P.M. New York City time, on the Constant Maturity Treasury Rate Determination Date reported, according to their written records, by three leading U.S. government securities dealers in the City of New York selected by the Calculation Agent, one of which may be the Agent, from five such dealers selected by the Calculation Agent and eliminating the highest and lowest quotations, or, in the event of equality, one of the highest, and the lowest quotation, or, in the event of equality, one of the lowest, for Treasury Notes with an original maturity longer than of the designated number of years that is the next highest to the Designated CMT index maturity which have Maturity Index and a remaining term to maturity closest to the designated CMT index maturity Index Maturity specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, and in an amount that is representative for a representative amount, as of approximately 3:30 p.m., New York City single transaction in that market at that time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity maturity, as described herein, have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if maturity and will use such quotations to calculate the Treasury Rate as set forth herein. If three or four but four, and not five leading primary United States government securities five, of such dealers are quoting as described in the prior paragraphabove, then the CMT Treasury Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations such quotes will be eliminated. However, or (vi) if fewer than three leading primary United States government securities dealers so selected by the Administrator Calculation Agent are quoting as described in (v) mentioned above, the CMT Treasury Rate determined as of the Constant Maturity Treasury Rate Determination Date will remain be the CMT Treasury Rate then in effect on that Interest the Constant Maturity Treasury Rate Determination Date. If two Treasury Notes with an original maturity as described in the third preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity and will use such quotations to calculate the Treasury Rate as set forth above.

Appears in 1 contract

Samples: Citigroup Capital Xi

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . .. Mondays Approximately 3:45 p.m.,” under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Indenture (SLM Student Loan Trust 2005-7)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If that rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) the relevant H.15 (519). If that rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury that treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, Rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant that Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519the relevant H.15 (519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their the written records, records by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include any of the Agents or their affiliates selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of 68 the lowest), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to for such CMT Rate Interest Determination Date will be calculated by the Calculation Agent (after consultation with the Company) and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closes to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers to selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date or, if no such rate is in effect, the interest rate on CMT Rate Notes will be the Initial Interest Rate. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain use the quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: El Paso Corp/De

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published by the Board of Governors of the Federal Reserve System in the weekly statistical released entitled "Statistical Release H.15(519) ), Selected Interest Rates," or another recognized electronic source for displaying any successor publication of the rateBoard of Governors of the Federal Reserve System ("H.15(519)"). If such rate is no longer published, (ii) or if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference (I-13) 119 respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate for the CMT Rate to Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator Calculation Agent cannot obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to for such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one on of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers selected by the Calculation Agent are quoting as described herein, the CMT Rate will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity third preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator will obtain quotations quotes for the Treasury CMT Rate Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date maturity will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Dateused.

Appears in 1 contract

Samples: Agency Agreement (Mbna Corp)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately approximately 3:45 p.m.PM.," under the column forfor the designated CMT maturity index: (i) - if the Designated designated CMT Moneyline Telerate Page page is 7051, the rate on that Interest Rate Determination Datefor the relevant interest determination date; or (ii) - if the Designated designated CMT Moneyline Telerate Page page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on above, for the Remarketing Terms Determination Dateweek or the month, as applicable, ended immediately before preceding the week or month, as applicable, in which the Interest Rate Determination Date occursrelated CMT rate interest determination date falls. The following procedures will apply if If the CMT Rate rate cannot be determined as described above: (i) if in this manner, the following procedures shall apply. - If the applicable rate described above is not no longer displayed on the relevant page page, or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the related calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Datedate, then the CMT Rate will rate for that CMT rate interest determination date shall be the Treasury treasury constant maturity rate having for the designated CMT maturity index maturity, as published in H.15(519) or another recognized electronic source for displaying ). - If the rate, (ii) if the applicable rate described above in the prior paragraph is no longer published, or is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the related calculation is made earlier and the rate is available from one of those sources at that timedate, then the CMT Rate will rate for that CMT rate interest determination date shall be the Treasury treasury constant maturity raterate for the designated CMT maturity index, or other United States Treasury ratetreasury rate for the designated CMT maturity index, for the index maturity and CMT rate interest determination date with reference respect to the relevant Interest Rate Determination Date, that is interest reset date that is: - published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury Treasury; and that - determined by the Administrator determines Calculation Agent to be comparable to the rate formerly displayed on the Designated designated CMT Moneyline Telerate Page shown above page and published in H.15(519), (iii) if . - If the rate described in the prior paragraph canis not be determinedprovided by 3:00 p.m., New York City time, on the related calculation date, then the Administrator will determine CMT rate for the CMT Rate to rate interest determination date shall be calculated by the Calculation Agent and shall be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered bid rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date CMT rate interest determination date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select ("reference dealers") selected by the Calculation Agent (from five such securities reference dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury "treasury Notes") with an original maturity of approximately the designated CMT maturity index maturity and a remaining term to maturity of not less than the such designated CMT maturity index maturity minus one year in a representative amount, (iv) if year. - If the Administrator cannot Calculation Agent is unable to obtain three Treasury Note treasury note quotations of the kind as described above in (iii)above, the Administrator will determine CMT rate for that CMT rate interest determination date shall be calculated by the CMT Rate to Calculation Agent and shall be the a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date CMT rate interest determination date of leading primary United States government securities three reference dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities reference dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest). If two Treasury Notes ), for treasury notes with an original maturity longer than of the designated CMT index maturity have remaining terms to maturity number of years that are equally close is the next highest to the designated CMT maturity index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter and a remaining term to maturity, (v) if maturity closest to the designated CMT maturity index and in an amount of at least $100 million. - If three or four but four, and not five leading primary United States government securities five, of such reference dealers are quoting as described in the prior paragraphset forth above, then the CMT Rate for the relevant Interest Rate Determination Date will rate shall be based on the average arithmetic mean of the bid rates obtained and neither the highest nor the lowest of those quotations will such quotes shall be eliminated. However, or (vi) if fewer than three leading primary United States government securities reference dealers selected by the Administrator Calculation Agent are quoting as described in (v) set forth above, the CMT Rate will remain rate with respect to that CMT rate interest determination date shall be the CMT Rate rate for the immediately preceding interest reset period, or if there was no interest reset period, the rate of interest payable shall be the initial interest rate. If two treasury notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the designated CMT maturity index, then in effect on that Interest Rate Determination Datethe quotes for the treasury note with the shorter remaining term to maturity shall be used.

