Sec. 10. (a) As used in this chapter, "LIBOR discontinuance event" means the earliest to occur of any of the following:
(1) A public statement or publication of information that:
(A) is made by, or on behalf of, the administrator of LIBOR;
(B) announces that the administrator has ceased or will cease to provide LIBOR, whether permanently or indefinitely; and
(C) when made, there is no successor administrator that will continue to provide LIBOR.
(2) A public statement or publication of information that:
(A) is made by the regulatory supervisor for the administrator of LIBOR, the United States Federal Reserve System, an insolvency official with jurisdiction over the administrator of LIBOR, a resolution authority with jurisdiction over the administrator of LIBOR, or a court or entity with similar insolvency or resolution authority over the administrator of LIBOR;
(B) states that the administrator of LIBOR has ceased or will cease to provide LIBOR, whether permanently or indefinitely; and
(C) when made, there is no successor administrator that will continue to provide LIBOR.
(3) A public statement or publication of information that:
(A) is made by the regulatory supervisor for the administrator of LIBOR; and
(B) announces that LIBOR is no longer representative.
(b) With respect to a particular contract, security, or instrument, the term does not include a public statement or publication of information that affects one (1) or more tenors of LIBOR in either of the following circumstances:
(1) If:
(A) the contract, security, or instrument:
(i) provides for only one (1) tenor of LIBOR; and
(ii) requires interpolation; and
(B) the tenor provided for can be interpolated from LIBOR tenors that are not affected by the public statement or publication of information.
(2) If:
(A) the contract, security, or instrument permits a party to choose from more than one (1) tenor of LIBOR; and
(B) any of the specified tenors:
(i) is not affected by the public statement or publication of information; or
(ii) can be interpolated from LIBOR tenors that are not affected by the public statement or publication of information, if the contract, security, or instrument requires interpolation.
As added by P.L.67-2022, SEC.1.
Structure Indiana Code
Title 28. Financial Institutions
Article 10. General Provisions and Definitions
Chapter 2. Libor Discontinuance and Replacement
28-10-2-1. Applicability; Conflicts With Other Indiana Code Provisions
28-10-2-3. "Benchmark Replacement"
28-10-2-4. "Benchmark Replacement Conforming Changes"
28-10-2-5. "Calculating Person"
28-10-2-6. "Contract, Security, or Instrument"
28-10-2-7. "Determining Person"
28-10-2-8. "Fallback Provisions"
28-10-2-10. "Libor Discontinuance Event"
28-10-2-11. "Libor Replacement Date"
28-10-2-12. "Recommended Benchmark Replacement"
28-10-2-13. "Recommended Spread Adjustment"
28-10-2-14. "Relevant Recommending Body"
28-10-2-15. "Secured Overnight Financing Rate"
28-10-2-16. "Sofr Administrator's Internet Web Site"
28-10-2-20. Certain Agreements, Contracts, Securities, and Instruments Not Affected
28-10-2-21. Selection or Use of Recommended Benchmark Replacement as Substantial Performance
28-10-2-24. No Negative Inference or Presumption as to Validity or Enforceability of Certain Terms