Coach 2012 Annual Report Download - page 172

Dis the percentage rate per annum payable by the Bank of England to the Administrative Agent on interest bearing Special Deposits.
Eis designed to compensate Lenders for amounts payable under the Fees Rules and is calculated by the Administrative Agent as being the
average of the most recent rates of charge supplied by the Reference Banks to the Administrative Agent pursuant to paragraph 7 below and
ex
p
ressed in
p
ounds
p
er £1,000,000.
5. For the
p
ur
p
oses of this Schedule:
(a) “Eligible Liabilities” and “Special Deposits” have the meanings given to them from time to time under or pursuant to the Bank of England
Act 1998 or (as may be appropriate) by the Bank of England;
(b) “Facility Office” means the office or offices notified by a Lender to the Administrative Agent in writing on or before the date it becomes a
Lender (or, following that date, by not less than five Business Days’ written notice) as the office or offices through which it will perform its
obli
g
ations under this A
g
reement;
(c) “Fees Rules” means the rules on periodic fees contained in the Financial Services Authority Fees Manual or such other law or regulation as
may be in force from time to time in respect of the payment of fees for the acceptance of deposits;
(d) “Fee Tariffs” means the fee tariffs specified in the Fees Rules under the activity group A.1 Deposit acceptors (ignoring any minimum fee o
r
zero rated fee required pursuant to the Fees Rules but taking into account any applicable discount rate);
(e) “Participating Member State” means any member state of the European Union that adopts or has adopted the euro as its lawful currency in
accordance with le
g
islation of the Euro
p
ean Union relatin
g
to economic and monetar
y
union;
(f) “Reference Banks” means, in relation to Mandatory Cost, the principal London offices of JPMorgan Chase Bank, N.A.;
(g) “Tariff Base” has the meaning given to it in, and will be calculated in accordance with, the Fees Rules; and
(h) “Unpaid Sum” means any sum due and payable but unpaid by any Borrower under the Loan Documents.
6. In application of the above formulae, A, B, C and D will be included in the formulae as percentages (i.e. 5 per cent. will be included in the formula as 5
and not as 0.05). A negative result obtained by subtracting D from B shall be taken as zero. The resulting figures shall be rounded to four decimal
p
laces.
7. If requested by the Administrative Agent, each Reference Bank shall, as soon as practicable after publication by the Financial Services Authority,
supply to the Administrative Agent, the rate of charge payable by that Reference Bank to the Financial Services Authority pursuant to the Fees Rules in
respect of the relevant financial year of the Financial Services Authority (calculated for this purpose by that Reference Bank as being the average of the
Fee Tariffs applicable to that Reference Bank for that financial year) and expressed in pounds per £1,000,000 of the Tariff Base of that Reference Bank.
2