Benchmark
The term “benchmark” means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of or as a reference for calculating or determining any valuation, payment, or other measurement.
Benchmark administrator
The term “benchmark administrator” means a person that publishes a benchmark for use by third parties.
Benchmark replacement
The term “benchmark replacement” means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR), to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to a LIBOR contract.
Benchmark replacement conforming changes
Board
The term “Board” means the Board of Governors of the Federal Reserve System.
Board-selected benchmark replacement
section 5803(e) of this titleThe term “Board-selected benchmark replacement” means a benchmark replacement identified by the Board that is based on SOFR, including any tenor spread adjustment pursuant to .
Calculating person
The term “calculating person” means, with respect to any LIBOR contract, any person, including the determining person, responsible for calculating or determining any valuation, payment, or other measurement based on a benchmark.
Consumer; credit
section 1602 of title 15The terms “consumer” and “credit” have the meanings given the terms in .
Consumer loan
The term “consumer loan” means a consumer credit transaction.
Determining person
The term “determining person” means, with respect to any LIBOR contract, any person with the authority, right, or obligation, including on a temporary basis (as identified by the LIBOR contract or by the governing law of the LIBOR contract, as appropriate) to determine a benchmark replacement.
Fallback provisions
The term “fallback provisions” means terms in a LIBOR contract for determining a benchmark replacement, including any terms relating to the date on which the benchmark replacement becomes effective.
IBOR
The term “IBOR” means LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease.
IBOR benchmark replacement
The term “IBOR benchmark replacement” means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of an IBOR), to replace an IBOR or any interest rate or dividend rate based on an IBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to an IBOR contract.
IBOR contract
The term “IBOR contract” means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, continues in any way to use an IBOR as a benchmark.
LIBOR
LIBOR contract
The term “LIBOR contract” means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, uses LIBOR as a benchmark.
LIBOR replacement date
The term “LIBOR replacement date” means the first London banking day after , unless the Board determines that any LIBOR tenor will cease to be published or cease to be representative on a different date.
Security
section 77b(a) of title 15The term “security” has the meaning given the term in .
SOFR
The term “SOFR” means the Secured Overnight Financing Rate published by the Federal Reserve Bank of New York (or a successor administrator).
Tenor spread adjustment
Pub. L. 117–103, div. U, § 103136 Stat. 826(, , .)
Editorial Notes
References in Text
Pub. L. 117–103136 Stat. 825section 5801 of this titleThis chapter, referred to in text, was in the original “this division”, meaning div. U of , , , known as the Adjustable Interest Rate (LIBOR) Act, which is classified principally to this chapter. For complete classification of div. U to the Code, see Short Title note set out under and Tables.