Where the credit agreement is a variable rate credit, Member States shall ensure that:
(a)
any indexes or reference rates used to calculate the borrowing rate are clear, accessible, objective and verifiable by the parties to the credit agreement and the competent authorities; and
(b)
historical records of indexes for calculating the borrowing rates are maintained either by the providers of these indexes or the creditors.
CHAPTER 10
SOUND EXECUTION OF CREDIT AGREEMENTS AND RELATED RIGHTS