Appears in 1 contract

Samples: National Rural Utilities Cooperative Finance Corp /Dc/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for the Designated CMT Maturity Index for: (i) , if the Designated CMT Moneyline Telerate Page is 7051, the rate on that the related Interest Rate Determination Date; or (ii) 1051047.4 10201 1256C 00692469 if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on for the Remarketing Terms Determination Dateweek or the month, as applicable, ended immediately before preceding the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if If the rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such Interest Determination Date will be the Treasury treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519). If the rate is no longer published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such Interest Determination Date will be the Treasury treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for such Interest Determination Date with reference respect to the relevant Interest Rate Determination Date, that is Reset Date as published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519). If that information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedCalculation Date, then the Administrator will determine the CMT Rate to on such Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates bid prices as of approximately 3:30 p.m., New York City time, on the relevant such Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in New York City. The Administrator will select City (which may include any of the Agents or their affiliates) selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, prices as of approximately 3:30 p.m., New York City time, on the relevant such Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in New York City. In selecting these offered rates, City (which may include any of the Administrator will request quotations Agents or their affiliates) selected by the Calculation Agent (from at least five such securities dealers of the Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are providing quotes, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated. If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then maturity and will use those quotations to calculate the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.. 1051047.4 10201 1256C 00692469

Appears in 1 contract

Samples: Security Capital Group Inc/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the Appendix A-1-13 applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Indenture (SLM Funding LLC)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof, for the week or month, as applicable, ended immediately before preceding the week or month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not so published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.so provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S.$100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Boeing Capital Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate for the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable faxed rate obligations of the United States of America ("U.S. Treasury Notes") with an original maturity of approximately the Designated CMT Maturity Index and a remaining term to maturity of not less than such Designated CMT Maturity Index minus one year. If two the Calculation Agent cannot obtain three such U.S. Treasury Note quotations, the CMT Rate for such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the arithmetic mean of the secondary market offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Rate Interest Determination Date of three Reference Dealers in The City of New York (which may include the Agents or their affiliates) (from five such Reference Dealers selected by the Calculation Agent and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)), for U.S. Treasury Notes with an original maturity longer than of the designated CMT index maturity have remaining terms to maturity number of years that are equally close is the next highest to the designated Designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter Maturity Index and a remaining term to maturity, (v) if maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S.$ 100,000,000. If three or four but (and not five leading primary United States government securities dealers five) of such Reference Dealers are quoting as described in the prior paragraphabove, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations such quotes will be eliminated; provided, or (vi) however, that if fewer than three leading primary United States government securities dealers Reference Dealers selected by the Administrator Calculation Agent are quoting as described in (v) aboveherein, the CMT Rate will remain be the CMT Rate then in effect on that such CMT Rate Interest Rate Determination Date. If two U.S. Treasury Notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the quotes for the CMT Rate Note with the shorter remaining term to maturity will be used.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will on such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by leading primary United States government securities dealers three Reference Dealers in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States ("Treasury (“Treasury Notes”notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator Calculation Agent cannot obtain three such Treasury Note quotations of the kind described above in (iii)notes quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest). If two ), for Treasury Notes notes with an original maturity longer than of the designated CMT index maturity have remaining terms to maturity number of years that are equally close is the next highest to the designated Designated CMT index maturity, Maturity Index and a remaining maturity closest to the Administrator will obtain quotations Index Maturity specified on the first page hereof and in an amount that is representative for the Treasury Note with the shorter remaining term to maturity, (v) if a single transaction in that market at that time. If three or four but (and not five leading primary United States government securities dealers five) of such Reference Dealers are quoting as described in the prior paragraphabove, then the CMT Rate for the relevant Interest Rate Determination Date will shall be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations will such quotes shall be eliminated; provided, or (vi) however, that if fewer than three leading primary United States government securities dealers Reference Dealers so selected by the Administrator Calculation Agent are quoting as described in (v) aboveherein, the CMT Rate will remain determined as of such CMT Rate Interest Determination Date shall be the CMT Rate then in effect on that such CMT Rate Interest Rate Determination Date. If two Treasury notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the Calculation Agent shall obtain quotations for the Treasury notes with the shorter remaining term to maturity and shall use such quotations to calculate the CMT Rate as set forth above.

