Examples of Calculation Agent Nominated Replacement Index in a sentence
Whenever the Calculation Agent is required to act, make a determination or exercise judgement pursuant to a replacement of the USD SOFR ICE Swap Rate by either the Alternative Post-Nominated Index rate or the Calculation Agent Nominated Replacement Index rate, it shall do so by reference to Relevant Market Data available at, or a reasonable period of time prior to, the time of notification.
The Calculation Agent shall notify the Issuer of any determination it makes pursuant to the replacement of the USD SOFR ICE Swap Rate by either the Alternative Post-Nominated Index rate or the Calculation Agent Nominated Replacement Index rate as soon as reasonably practicable after either of these replacement rates first apply and, in any event, at least two Business Days before the Cut-off Date.
However, if by 5:00 p.m., New York City time, on the Cut-off Date, more than one Relevant Nominating Body formally designates, nominates or recommends an Alternative Post-Nominated Indexand those designations, nominations or recommendations are not the same, then the Calculation Agent Nominated Replacement Index rate will apply to the Notes.
However, if by 5:00 p.m., New York City time, on the Cut-off Date, more than one Relevant Nominating Body formally designates, nominates or recommends an Alternative Post-Nominated Index and those designations, nominations or recommendations are not the same, then the Calculation Agent Nominated Replacement Index rate will apply to the USD SOFR ICE Swap Rate Notes.
The 2006 Annex gives parties the right to dispute Calculation Agent determinations in relation to the Adjustment Spread, its nomination of the Calculation Agent Nominated Replacement Index, and any other adjustment it makes to the terms of a transaction.
In doing so, market participants may also wish to have such a fallback broadly aligned with the concept of a Calculation Agent Nominated Replacement Index in ISDA’s Benchmarks Supplement and as an ultimate or penultimate fallback provision (e.g. ahead of the last preceding rate) in the sequence of fallback provisions.