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05-08-23-R
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05-08-23-R
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will continue to provide any Available Tenor of such Benchmark (or such <br />component thereof); <br />(b) 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), the Board of <br />Governors of the Federal Reserve System or the Federal Reserve Bank of <br />New York, or a committee officially endorsed or convened by the Federal <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 insolvency or resolution <br />authority over the administrator for such Benchmark (or such component), <br />in each case, which states that the administrator of such Benchmark (or <br />such component) has ceased or will cease to provide all Available Tenors <br />of such Benchmark (or such component thereof) permanently or <br />indefinitely, provided that, at the time of such statement or publication, there <br />is no successor administrator that will continue to provide any Available <br />Tenor of such Benchmark (or such component thereof); <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 thereof) are no <br />longer, or as of a specified future date will no longer be, representative; <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superseded by an alternative reference rate, or 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 />(e) the Benchmark is no longer representative of the cost of funds <br />for the Lender for this Note. <br />"Business Day" shall mean any day the Lender is open for business and the <br />Benchmark can be determined. <br />"Designated Maturity" shall mean a one (1) month period. <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 other <br />means) or provided to, and published by, authorized distributors. <br />
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