Appears in 1 contract

Samples: CSX Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S.$100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent, after consultation with the Company, will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Collateral Assignment Agreement (Detroit Edison Co)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . ... Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) ), if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate will for such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will on such CMT Rate Interest Determination Date shall be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers each, a "Reference Dealer") in the City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be a yield to maturity based on the average arithmetic mean of the secondary market bid rates offer side prices as of approximately 3:30 p.m., New York City time, on such CMT Rate Interest Determination Date of three Reference Dealers in the City of New York (from five such Reference Dealers selected by the Calculation Agent, after consultation with the Company, and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity longer than of the designated number of years that is the next highest to the Designated CMT index maturity which have Maturity Index and a remaining term to maturity closest to the designated Designated CMT index Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate shall be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes shall be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date shall be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity as described in the second preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the Calculation Agent, after consultation with the Company, shall obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity. (3) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Federal Funds Rate," the Federal Funds Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Federal Funds Rate (a "Federal Funds Rate Interest Determination Date"), the rate on such date for United States dollar federal funds as published in H.15(519) under the heading "Federal Funds (Effective)" or, if not published by 3:00 p.m., New York City time, on the Calculation Date, the rate on such Federal Funds Rate Interest Determination Date as published in Composite Quotations under the heading "Federal Funds/Effective Rate." If such rate is not published in either H.15(519) or Composite Quotations by 3:00 p.m., New York City time, on the related Calculation Date, then the Federal Funds Rate on such Federal Funds Rate Interest Determination Date shall be calculated by the Calculation Agent and shall be the arithmetic mean of the rates for the last transaction in overnight United States dollar federal funds arranged by three leading brokers of federal funds transactions in The City of New York (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company, prior to 9:00 a.m., New York City time, on such Federal Funds Rate Interest Determination Date; provided, however, that if the brokers so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Federal Funds Rate determined as of such Federal Funds Rate Interest Determination Date shall be the Federal Funds Rate in effect on such Federal Funds Rate Interest Determination Date. (4) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as "LIBOR," LIBOR shall mean the rate determined by the Calculation Agent as of the applicable Interest Determination Date (a "LIBOR Interest Determination Date") in accordance with the following provisions: (i) If (a) "LIBOR Reuters" is specified in the applicable Floating Interest Rate Notice, the arithmetic mean of the offered rates (unless the Designated LIBOR Page by its terms provides only for a single rate, in which case such single rate will be used) for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the applicable Interest Reset Date, that appear (or, if only a single rate is required as aforesaid, appears) on the Designated LIBOR Page as of 11:00 a.m., London time, on such LIBOR Interest Determination Date, or (b) "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice, or if neither "LIBOR Reuters" nor "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice as the method for calculating LIBOR, the rate for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on such Interest Reset Date, that appears on the Designated LIBOR Page as of 11:00 a.m., London time, on such LIBOR Interest Determination Date. If fewer than two such offered rates appear, or if no such rate appears, as applicable, LIBOR on such LIBOR Interest Determination Date will be determined in accordance with the provisions described in clause (ii) below. (ii) With respect to a LIBOR Interest Determination Date on which fewer than two offered rates appear, or no rate appears, as the case may be, on the Designated LIBOR Page as specified in clause (i) above, the Calculation Agent shall request the principal London offices of each of four major reference banks in the London interbank market, as selected by the Calculation Agent, after consultation with the Company, to provide the Calculation Agent with its offered quotation for deposits in the Index Currency for the period of the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the applicable Interest Reset Date, to prime banks in the London interbank market at approximately 11:00 a.m., London time, on such LIBOR Interest Determination Date and in a principal amount that is representative amountfor a single transaction in such Index Currency in such market at such time. If at least two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date shall be the arithmetic mean of such quotations. If fewer than two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date shall be the arithmetic mean of the rates quoted at approximately 11:00 a.m., in the applicable Principal Financial Center, on such LIBOR Interest Determination Date by three major banks in such Principal Financial Center selected by the Calculation Agent, after consultation with the Company, for loans in the Index Currency to leading European banks, having the Index Maturity specified in the applicable Floating Interest Rate Notice and in a principal amount that is representative for a single transaction in such Index Currency in such market at such time; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned in this sentence, LIBOR determined as of such LIBOR Interest Determination Date shall be LIBOR in effect on such LIBOR Interest Determination Date. (5) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Prime Rate," Prime Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Prime Rate (a "Prime Rate Interest Determination Date"), the rate on such date as such rate is published in H.15(519) under the heading "Bank Prime Loan." If such rate is not published prior to 3:00 p.m., New York City time, on the related Calculation Date, then the Prime Rate shall be the arithmetic mean of the rates of interest publicly announced by each bank that appears on the Reuters Screen U.S. PRIME 1 Page (as defined below) as such bank's prime rate or base lending rate as in effect for such Prime Rate Interest Determination Date. If fewer than four such rates appear on the Reuters Screen U.S. PRIME 1 Page for such Prime Rate Interest Determination Date, the Prime Rate shall be the arithmetic mean of the prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by four major money center banks (which may include the Calculation Agent) in the City of New York selected by the Calculation Agent, after consultation with the Company. If fewer than four such quotations are so provided, the Prime Rate shall be the arithmetic mean of four prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date as furnished in the City of New York by the major money center banks, if any, that have provided such quotations and by as many substitute banks or trust companies (which may include the Calculation Agent) as necessary in order to obtain four such prime rate quotations, provided such substitute banks or trust companies are organized and doing business under the laws of the United States, or any State thereof, have total equity capital of at least U.S. $500 million and are each subject to supervision or examination by Federal or State authority, selected by the Calculation Agent, after consultation with the Company, to provide such rate or rates; provided, however, that if the banks or trust companies so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Prime Rate determined as of such Prime Rate Interest Determination Date shall be the Prime Rate in effect on such Prime Rate Interest Determination Date. (6) If an Interest Rate Basis for any Note is specified in the applicable Floating Interest Rate Notice as the "Treasury Rate," Treasury Rate shall mean, with respect to any Interest Determination Date relating to a Note for which the interest rate is determined with reference to the Treasury Rate (a "Treasury Rate Interest Determination Date"), as the rate from the auction held on such Treasury Rate Interest Determination Date (the "Auction") of direct obligations of the United States ("Treasury Bills") having the Index Maturity specified in the applicable Floating Interest Rate Notice, as such rate is published in H.15(519) under the heading "Treasury Bills-auction average (investment)" or, if not published by 3:00 p.m., New York City time, on the related Calculation Date, the auction average rate of such Treasury Bills (expressed as a bond equivalent on the basis of a year of 365 or 366 days, as applicable, and applied on a daily basis) as otherwise announced by the United States Department of the Treasury. In the event that the results of the Auction of Treasury Bills having the Index Maturity specified in the applicable Floating Interest Rate Notice are not reported as provided above by 3:00 p.m., New York City time, on such Calculation Date, or if no such Auction is held, then the Treasury Rate shall be calculated by the Calculation Agent, and will be a yield to maturity (expressed as a bond equivalent on the basis of a year of 365 or 366 days, as applicable, and applied on a daily basis) of the arithmetic mean of the secondary market bid rates, as of approximately 3:30 p.m., New York City time, on the relevant such Treasury Rate Interest Rate Determination Date Date, of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers (which may include the Remarketing Agent or its affiliates) selected by the Administrator Calculation Agent, after consultation with the Company, for the issue of Treasury Bills with a remaining maturity closest to the Index Maturity specified in the applicable Floating Interest Rate Notice; provided, however, that if the dealers so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Treasury Rate determined as of such Treasury Rate Interest Determination Date shall be the Treasury Rate in effect on such Treasury Rate Interest Determination Date. Section 207. Conversion Between Interest Rate Modes by the Company The Company may, at its option, convert the Interest Rate Mode of the Notes upon (i) any Interest Rate Adjustment Date, (ii) election of a Callholder to remarket the Notes, subject to the provisions of Section 305 hereof, or (iii) failure of the SPUR Agent to purchase the Notes on the applicable REPS Remarketing Date as described in Section 304 hereof, in each case in accordance with the procedures provided for in this Section. (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.a)

Appears in 1 contract

Samples: Teco Energy Inc

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury A-3-66 Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Administration Agreement (SLM Funding LLC)

