Sec. 18. (a) This section applies to any contract, security, or instrument that uses LIBOR as a benchmark and that contains fallback provisions that permit or require the selection of a benchmark replacement that:
(1) is based in any way on any LIBOR value; or
(2) is:
(A) a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR;
(B) a reasonable, comparable, or analogous term for LIBOR under or with respect to the contract, security, or instrument; or
(C) based on a methodology or information that is similar or comparable to LIBOR.
(b) With respect to any contract, security, or instrument to which this section applies, a determining person is authorized, but is not required, to select on or after the occurrence of a LIBOR discontinuance event the recommended benchmark replacement as the benchmark replacement for the contract, security, or instrument. A selection of the recommended benchmark replacement under this section must be:
(1) irrevocable;
(2) made by the earlier of:
(A) the LIBOR replacement date; or
(B) the latest date for selecting a benchmark replacement under the terms of the contract, security, or instrument; and
(3) used in any determination of the benchmark that is made under or with respect to the contract, security, or instrument on or after the LIBOR replacement date.
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