Page:United States Statutes at Large Volume 119.djvu/192

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

[119 STAT. 174]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 174]

119 STAT. 174

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(v) any other agreement or transaction that is similar to an agreement or transaction referred to in this subparagraph; ‘‘(vi) any combination of the agreements or transactions referred to in this subparagraph; ‘‘(vii) any option to enter into any agreement or transaction referred to in this subparagraph; ‘‘(viii) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a securities contract under this subparagraph, except that such master agreement shall be considered to be a securities contract under this subparagraph only with respect to each agreement or transaction under such master agreement that is referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or ‘‘(ix) any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in this subparagraph, including any guarantee or reimbursement obligation by or to a stockbroker, securities clearing agency, financial institution, or financial participant in connection with any agreement or transaction referred to in this subparagraph, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section 562; and ‘‘(B) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan;’’; and (3) in section 761(4)— (A) by striking ‘‘or’’ at the end of subparagraph (D); and (B) by adding at the end the following: ‘‘(F) any other agreement or transaction that is similar to an agreement or transaction referred to in this paragraph; ‘‘(G) any combination of the agreements or transactions referred to in this paragraph; ‘‘(H) any option to enter into an agreement or transaction referred to in this paragraph; ‘‘(I) a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H), together with all supplements to such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a commodity contract under this paragraph, except that the master agreement shall be considered to be a commodity contract under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H); or

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 00172

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001