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
(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.
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