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Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . ...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such Interest Rate Determination Date; Date or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if such rate is not displayed by 3:00 p.m.P.M., New York City time time, on that the Calculation Date (as specified on the face hereof) pertaining to such Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will shall be the Treasury such treasury constant maturity rate having for the designated index maturity, CMT Maturity Index for such Interest Determination Date as published in H.15(519) ), or another recognized electronic source used for the purpose of displaying the applicable rate, (ii) if under the applicable heading "Treasury constant maturities" or any replacement heading on that service. If such rate described above is no longer published, or is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination such Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will shall be the Treasury such treasury constant maturity rate, rate for the CMT Maturity Index or other United States Treasury rate, rate for the index maturity and with reference to the relevant CMT Maturity Index for such Interest Rate Determination Date, that is Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and which would otherwise have been published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on such Calculation Date, then the relevant CMT Rate shall be calculated by the Calculation Agent and shall be the yield to maturity, based on the arithmetic mean of the secondary market bid prices as of approximately 3:30 P.M., New York City time, on such Interest Rate Determination Date reported, according to their written records, reported by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include the Agents or their affiliates) (each, a "Reference Dealer") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)) for obligations of the United States ("Treasury Notes") with an original maturity of approximately the CMT Maturity Index and a remaining term to maturity of not less than such CMT Maturity Index minus one year and in an amount that is representative for a single transaction in such market at such time. If three or four (and not five) of such Reference Dealers are quoting as described in the preceding paragraph, then the CMT Rate will be based on the arithmetic mean of the Treasury Notes quotations obtained and neither the highest nor the lowest of such quotations will be eliminated. If the Calculation Agent cannot obtain three Treasury Notes quotations, the CMT Rate shall be calculated by the Calculation Agent and shall be a yield to maturity based on the arithmetic mean of the secondary market bid prices as of approximately 3:30 P.M., New York City time, on such Interest Determination Date of three Reference Dealers selected by the Calculation Agent (from five Reference Dealers selected by the Calculation Agent and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)) for Treasury Notes with an original maturity of a number of years greater than the CMT Maturity Index and a remaining term to maturity closest to the CMT Maturity Index and in an amount that is representative for a single transaction in such market at such time. If three or four (and not five) of such Reference Dealers are quoting as described in the preceding paragraph, then the CMT Rate shall be based on the arithmetic mean of the Treasury Notes quotations obtained and neither the highest nor the lowest of such quotations will be eliminated If fewer than three Reference Dealers selected by the Calculation Agent are quoting as described in the second preceding paragraph, the CMT Rate shall be the CMT Rate in effect on such Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity third preceding paragraph have remaining terms to maturity that are equally close to the designated CMT index maturityMaturity Index, the Administrator will obtain quotations for the Treasury Note Notes with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date maturity will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Dateused.

Appears in 1 contract

Samples: Letter of Agreement (Hydro Quebec)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Appendix A-1-15 Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Indenture (SLM Funding LLC)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.,” under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or Appendix A-1-14 other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: SLM Student Loan Trust 2005-9

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.,” P.M.”, under the column forfor the designated CMT index maturity: (i) if the Designated designated CMT Moneyline Telerate Page Reuters page is 7051Reuters page FRBCMT, the rate on that Interest Rate Determination Datefor the relevant interest determination date; or (ii) if the Designated designated CMT Moneyline Telerate Page Reuters page is 7052Reuters page FEDCMT, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing applicable Final Terms Determination DateDocument, ended for the week that ends immediately before the week in which the Interest Rate Determination Date occursrelevant interest determination date falls, or for the month that ends immediately before the month in which the relevant interest determination date falls, as applicable. The following procedures will apply if If the CMT Rate rate cannot be determined as described above: (i) if in this manner, the following procedures will apply. • If the applicable rate described above is not displayed on the relevant designated CMT Reuters page by at 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Datethe relevant interest calculation date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Datetime, then the CMT Rate rate will be the Treasury applicable treasury constant maturity rate having described above—i.e., for the designated CMT index maturitymaturity and for either the relevant interest determination date or the weekly or monthly average, as applicable—as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if ). • If the applicable rate described above is does not published appear in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Datethe relevant interest calculation date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate rate will be the Treasury treasury constant maturity rate, or other United States Treasury U.S. treasury rate, for the designated CMT index maturity and with reference to the relevant Interest Rate Determination Dateinterest determination date, that that: • is published by either the Board of Governors of the Federal Reserve System System, or the United States U.S. Department of the Treasury Treasury; or • as is otherwise announced by the Federal Reserve Bank of New York for the week or month, as applicable, ended immediately preceding the week or month, as applicable, in which such CMT rate interest determination date falls; and that • in either case, is determined by the Administrator determines Calculation Agent to be comparable to the applicable rate formerly displayed on the Designated designated CMT Moneyline Telerate Page shown above Reuters page and published in H.15(519), (iii) if . • If the rate described in the prior paragraph candoes not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.appear by 3:00 P.M., New York City time, on the relevant Interest Rate Determination Date reportedinterest calculation date, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers unless the calculation is made earlier and will eliminate the highest and lowest quotations or, in the event of equality, rate is available from one of those sources at that time, then the highest and lowest quotations, CMT rate will be the yield to maturity of the arithmetic mean of the following secondary market bid rates for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with treasury covered bonds having an original maturity of approximately equal to the designated CMT index maturity and a remaining term to maturity of not less than the designated CMT index maturity minus one year year, and in a representative amount: the bid rates, (iv) as of approximately 3:30 P.M., New York City time, on the relevant interest determination date, of three primary U.S. government securities dealers in New York City selected by the Calculation Agent. In selecting these bid rates, the Calculation Agent will request quotations from five of these primary dealers and will disregard the highest quotation—or, if there is equality, one of the Administrator cannot highest—and the lowest quotation—or, if there is equality, one of the lowest. Treasury covered bonds are direct, non-callable, fixed rate obligations of the U.S. government. • If the Calculation Agent is unable to obtain three Treasury Note quotations of the kind described above in (iii)the prior paragraph, the Administrator CMT rate will determine the CMT Rate to be the yield to maturity based on the average of the arithmetic mean of the following secondary market bid rates for Treasury Notes treasury covered bonds with an original maturity longer than the designated CMT index maturity which have maturity, with a remaining term to maturity closest to the designated CMT index maturity and in a representative amount: the bid rates, as of approximately 3:30 p.m.P.M., New York City time, on the relevant Interest Rate Determination Date interest determination date, of leading three primary United States U.S. government securities dealers in New York CityCity selected by the Calculation Agent. In selecting these offered bid rates, the Administrator Calculation Agent will request quotations from at least five such securities of these primary dealers and will disregard the highest quotation (or or, if there is equality, one of the highest) and the lowest quotation (or or, if there is equality, one of the lowest). If two Treasury Notes treasury covered bonds with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator Calculation Agent will obtain quotations for the Treasury Note treasury covered bond with the shorter remaining term to maturity, (v) if three or four . • If fewer than five but not five leading more than two of these primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate rate for the relevant Interest Rate Determination Date interest determination date will be based on the average arithmetic mean of the bid rates obtained so obtained, and neither the highest nor the lowest of those quotations will be eliminated, disregarded. • If two or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator Calculation Agent are quoting as described in (v) above, the CMT Rate rate in effect for the new interest period will be the CMT rate in effect for the prior interest period. If the initial interest rate has been in effect for the prior interest period, however, it will remain the CMT Rate then in effect on that Interest Rate Determination Datefor the new interest period.

