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efta-efta01388261DOJ Data Set 10Correspondence

EFTA Document EFTA01388261

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EFTA Disclosure
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"HONIX;", for any day in the relevant Calculation Period, is a reference rate equal to the overnight rate as calculated by the Hong Kong Brokers' Association and appearing on the Reuters Screen HONIX Page as at 5:30 p.m., Hong Kong time, in respect of that day. If such rate does not appear on the Reuters Screen HONIX Page in respect of any day the rate for that day will be as agreed between the parties, acting in good faith and in a commercially reasonable manner. If the parties cannot agree, the rate for that day will be the rate displayed on the Reuters Screen HONIX Page in respect of the first preceding Hong Kong Banking Day; "n," is 1, except where the Hong Kong Banking Day is the day immediately preceding a day which is not a Hong Kong Banking Day, in which case it is the number of calendar days from, and including, that Hong Kong Banking Day to, but excluding, the next Hong Kong Banking Day; and "d" is the number of calendar days in the relevant Calculation Period. (vii) "HKD-ISDA-Swap Rate-I I:00" means that the rate fix a Reset Date will be the swap rate for Hong Kong Dollar swap transactions with a maturity of the Designated Maturity, expressed as a percentage, which appears on the Reuters Screen ISDAFIX5 Page as of 11:00 a.m., Hong Kong time, on that Reset Date. If such rate does not appear on the Reuters Screen ISDAFIX5 Page, the rate for that Reset Date will be determined by the Calculation Agent. (viii) "HKD-ISDA-Swap Rate-4:00" means that the rate for a Reset Date will be the swap rate for Hong Kong Dollar swap transactions with a maturity of the Designated Maturity, expressed as a percentage, which appears on the Reuters Screen ISDAFIX5 Page as of 4:00 p.m., Hong Kong time, on that Reset Date. If such rate does not appear on the Reuters Screen ISDAFIX5 Page, the rate for that Reset Date will be determined by the Calculation Agent. (h) Hungarian Forint. (i) "HUF-BUBOR-Reuters" means that the rate for a Reset Date will be the rate for deposits in Hungarian Forint for a period of the Designated Maturity which appears on the Reuters Screen BUBOR Page as of 12:30 p.m., Budapest time, on the day that is two Budapest Banking Days preceding that Reset Date and for which the "Date of Fixing" is designated as the day that is two Budapest Banking Days preceding that Reset Date. If such rate does not appear on the Reuters Screen BUBOR Page by 12:30 p.m., Budapest time, or is at that time designated as the rate for a previous "Date of Fixing", the rate for that Reset Date will be determined on the basis of the BUBOR rate as published by the National Bank of Hungary pursuant to the BUBOR Regulation on the day that is two Budapest Banking Days preceding that Reset Date for a period of the Designated Maturity commencing on that Reset Date. If such published rate is not available, the rate for that Reset Date will be determined as if the parties had specified "HUF- BUBOR-Reference Banks" as the applicable Floating Rate Option. (ii) "HUF-BUBOR-Reference Banks" means that the rate for a Reset Date will be determined on the basis of the rates at which deposits in Hungarian Forint arc offered by Reference Banks in the Budapest interbank market for a period of the Designated Maturity commencing on that Reset Date and in a Representative Amount at approximately 12:30 p.m., Budapest time, on the day that is two Budapest Banking Days preceding that Reset Date. The Calculation Agent will request the principal Budapest office of each of the Reference Banks to provide a quotation of its rate. If quotations are obtained from each of the eight Reference Banks, the rate for that Reset Date will be the arithmetic mean of the four rates remaining after the two 38 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0091723 CONFIDENTIAL SDNY GM_00237907 EFTA01388261

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