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
(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.
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