Appears in 1 contract

Samples: Principal Paying Agent (Scotiabank Covered Bond Guarantor Limited Partnership)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . ... Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities securties dealers (each, a "Reference Dealer") in the City of New York City. The Administrator will select (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in the City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least U.S. $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent, after consultation with the Company, are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent, after consultation with the Company, will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity. Federal Funds Rate. If an Interest Rate Basis for this Note is specified in the applicable Floating Interest Rate Notice, as the "Federal Funds Rate", the Federal Funds Rate means, with respect to any Interest Determination Date relating to this Note for which the interest rate is determined with reference to the Federal Funds Rate (v) if three or four but not five leading primary a "Federal Funds Rate Interest Determination Date"), the rate on such date for United States government securities dealers are quoting dollar federal funds as described published in H.15(519) under the prior paragraphheading "Federal Funds (Effective)" or, if not published by 3:00 p.m., New York City time, on the Calculation Date, the rate on such Federal Funds Rate Interest Determination Date as published in Composite Quotations under the heading "Federal Funds/Effective Rate." If such rate is not published in either H.15(519) or Composite Quotations by 3:00 p.m., New York City time, on the related Calculation Date, then the CMT Federal Funds Rate for the relevant on such Federal Funds Rate Interest Rate Determination Date will be based calculated by the Calculation Agent and will be the arithmetic mean of the rates for the last transaction in overnight United States dollar federal funds arranged by three leading brokers of federal funds transactions in the City of New York (which may include the Remarketing Agent or its affiliates) selected by the Calculation Agent after consultation with the Company, prior to 9:00 a.m., New York City time, on such Federal Funds Rate Interest Determination Date; provided, however, that if the brokers so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Federal Funds Rate determined as of such Federal Funds Rate Interest Determination Date will be the Federal Funds Rate in effect on such Federal Funds Rate Interest Determination Date. LIBOR. If an Interest Rate Basis for this Note is specified in the applicable Floating Interest Rate Notice as "LIBOR," LIBOR shall mean the rate determined by the Calculation Agent as of the applicable Interest Determination Date (a "LIBOR Interest Determination Date") in accordance with the following provisions: (i) If (a) "LIBOR Reuters" is specified in the applicable Floating Interest Rate Notice, the arithmetic mean of the offered rates (unless the Designated LIBOR Page by its terms provides only for a single rate, in which case such single rate will be used) for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the average applicable Interest Reset Date, that appear (or, if only a single rate is required as aforesaid, appears) on the Designated LIBOR Page as of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated11:00 a.m., London time, on such LIBOR Interest Determination Date, or (vib) "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice, or if neither "LIBOR Reuters" nor "LIBOR Telerate" is specified in the applicable Floating Interest Rate Notice as the method for calculating LIBOR, the rate for deposits in the Index Currency having the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on such Interest Reset Date, that appears on the Designated LIBOR Page as of 11:00 a.m., London time, on such LIBOR Interest Determination Date. If fewer than three leading primary United States government securities dealers selected by two such offered rates appear, or if no such rate appears, as applicable, LIBOR on such LIBOR Interest Determination Date will be determined in accordance with the Administrator are quoting as provisions described in clause (vii) below. (ii) With respect to a LIBOR Interest Determination Date on which fewer than two offered rates appear, or no rate appears, as the case may be, on the Designated LIBOR Page as specified in clause(i) above, the CMT Calculation Agent will request the principal London offices of each of four major reference banks in the London interbank market, as selected by the Calculation Agent, after consultation with the Company, to provide the Calculation Agent with its offered quotation for deposits in the Index Currency for the period of the Index Maturity specified in the applicable Floating Interest Rate Notice, commencing on the applicable Interest Reset Date, to prime banks in the London interbank market at approximately 11:00 a.m., London time, on such LIBOR Interest Determination Date and in a principal amount that is representative for a single transaction in such Index Currency in such market at such time. If at least two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date will remain be the CMT arithmetic mean of such quotations. If fewer than two such quotations are so provided, then LIBOR on such LIBOR Interest Determination Date will be the arithmetic mean of the rates quoted at approximately 11:00 a.m., in the applicable Principal Financial Center, on such LIBOR Interest Determination Date by three major banks in such Principal Financial Center selected by the Calculation Agent, after consultation with the Company, for loans in the Index Currency to leading European banks, having the Index Maturity specified in the applicable Floating Interest Rate then Notice and in a principal amount that is representative for a single transaction in such Index Currency in such market at such time; provided, however, that if the banks so selected by the Calculation Agent are not quoting as mentioned in this sentence, LIBOR determined as of such LIBOR Interest Determination Date will be LIBOR in effect on that such LIBOR Interest Determination Date. Prime Rate. If an Interest Rate Basis for this Note is specified in the applicable Floating Interest Rate Notice as the "Prime Rate," Prime Rate shall mean, with respect to any Interest Determination Date relating to this Note for which the interest rate is determined with reference to the Prime Rate (a "Prime Rate Interest Determination Date"), the rate on such date as such rate is published in H.15(519) under the heading "Bank Prime Loan." If such rate is not published prior to 3:00 p.m., New York City time, on the related Calculation Date, then the Prime Rate will be the arithmetic mean of the rates of interest publicly announced by each bank that appears on the Reuters Screen U.S. PRIME 1 Page as such bank's prime rate or base lending rate as in effect for such Prime Rate Interest Determination Date. If fewer than four such rates appear on the Reuters Screen U.S. PRIME 1 Page for such Prime Rate Interest Determination Date, the Prime Rate will be the arithmetic mean of the prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date by four major money center banks (which may include the Calculation Agent) in the City of New York selected by the Calculation Agent, after consultation with the Company. If fewer than four such quotations are so provided, the Prime Rate will be the arithmetic mean of four prime rates quoted on the basis of the actual number of days in the year divided by a 360-day year as of the close of business on such Prime Rate Interest Determination Date as furnished in the City of New York by the major money center banks, if any, that have provided such quotations and by as many substitute banks or trust companies (which may include the Calculation Agent) as necessary in order to obtain four such prime rate quotations, provided such substitute banks or trust companies are organized and doing business under the laws of the United States, or any State thereof, have total equity capital of at least U.S. $500 million and are each subject to supervision or examination by Federal or State authority, selected by the Calculation Agent, after consultation with the Company, to provide such rate or rates; provided, however, that if the banks or trust companies so selected by the Calculation Agent are not quoting as mentioned in this sentence, the Prime Rate determined as of such Prime Rate Interest Determination Date will be the Prime Rate in effect on such Prime Rate Interest Determination Date.

