Sec. 7. As used in this chapter, “determining person”, with respect to a particular contract, security, or instrument, means:

(1) a person specified as the determining person with respect to the contract, security, or instrument; or

Terms Used In Indiana Code 28-10-2-7

  • 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.
  • 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

  • LIBOR replacement date: means the following:

    Indiana Code 28-10-2-11

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) if there is not a person specified as the determining person with respect to the contract, security, or instrument, the following, in order of priority:

(A) A person with the authority, right, or obligation to determine the benchmark replacement that will take effect on the LIBOR replacement date.

(B) If there is not a person described in clause (A) with respect to the contract, security, or instrument, a person with the authority, right, or obligation to calculate or determine a valuation, payment, or other measurement based on a benchmark.

(C) If there is not a person described in clause (A) or (B) with respect to the contract, security, or instrument, a person with the authority, right, or obligation to notify other persons of the occurrence of a LIBOR discontinuance event, a LIBOR replacement date, or a benchmark replacement.

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