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This excerpt taken from the PSD 10-Q filed Nov 5, 2008. Reference
Rate” means the variable rate of interest per annum established by
Scotia Capital from time to time as its “reference rate.” Such
“reference rate” is set by Scotia Capital as a general reference rate of
interest, taking into account such factors as Scotia Capital may deem
appropriate, it being understood that many of Scotia Capital’s commercial or
other loans are priced in relation to such rate, that it is not necessarily the
lowest or best rate actually charged to any customer and that Scotia Capital may
make various commercial or other loans at rates of interest having no
relationship to such rate. For purposes of this Agreement, each
change in the Reference Rate shall be effective as of the opening of business on
the date announced as the effective date of any change in such “reference
rate.”
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