Appears in 1 contract

Samples: Teco Energy Inc

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on in the Remarketing Terms Determination DateFloating Interest Rate Notice, for the week or the month, as applicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). If such information is not provided by 3:00 p.m., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedrelated Calculation Date, then the Administrator will determine CMT Rate on the CMT Rate to Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity maturity, based on the average arithmetic mean of the secondary market closing offered rates offer side prices as of approximately 3:30 p.m., New York City time, on the relevant such CMT Rate Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by (each, a "Reference Dealer") in The City of New York (which may include the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.Remarketing Agent or its

Appears in 1 contract

Samples: Indenture (Detroit Edison Co)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index (as defined below) as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States U.S. Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States U.S. government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent, after consultation with the Company, and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Owens Corning

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for the Index Maturity described in the related pricing supplement for: (i1) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such Interest Rate Determination Date; or (ii2) if the Designated CMT Moneyline Telerate Page is 7052, the weekly or monthly average for the week, the month or the quartermonth, as specified on in the Remarketing Terms Determination Daterelated pricing supplement, ended immediately before preceding the week or month in which the related Interest Rate Determination Date occurs. The following procedures will apply if If the CMT Rate cannot be determined as described above: (i) if - If the rate described above is not displayed on the relevant page by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Calculation Date, then the CMT Rate will be the Treasury constant maturity rate having for the designated index maturityDesignated CMT Maturity Index, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable ). - If that rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, rate (or other United States Treasury rate, ) for the index maturity and with reference to Designated CMT Maturity Index for the relevant Interest Rate Determination Date, that is Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator calculation agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519). - If that information is not provided by 3:00 P.M., (iii) if New York City time, on the rate described in the prior paragraph cannot be determinedCalculation Date, then the Administrator calculation agent will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates rates, as of approximately 3:30 p.m.P.M., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in New York City. The Administrator calculation agent will select five such securities dealers Reference Dealers and will eliminate the highest and lowest quotations quotation (or, in the event of equalityoverlap, one of the highest quotations) and the lowest quotation (or, in the event of overlap, one of the lowest quotations), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity Designated CMT Maturity Index minus one year in a representative amount, (iv) if the Administrator cannot obtain year. - If three Treasury Note quotations of the kind described above in (iii)cannot be obtained, the Administrator will determine the CMT Rate to will be the a yield to maturity based on the average of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.C-9

Appears in 1 contract

Samples: Distribution Agreement (Texaco Inc)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15... Mondays Approximately 3:45 p.m.P.M.,” under the column for: for the Index Maturity designated on the face hereof (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that for the applicable Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the Interest Rate Determination Date occurs. The following procedures will apply if If no page is specified on the face hereof, the Designated CMT Rate cannot Telerate Page shall be determined as described above: (i) if 7052, for the most recent week. If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such Interest Determination Date will be such Treasury Constant Maturity rate for the Treasury constant maturity rate having Index Maturity designated on the designated index maturity, face hereof as published in H.15(519) the relevant H.15 (519). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such Interest Determination Date will be such Treasury Constant Maturity rate for the Treasury constant maturity rate, Index Maturity on the face hereof (or other United States Treasury rate, rate for the index maturity and such Index Maturity for that Interest Determination Date with reference respect to the relevant such Interest Rate Determination Reset Date, that is ) as may then be published by either the Board of Governors of the Federal Reserve System Board or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate for that Interest Rate Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M. (New York City time) on that Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a “Reference Dealer”) in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury NotesNote”) with an original maturity of approximately the Index Maturity designated index maturity on the face hereof and a remaining term to maturity of not less than the designated index maturity such Index Maturity minus one year year. If two Treasury Notes with an original maturity as described in a representative amountthe preceding sentence have remaining terms to maturity equally close to the Index Maturity designated on the face hereof, (iv) if the Administrator quotes for the Treasury Note with the shorter remaining term to maturity will be used. If the Calculation Agent cannot obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to for that Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., P.M. (New York City time, ) on the relevant that Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest). If two ), for Treasury Notes with an original maturity longer than of the designated CMT index maturity have remaining terms to maturity number of years that are equally close is the next highest to the Index Maturity designated CMT index maturity, on the Administrator will obtain quotations for the Treasury Note with the shorter face hereof and a remaining term to maturity, (v) if maturity closest to such Index Maturity and in an amount of at least $100 million. If three or four but (and not five leading primary United States government securities dealers five) of such Reference Dealers are quoting as described in the prior paragraphabove, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations such quotes will be eliminated; provided, or (vi) however, that if fewer than three leading primary United States government securities dealers Reference Dealers selected by the Administrator Calculation Agent are quoting as described herein, the rate of interest in (v) above, effect for the applicable period will be the same as the CMT Rate will remain as adjusted for the Spread and/or Spread Multiplier, as the case may be, for the immediately preceding Interest Reset Period. The CMT Rate determined with respect to any Interest Determination Date will become effective on and as of the applicable Interest Reset Date specified on the face hereof; provided, however, that (i) the interest rate in effect for the period from the Original Issue Date to the first Interest Reset Date will be the Initial Interest Rate specified on the face hereof; and (ii) the interest rate, in effect for the ten days immediately preceding the Stated Maturity or redemption will be that in effect on the tenth day preceding such Stated Maturity or redemption. Notwithstanding the foregoing, the interest rate hereon shall not be greater than the Maximum Interest Rate, if any, or less than the Minimum Interest Rate, if any, shown on the face hereof. The Calculation Agent shall calculate the interest rate on this Note in accordance with the foregoing on each Interest Determination Date. The Interest Rate on this Note will in no event be higher than the maximum rate permitted by Maryland law as the same may be modified by the United States law of general applicability. The Calculation Agent will, upon the request of the Holder of this Note provide to such Holder the interest rate hereon then in effect on that and, if different, the interest rate which will become effective as of the next applicable Interest Rate Determination Reset Date.

Appears in 1 contract

Samples: Baltimore Gas and Electric Company (Atlantic City Electric Co)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index (as defined below) as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent) and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Gte Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not so published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.so provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (each, a "Reference Dealer") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Issuing and Paying Agency Agreement (Union Planters Corp)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page page, or if not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be such Treasury Constant Maturity rate for the Treasury constant maturity rate having the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published, or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate for such CMT Rate Interest Determination Date will be such Treasury Constant Maturity rate for the Treasury constant maturity rate, Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate for the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean (rounded to the nearest one hundred-thousandth of a percentage point, with five one millionths of a percentage point rounded upwards) of the secondary market closing offer side prices as of approximately 3:30 P.M. (New York City time) on the CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States states government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States ("Treasury (“Treasury Notes”Note") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator Calculation Agent cannot obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to for such CMT Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean (rounded to the nearest one hundred-thousandth of a percentage point, with five one millionths of a percentage point rounded upwards) of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.3:30

