§5803. LIBOR contracts — Inbound Citations
12 U.S.C. § 5803
Cited by 6 provisions in release 119-102.
Citations to 12 U.S.C. § 5803 as a whole
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(b) Neither the selection or use of a Board-selected benchmark replacement as a benchmark replacement nor the determination, implementation, or performance of benchmark replacement conforming changes under section 5803 of this title may—(1) be deemed to impair or affect the right of any person to receive a payment, or to affect the amount or timing of such payment, under any LIBOR contract; or(2) have the effect of—(A) discharging or excusing performance under any LIBOR contract for any reason, claim, or defense (including any force majeure or other provision in any LIBOR contract);(B) giving any person the right to unilaterally terminate or suspend performance under any LIBOR contract;(C) constituting a breach of any LIBOR contract; or(D) voiding or nullifying any LIBOR contract.
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(c) No person shall be subject to any claim or cause of action in law or equity or request for equitable relief, or have liability for damages, arising out of—(1) the selection or use of a Board-selected benchmark replacement;(2) the implementation of benchmark replacement conforming changes; or(3) with respect to a LIBOR contract that is not a consumer loan, the determination of benchmark replacement conforming changes,in each case after giving effect to the provisions of section 5803 of this title; provided, however, that in each case any person (including a calculating person) shall remain subject to the terms of a LIBOR contract that are not affected by this chapter and any existing legal, regulatory, or contractual obligations to correct servicing or other ministerial errors under or with respect to a LIBOR contract.
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(d) The selection or use of a Board-selected benchmark replacement or the determination, implementation, or performance of benchmark replacement conforming changes under section 5803 of this title shall not be deemed to—(1) be an amendment or modification of any LIBOR contract; or(2) prejudice, impair, or affect the rights, interests, or obligations of any person under or with respect to any LIBOR contract.
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(e) Except as provided in subsections3 (a), (b), or (c)(1) of section 5803 of this title, nothing in this chapter may be construed to create any negative inference or negative presumption regarding the validity or enforceability of—(1) any benchmark replacement (including any method for calculating, determining, or implementing an adjustment to the benchmark replacement to account for any historical differences between LIBOR and the benchmark replacement) that is not a Board-selected benchmark replacement; or(2) any changes, alterations, or modifications to or with respect to a LIBOR contract that are not benchmark replacement conforming changes.
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(3) that the right of any holder of any indenture security to receive payment of the principal of and interest on such indenture security shall not be deemed to be impaired or affected by any change occurring by the application of section 5803 of title 12 to any indenture security.
Citations to §5803(e)
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(6) The 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 section 5803(e) of this title.