Sec. 17. (a) On the LIBOR replacement date, the recommended benchmark replacement, by operation of law, becomes the benchmark replacement for any contract, security, or instrument that uses LIBOR as a benchmark and that either:

(1) contains no fallback provisions; or

Terms Used In Indiana Code 28-10-2-17

  • benchmark: means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of, or as a reference for, calculating or determining any valuation, payment, or other measurement under or with respect to a contract, security, or instrument. See Indiana Code 28-10-2-2
  • benchmark replacement: means :

    Indiana Code 28-10-2-3

  • Contract: A legal written agreement that becomes binding when signed.
  • fallback provisions: means terms that are included in a contract, security, or instrument and that set forth a methodology or procedure for determining a benchmark replacement, including any terms relating to the effective date of the benchmark replacement, regardless of whether a benchmark replacement can be determined in accordance with the specified methodology or procedure. See Indiana Code 28-10-2-8
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • LIBOR: means United States Dollar LIBOR (formerly known as the London Interbank Offered Rate), as administered by Intercontinental Exchange Benchmark Administration Limited (or by any predecessor or successor entity), that is used in making any calculation or determination under a particular contract, security or instrument. See Indiana Code 28-10-2-9
  • LIBOR discontinuance event: means the earliest to occur of any of the following:

    Indiana Code 28-10-2-10

(2) contains fallback provisions that result in a benchmark replacement that:

(A) is not a recommended benchmark replacement; and

(B) is based in any way on any LIBOR value.

     (b) After the occurrence of a LIBOR discontinuance event, any fallback provisions in a contract, security, or instrument that provide for a benchmark replacement based on or involving:

(1) a poll, survey, or inquiries for quotes or information concerning interbank lending rates; or

(2) any:

(A) interest rate; or

(B) dividend rate;

based on LIBOR;

shall be disregarded as if not included in the contract, security, or instrument, and are considered void and without any force or effect.

As added by P.L.67-2022, SEC.1.