EFTA01388294.pdf

Confirmation specifies a Cap Rate or a Floor Rate, the sum of the rate determined pursuant to Section 6.2(aXiii) in relation to such Cap Rate or Floor Rate and the Spread on the Payment Date, expressed as a decimal; "R2" is (i) if the Swap Transaction is a forward rate transaction, the Fixed Rate, expressed as a decimal and (ii) if the relevant Confirmation specifics a Cap Rate or a Floor Rate, such Cap Rate or Floor Rate, expressed as a decimal; and "ND" is the actual number of days in the Calculation Period. If the FRA Amount calculated in accordance with this Section 8.4(e) for any Calculation Period is: (i) positive and the Swap Transaction is a forward rate transaction, the Fixed Rate Payer shall pay to the Floating Rate Payer the FRA Amount instead of the Fixed Amount on the Payment Date in respect of that Calculation Period and the Floating Rate Payer's obligation to pay any Floating Amount in respect of that Calculation Period will be automatically satisfied and discharged; (ii) negative and the Swap Transaction is a forward rate transaction, the Floating Rate Payer shall pay to the Fixed Rate Payer the absolute value of the FRA Amount instead of the Floating Amount on the Payment Date in respect of that Calculation Period and the Fixed Rate Payer's obligation to pay any Fixed Amount in respect of that Calculation Period will be automatically satisfied and discharged; (iii) positive and the relevant Confirmation specifies a Floor Rate, the Floating Rate Payer shall pay to the Fixed Rate Payer the FRA Amount instead of the Floating Amount on the Payment Date in respect of that Calculation Period; or (iv) negative and the relevant Confirmation specifies a Cap Rate, the Floating Rate Payer shall pay to the Fixed Rate Payer the absolute value of the FRA Amount instead of the Floating Amount on the Payment Date in respect of that Calculation Period. Unless otherwise specified in the related Confirmation, "FRA Yield Discounting" will be deemed to apply to a Swap Transaction which is identified in the related Confirmation as an AUD forward rate transaction, AUD interest rate cap transaction. AUD interest rate floor transaction, AUD interest rate collar transaction, NZD forward rate transaction, NZD interest rate cap transaction, NZD interest rate floor transaction or NZD interest rate collar transaction. ARTICLE 9 PAYMENTS Section 9.1. Relating Payments to Calculation Periods. Unless otherwise provided for a Swap Transaction or a party, (a) where the Fixed Amount or Floating Amount is calculated by reference to a Calculation Period, the Fixed Amount or Floating Amount applicable to a Payment Date will be the Fixed Amount or Floating Amount calculated with reference to the Calculation Period ending on, but excluding, the Period End Date that is (or is closest in time to) that Payment Date or, in the case of the final Calculation Period, ending on, but excluding, the Termination Date and (b) a Discounted Amount applicable to a Payment Date will be the Discounted Amount calculated with reference to the Calculation Period commencing on, and including, the Period End Date that is (or is closest in time to) that Payment Date or, in the case of the initial Calculation Period, commencing on, and including, the Effective Date. 86 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0091771 CONFIDENTIAL SDNY GM_00237955 EFTA01388294