Page:United States Statutes at Large Volume 103 Part 1.djvu/266

 w 103 STAT. 238 PUBLIC LAW 101-73—AUG. 9, 1989 "(D) CERTAIN CONTRACTS AND AGREEMENTS DEFINED.— For purposes of this subsection— "(i) QuAUFiED FINANCIAL CONTRACT. —The term 'qualified financial contract' means any securities con- tract, commodity contract, forward contract, re-

purchase agreement, swap agreement, and any similar agreement that the Corporation determines by regula- tion to be a qualified financial contract for purposes of this paragraph. "(ii) SECURITIES CONTRACT.— The term 'securities contract'— .', "(I) has the meaning given to such term in sec- ,, tion 741(7) of title 11, United States (Dode, except that the term 'security' (as used in such section) shall be deemed to include any mortgage loan, any mortgage-related security (as defined in section 3(a)(41) of the Securities Exchange Act of 1934),, and any interest in any mortgage loan or mort- gage-related security; and "(II) does not include any participation in a commercial mortgage loan unless the Corporation determines by regulation, resolution, or order to include any such participation within the meaning J, of such term. "(iii) COMMODITY CONTRACT. — The term 'commodity contract' has the meaning given to such term in section 761(4) of title 11, United States Code. "(iv) FORWARD CONTRACT. — The term 'forward con- tract' has the meaning given to such term in section 101(24) of title 11, United States Code. "(v) REPURCHASE AGREEMENT.— The term 'repurchase agreement'— "(I) has the meaning given to such term in sec- tion 101(41) of title 11, the United States Code, except that the items (as described in such section) which may be subject to any such agreement shall be deemed to include mortgage-related securities (as such term is defined in section 3(a)(41) of the Securities Exchange Act of 1934, any mortgage loan, and any interest in any mortgage loan; and "(II) does not include any participation in a commercial mortg£^e loan unless the dlorporation determines by r^ulation, resolution, or order to include any such participation within the meaning of such term. "(vi) SWAP AGREEMENT.— The term 'swap agree- ment'— "(I) means any agreement, including the terms and conditions incorporated by reference in any such agreement, which is a rate swap agreement, basis swap, commodity swap, forward rate agree- ment, interest rate future, interest rate option pur- j. chased, forward foreign exchange agreement, rate !^! cap agreement, rate floor agreement, rate collar agreement, currency swap agreement, cross-cur- rency rate swap agreement, currency future, or

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