Page:United States Statutes at Large Volume 122.djvu/2777

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

12 2 STA T . 2 754PUBLIC LA W 11 0– 2 89—J UL Y3 0 , 2008 orinte re s t wh i c his p resent ly or in the fu ture b eco m es the sub j ect of d e a lin g in the forward con - tract trade , or product or byproduct thereof, with a maturity date more than 2 days after the date on which the contract is entered into, including a repurchase transaction, re v erse repurchase transaction, consignment, lease, swap, hedge transaction, deposit, loan, option, allocated trans- action, unallocated transaction, or any other similar agreement

‘ (I I ) any combination of agreements or trans- actions referred to in subclauses (I) and (III); ‘‘(III) any option to enter into any agreement or transaction referred to in subclause (I) or (II); ‘‘(I V ) a master agreement that provides for an agreement or transaction referred to in sub- clauses (I), (II), or (III), together with all supple- ments to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a for- ward contract under this clause, e x cept that the master agreement shall be considered to be a for- ward contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), or (III); or ‘‘(V) any security agreement or arrangement or other credit enhancement related to any agree- ment or transaction referred to in subclause (I), (II), (III), or (IV), including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in any such subclause . ‘‘(v) REPURCHAS E A G REE M E NT . —T he term ‘repurchase agreement ’ (including a reverse repurchase agreement)— ‘‘(I) means an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage-related secu- rities (as such term is defined in section 3 of the S ecurities E xchange A ct of 19 3 4 ), mortgage loans, interests in mortgage-related securities or mort- gage loans, eligible ban k ers’ acceptances, q ualified foreign government securities (defined for purposes of this clause as a security that is a direct obliga- tion of, or that is fully guaranteed by, the central government of a member of the O rgani z ation for Economic C ooperation and D evelopment, as deter- mined by regulation or order adopted by the appro- priate F ederal banking authority), or securities that are direct obligations of, or that are fully guaranteed by, the U nited States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers’ acceptances, securities, mortgage loans, or interests with a simultaneous agreement by such transferee to transfer to the transferor