Components in Fallback Rate (THBFIX) calculation (unit: percent per annum)

1. USDTHB Spot Rate on the Original THBFIX Rate Record Day (unit: Baht per 1 US Dollar)
2. USDTHB Forward Points on the Original THBFIX Rate Record Day (unit: Satang)
3. Fallback Rate (SOFR) (which is the USD rate that is a replacement rate of USD LIBOR) most recently published by Bloomberg on the Fallback Rate (THBFIX) publication date.

Sources

1. Contributing Banks
2. FX Brokers
3. Refinitiv (formerly known as Thomson Reuters)

Remarks

1. Fallback Rate (THBFIX) is calculated from USDTHB FX Spot and USDTHB FX Swap transactions undertaken by the Contributing Banks by using Fallback Rate (THBFIX) calculation methodology
2. Fallback Rate (THBFIX) is published for each Bangkok business day at 9.00 am. Fallback Rate (THBFIX) published each day represents Fallback Rate (THBFIX) on the Original THBFIX Rate Record Day (or the day corresponding to original THBFIX fixing date in an Interest Rate Swap transaction.

Terms and Conditions for use/ Disclaimer

Fallback Rate (THBFIX) and components

1. Bank of Thailand (BOT) who is the owner and administrator of the transactions-based Fallback Rate of Thai Baht Interest Rate Fixing or Fallback Rate (THBFIX), Refinitiv who is the official Calculating Agent, and the Contributing Banks and FX Brokers who supply the data do not warrant the completeness, timeliness, regularity, or accuracy of the published Fallback Rate (THBFIX) and components. The transactions-based Fallback Rate (THBFIX) and components may be subject to change at any time without notice.
2. Under no circumstances shall BOT, Refinitiv, the Contributing Banks and FX Brokers be liable for any loss, damage, liability or expense incurred or suffered which is claimed to resulted from the use of the published Fallback Rate (THBFIX) and components, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Under no circumstances, including, but not limited to, negligence, shall BOT, Refinitiv, the Contributing Banks and FX Brokers be liable for any direct, indirect, incidental, special or consequential damages, even if BOT, Refinitiv, the Contributing Banks and FX Brokers have been advised of the possibility of such damages.
3. User specifically acknowledge and agree that BOT, Refinitiv, the Contributing Banks and FX Brokers are not liable for any conduct of any User.
4. As a condition of use of the published Fallback Rate (THBFIX) and components, User agree to indemnify BOT, Refinitiv, the Contributing Banks and FX Brokers from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out User’s use of the published Fallback Rate (THBFIX) and components, including without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If User is dissatisfied with the published Fallback Rate (THBFIX) and components, User’s sole and exclusive remedy is to discontinue using the published Fallback Rate (THBFIX) and components.
5. The authorized display, reproduction, external distribution of Bank of Thailand Transactions-based Fallback Rate (THBFIX) and components or any derivatives works or improvements in any form or manner is expressly prohibited.

Fallback Rate (SOFR)

1. Fallback Rate (SOFR) serves directly or indirectly as an input or underlying reference for Fallback Rate (THBFIX), and it and the trademarks Fallback Rate (SOFR), Bloomberg Index Services Limited are used with permission under license by Bloomberg Index Services Limited and collectively with its affiliates, Bloomberg as calculating agent and distributor of Fallback Rate (SOFR).
2. Bloomberg, International Swaps and Derivatives Association (ISDA) and their respective licensors are the sole owners of the intellectual property rights with respect to the Fallback Rate (SOFR).
3. Neither Bloomberg nor ISDA guarantee the quality, accuracy and/or the completeness of the Fallback Rate (SOFR) or any data included therein and shall not have any liability for any errors or omission or interruptions in the calculation and/or dissemination of the Fallback Rate (SOFR). Neither Bloomberg nor ISDA makes any warranty, express or implied, as to results to be obtained by or from the use of the Fallback Rate (SOFR) or any data included therein or for any other use (whether directly or via any product referenced thereto) and each hereby expressly disclaims all warranties or merchantability or fitness for a particular purpose or use with respect to the Fallback Rate (SOFR) or any data included therein. Without limiting any of the foregoing, to the extent permitted by law, each of Bloomberg and ISDA disclaim any liability for any punitive, indirect, special, or consequential damages (including lost profits), even if notified of the possibility of such damages.