Appears in 1 contract

Samples: investors.kirbycorp.com

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.," under the column for: (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest Rate Determination Date; or (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quarter, as specified on the Remarketing Terms Determination Date, ended immediately before the week in which the related Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the rate described above is not displayed on the relevant page by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate will be the Treasury constant maturity rate having the designated index maturity, as published in H.15(519) or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m., New York City time on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate will be the Treasury constant maturity rate, or other United States Treasury rate, for the index maturity and with reference to the relevant Interest Rate Determination Date, that is published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph cannot be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date reported, according to their written records, by leading primary United States government securities dealers in New York City. The Administrator will select five such securities dealers and will eliminate the highest and lowest quotations or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is equality, one of the lowest). If two Treasury Notes with an original maturity longer than the designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Administration Agreement (SLM Funding LLC)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof, for the week or the month, as applicable, ended immediately before preceding the week or the month, as applicable, in which the related CMT Rate Interest Rate Determination Date occursfalls. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not so displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not so published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.so provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market offered rates as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers in The City of New York City. The Administrator will select (which may include Credit Suisse First Boston Corporation, PaineWebber Incorporated and Prudential Securities Incorporated (the "Agents") or their affiliates) (each, a "Reference Dealer") selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest)), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid offered rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offered rates obtained and neither the highest nor the lowest of such quotes will be eliminated; provided, however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Bankunited Financial Corp

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . H.15...Mondays Approximately 3:45 p.m.,” P.M.", under the column for: for the Designated CMT Maturity Index for (i) if the Designated CMT Moneyline Telerate Page is 70517055, the rate on that such CMT Rate Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month or the quartermonth, as specified on the Remarketing Terms Determination Dateapplicable, ended immediately before preceding the week in which the related CMT Rate Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Rate for such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index (as defined below) as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate on such CMT Rate Interest Determination Date will be the Treasury such treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and Designated CMT Maturity Index) for the CMT Rate Interest Determination Date with reference respect to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant related Calculation Date, then the CMT Rate on the CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on such CMT Rate Interest Determination Date reported, according to their written records, by three leading primary United States government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select selected by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest highest) and the lowest quotationsquotation (or, in the event of equality, one of the lowest), for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes") with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator will determine the CMT Rate to on such CMT Rate Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant such CMT Rate Interest Rate Determination Date of leading primary United States government securities dealers three Reference Dealers in The City of New York City. In selecting these offered rates, the Administrator will request quotations (from at least five such securities dealers Reference Dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is or, in the event of equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest)), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount of at least $100 million. If three or four (and not five) of such Reference Dealers are quoting as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotes will be eliminated; provided however, that if fewer than three Reference Dealers so selected by the Calculation Agent are quoting as mentioned herein, the CMT Rate determined as of such CMT Rate Interest Determination Date will be the CMT Rate in effect on such CMT Rate Interest Determination Date. If two Treasury Notes with an original maturity longer than as described in the designated CMT index maturity second preceding sentence have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain from five Reference Dealers quotations for the Treasury Note with the shorter remaining term to maturity, (v) if three or four but not five leading primary United States government securities dealers are quoting as described in the prior paragraph, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average of the bid rates obtained and neither the highest nor the lowest of those quotations will be eliminated, or (vi) if fewer than three leading primary United States government securities dealers selected by the Administrator are quoting as described in (v) above, the CMT Rate will remain the CMT Rate then in effect on that Interest Rate Determination Date.

Appears in 1 contract

Samples: Reynolds & Reynolds Co

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index (as defined below) for (i) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that such CMT Interest Rate Determination Date; or Date and (ii) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month week or the quartermonth, as specified on the Remarketing Terms Determination Dateface hereof, ended immediately before preceding the week or month, as applicable, in which the related CMT Interest Rate Determination Date occurs. The following procedures will apply if the CMT Rate cannot be determined as described above: (i) if the If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that the Calculation Date pertaining to such CMT Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination Date, then the CMT Rate with respect to such CMT Interest Determination Date will be the Treasury treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that the Calculation Date pertaining to such CMT Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Rate with respect to such CMT Interest Determination Date will be the Treasury treasury constant maturity rate, rate for the Designated CMT Maturity Index (or other United States Treasury rate, rate for the index maturity and with reference Designated CMT Maturity Index) for the CMT Interest Determination Date pertaining to the relevant such Interest Rate Determination Date, that is Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant Calculation Date pertaining to such CMT Interest Determination Date, then the CMT Rate with respect to such CMT Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Interest Determination Date reported, according to their written records, by three leading primary United States U.S. government securities dealers (each, a "Reference Dealer") in The City of New York City. The Administrator will select identified by the Calculation Agent (from five such securities dealers Reference Dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotation (or, in the event of equality, one of the highest and lowest quotations, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury (“Treasury Notes”) with an original maturity of approximately the designated index maturity and a remaining term to maturity of not less than the designated index maturity minus one year in a representative amount, (iv) if the Administrator cannot obtain three Treasury Note quotations of the kind described above in (iii), the Administrator will determine the CMT Rate to be the yield to maturity based on the average of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, as of approximately 3:30 p.m., New York City time, on the relevant Interest Rate Determination Date of leading primary United States government securities dealers in New York City. In selecting these offered rates, the Administrator will request quotations from at least five such securities dealers and will disregard the highest quotation (or if there is equality, one of the highest) and the lowest quotation (or if there is or, in the event of equality, one of the lowest). If two ), for the most recently issued direct non-callable fixed rate obligations of the United States ("Treasury Notes Securities") with an original maturity longer than of approximately the designated Designated CMT index maturity have remaining terms to maturity that are equally close to the designated CMT index maturity, the Administrator will obtain quotations for the Treasury Note with the shorter Maturity Index and a remaining term to maturitymaturity of not less than such Designated CMT Maturity Index minus one year; provided, (v) however, that if three or four four, but not five leading primary United States government securities dealers are quoting five, of such Reference Dealers provide quotations as described in the prior paragraphabove, then the CMT Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those such quotations will be eliminated. If the Calculation Agent cannot obtain three such Treasury Security quotations, the CMT Rate with respect to such CMT Interest Determination Date will be calculated by the Calculation Agent and will be a yield to maturity based on the arithmetic mean of the secondary market offer side prices as of approximately 3:30 P.M., New York City time, on the CMT Interest Determination Date reported, according to their written records, by three Reference Dealers in The City of New York identified by the Calculation Agent (from five such Reference Dealers selected by the Calculation Agent and eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest)) for Treasury Securities with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining term to maturity closest to the Designated CMT Maturity Index and in an amount that is representative for a single transaction in that market at that time; provided, however, that if three or (vi) if four, but not five, of such Reference Dealers provide quotations as described above, then the CMT Rate will be based on the arithmetic mean of the offer prices obtained and neither the highest nor the lowest of such quotations will be eliminated. If two Treasury Securities with an original maturity as described in the preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the quotes for the Treasury Security with the shorter remaining term to maturity will be used. If fewer than three leading primary United States government securities dealers Reference Dealers selected by the Administrator Calculation Agent are quoting as described in (v) aboveherein, the CMT Rate will remain be the CMT Rate then in effect on that such CMT Interest Rate Determination Date.

