the written notice of the selection of the alternative rate provided by the Registered Owner to the Governmental Agency and are publicly available for review).

“AMERIBOR” means, for the corresponding tenor, the term AMERIBOR benchmark interest rate as provided by American Financial Exchange, LLC as administrator of the benchmark (or a successor administrator) to, and published by, authorized distributors of AMERIBOR, as selected in the sole discretion of the Registered Owner.

“Available Tenor” means, as of any date of determination and with respect to the then-current Benchmark, as applicable, (x) if the then-current Benchmark is a term rate, any tenor for such Benchmark that is or may be used for determining the length of an Interest Period or (y) otherwise, any payment period for interest calculated with reference to such Benchmark, as applicable, pursuant to this Note as of such date.

“Bank Yield Index” means, for the corresponding tenor, the Bank Yield Index as provided by the ICE Benchmark Administration as administrator of the benchmark (or a successor administrator).

“Benchmark” means, initially, USD LIBOR; provided that if a replacement of the Benchmark has occurred pursuant to this Section titled “Benchmark Replacement Setting,” then “Benchmark” means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior benchmark rate. Any reference to “Benchmark” shall include, as applicable, the published component used in the calculation thereof.

• “Benchmark Replacement” means, for any Available Tenor:
• For purposes of clause (a) of this Section, the first alternative set forth below that can be determined by the Registered Owner:
• (A)the sum of: (i) Term SOFR and (ii) the Benchmark Replacement Adjustment;
• (B)the sum of: (i) Daily Simple SOFR and (ii) the Benchmark Replacement Adjustment;
• provided that, giving due consideration to any recommendation of the Relevant Government Body and to evolving market practices and standards, the Registered Owner may, in its discretion, replace the Benchmark Replacement in paragraph (A) or (B) above in this definition with the sum of (i) the Alternative Benchmark Rate and (ii) the Benchmark Replacement Adjustment; provided further that, in such event, the Registered Owner shall provide written notice of such election to the Governmental Agency prior to the replacement of USD LIBOR; and
• For purposes of clause (b) of this Section, the sum of (A) the benchmark rate set forth in the Benchmark Transition Notice and (B) the Benchmark Replacement Adjustment;