Laserfiche WebLink
90028032v2 <br /> <br /> <br />Reserve, or any successor thereto (“Federal Reserve”), the CME Term <br />SOFR Administrator, an insolvency official with jurisdiction over the <br />administrator for such Benchmark (or such component), a resolution <br />authority with jurisdiction over the administrator for such Benchmark (or <br />such component) or a court or an entity with similar insol vency or <br />resolution authority over the administrator for such Benchmark (or such <br />component), in each case, which states that the administrator of such <br />Benchmark (or such component) has ceased or will cease to provide all <br />Available Tenors of such Benchmark (or such component thereof) <br />permanently or indefinitely, provided that, at the time of such statement or <br />publication, there is no successor administrator that will continue to <br />provide any Available Tenor of such Benchmark (or such component <br />thereof); <br /> <br />(c) a public statement or publication of information by the <br />regulatory supervisor for the administrator of such Benchmark (or the <br />published component used in the calculation thereof) announcing that all <br />Available Tenors of such Benchmark (or such component th ereof) are no <br />longer, or as of a specified future date will no longer be, representative; <br /> <br />(d) the Benchmark is no longer an industry-accepted reference <br />rate for new loan originations of a similar type to the Loan and/or has been <br />superseded by an alternative reference rate, or <br /> <br />(e) the Benchmark is no longer representative of the cost of <br />funds for the Lender for this Note. <br /> <br />“SOFR” means a rate per annum equal to the secured overnight financing rate <br />published by the Federal Reserve Bank of New York (or successor administrator <br />of the secured overnight financing rate) on the website of the Federal Reserve <br />Bank of New York currently at http://www.newyorkfed.org (or any successor <br />source for the secured overnight financing rate identified as such by the <br />administrator of the secured overnight financing rate from time to time). <br /> <br />"U.S. Dollar LIBOR" means the U.S. Dollar wholesale funding rate known as U.S. <br />Dollar LIBOR (London Interbank Offered Rate) provided by ICE Benchmark <br />Administration Limited, as the administrator of the benchmark, (or a successor <br />administrator). <br /> <br />"Fallback Rate (SOFR)" means the term adjusted SOFR plus the spread relating <br />to U.S. Dollar LIBOR, in each case, for a period of the Designated Maturity <br />provided by Bloomberg Index Services Limited (or a successor provider as <br />approved and/or appointed by ISDA from time to time), as the provider of term <br />adjusted SOFR and the spread, on the Fallback Rate (SOFR) Screen (or by <br />other means) or provided to, and published by, authorized distributors. <br />