Ind. Code § 28-10-2-4

Current through P.L. 171-2024

Section 28-10-2-4 - "Benchmark replacement conforming changes"

As used in this chapter, "benchmark replacement conforming changes" means any technical, administrative, or operational changes, alterations, or modifications that:

(1) are made to a contract, security, or instrument;

(2) are associated with and reasonably necessary for the use, adoption, calculation, or implementation of a recommended benchmark replacement; and

(3) either:

(A) have been selected or recommended by a relevant recommending body; or

(B) if, in the reasonable judgment of the calculating person for a particular contract, security, or instrument, the changes selected or recommended under clause (A):

(i) do not apply to the contract, security, or instrument; or

(ii) are insufficient to permit the administration and calculation of the recommended benchmark replacement;

consist of such other changes, alterations, or modifications that, in the reasonable judgment of the calculating person, are necessary to permit the administration and calculation of the recommended benchmark replacement in a manner consistent with market practice for substantially similar contracts, securities, or instruments and, to the extent practicable, in the manner in which the particular contract, security, or instrument was administered immediately before the LIBOR replacement date, and that would not result in a disposition of the contract, security, or instrument for United States federal income tax purposes.

IC 28-10-2-4

Added by P.L. 67-2022,SEC. 1, eff. 3/10/2022.