Appears in 1 contract

Samples: Supplemental Indenture (MDC Holdings Inc)

Treasury Constant Maturities. Federal Reserve Board Release H.15 . . . Mondays Approximately 3:45 p.m.P.M.," under the column for: for the Designated CMT Maturity Index for (i1) if the Designated CMT Moneyline Telerate Page is 7051, the rate on that Interest such Constant Maturity Treasury Rate Determination Date; or Date and (ii2) if the Designated CMT Moneyline Telerate Page is 7052, the average for the week, the month weekly or the quartermonthly average, as specified on the Remarketing Terms Determination Dateface hereof or in the pricing supplement attached hereto or delivered herewith, for the week or the month, as applicable, ended immediately before preceding the week or month, as applicable, in which the Interest related Constant Maturity Treasury Rate Determination Date occurs. The following procedures will apply be followed if the such rate does not appear on such Designated CMT Rate cannot be determined as described above: (i) if the Telerate Page. If such rate described above is not no longer displayed on the relevant page or is not displayed by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination Date, unless the calculation is made earlier and the rate is available from that source at that time on that Interest Rate Determination related Calculation Date, then the CMT Treasury Rate for the Constant Maturity Treasury Rate Determination Date will be the Treasury such treasury constant maturity rate having for the designated index maturity, Designated CMT Maturity Index as published in the relevant H.15(519) ). If such rate is no longer published or another recognized electronic source for displaying the rate, (ii) if the applicable rate described above is not published in H.15(519) or another recognized electronic source for displaying such rate by 3:00 p.m.P.M., New York City time time, on that Interest Rate Determination the related Calculation Date, unless the calculation is made earlier and the rate is available from one of those sources at that time, then the CMT Treasury Rate for the Constant Maturity Treasury Rate Determination Date will be the Treasury such treasury constant maturity raterate for the Designated CMT Maturity Index, or other United States Treasury rateRate for the Designated CMT Maturity Index, for the index maturity and with reference to the relevant Interest Constant Maturity Treasury Rate Determination Date, that is Date with respect to such Interest Reset Date as may then be published by either the Board of Governors of the Federal Reserve System or the United States Department of the Treasury and that the Administrator Calculation Agent determines to be comparable to the rate formerly displayed on the Designated CMT Moneyline Telerate Page shown above and published in the relevant H.15(519), (iii) if the rate described in the prior paragraph can. If such information is not be determined, then the Administrator will determine the CMT Rate to be a yield to maturity based on the average of the secondary market closing offered rates as of approximately 3:30 p.m.provided by 3:00 P.M., New York City time, on the relevant Interest related Calculation Date, then the Treasury Rate on the Constant Maturity Treasury Rate Determination Date will be calculated by the Calculation Agent. Such Treasury Rate will be a yield to maturity, based on the arithmetic mean of the secondary market closing offer side prices as of approximately 3:30 P.M., New York City time, on the Constant Maturity Treasury Rate Determination Date reported, according to their written records, by three leading primary United States U.S. government securities dealers in The City of New York City. The Administrator will select selected by the Calculation Agent, one of which may be the Agent, from five such securities dealers selected by the Calculation Agent and will eliminate eliminating the highest and lowest quotations quotations, or in the event of equality, one of the highest, and the lowest quotation, or, in the event of equality, one of the highest and lowest quotationslowest, for the most recently issued direct noncallable fixed rate obligations of the United States Treasury ("Treasury Notes”) "), with an original maturity of approximately the designated index maturity Designated CMT Maturity Index and a remaining term to maturity of not less than the designated index maturity such Designated CMT Maturity Index minus one year in a representative amount, (iv) if year. If the Administrator cannot Calculation Agent is unable to obtain three such Treasury Note quotations of the kind described above in (iii)quotations, the Administrator Treasury Rate on the Constant Maturity Treasury Rate Determination Date will determine be calculated by the CMT Calculation Agent as follows. Such Treasury Rate to will be the a yield to maturity based on the average arithmetic mean of the secondary market bid rates for Treasury Notes with an original maturity longer than the designated CMT index maturity which have a remaining term to maturity closest to the designated CMT index maturity and in a representative amount, closing offer side prices as of approximately 3:30 p.m.P.M., New York City time, on the relevant Interest Constant Maturity Treasury Rate Determination Date of reported, according to their written records, by three leading primary United States U.S. government securities dealers in the City of New York City. In selecting these offered ratesselected by the Calculation Agent, one of which may be the Administrator will request quotations Agent, from at least five such securities dealers selected by the Calculation Agent and will disregard eliminating the highest quotation (or if there is and lowest quotations, or, in the event of equality, one of the highest) , and the lowest quotation (or if there is quotation, or, in the event of equality, one of the lowest), for Treasury Notes with an original maturity of the number of years that is the next highest to the Designated CMT Maturity Index and a remaining maturity closest to the Index Maturity specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, and in an amount that is representative for a single transaction in that market at that time. If two Treasury Notes with an original maturity longer than the designated CMT index maturity maturity, as described herein, have remaining terms to maturity that are equally close to the designated Designated CMT index maturityMaturity Index, the Administrator Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity, (v) if maturity and will use such quotations to calculate the Treasury Rate as set forth herein. If three or four but four, and not five leading primary United States government securities five, of such dealers are quoting as described in the prior paragraphabove, then the CMT Treasury Rate for the relevant Interest Rate Determination Date will be based on the average arithmetic mean of the bid rates offer prices obtained and neither the highest nor the lowest of those quotations such quotes will be eliminated. However, or (vi) if fewer than three leading primary United States government securities dealers so selected by the Administrator Calculation Agent are quoting as described in (v) mentioned above, the CMT Treasury Rate determined as of the Constant Maturity Treasury Rate Determination Date will remain be the CMT Treasury Rate then in effect on that Interest the Constant Maturity Treasury Rate Determination Date. If two Treasury Notes with an original maturity as described in the third preceding sentence have remaining terms to maturity equally close to the Designated CMT Maturity Index, the Calculation Agent will obtain quotations for the Treasury Note with the shorter remaining term to maturity and will use such quotations to calculate the Treasury Rate as set forth above.

Appears in 1 contract

Samples: Citigroup Capital Xi

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