Page:United States Statutes at Large Volume 104 Part 1.djvu/303

 PUBLIC LAW 101-311—JUNE 25, 1990 104 STAT. 269 (1) in paragraph (24)— (A) by inserting "as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade," after "transfer of a commodity,", and (B) by inserting ", including, but not limited to, a repurchase transaction, reverse repurchase transaction, consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any combination thereof or option thereon" after "entered into"; (2) in paragraph (25) by striking out "commodities" and inserting "a commodity, as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade"; (3) by redesignating paragraphs (34) through (55), as paragraphs (36) through (57), respectively; and (4) by inserting after paragraph (33) the following: "(34) 'margin payment' means, for purposes of the forward contract provisions of this title, payment or deposit of cash, a security or other property, that is commonly known in the forward contract trade as original margin, initial margin, maintenance margin, or variation margin, including mark-to- market payments, or variation payments; and "(35) 'settlement payment' means, for purposes of the forward contract provisions of this title, a preliminary settlement pay- ment, a partial settlement payment, an interim settlement payment, a settlement payment on account, a final settlement payment, a net settlement payment, or any other similar pay- ment commonly used in the forward contract trade;". SEC. 202. AUTOMATIC STAY. Section 362(b)(6) of title 11, United States (Dode, is amended— (1) by striking "section 741(5) or 761(15)" and inserting "section 101(34), 741(5), or 761(15)"; and (2) by striking "section 741(8)" and inserting "section 101(35) or 741(8)". SEC. 203. LIMITATIONS ON AVOIDING POWERS. Section 546(e) of title 11, United States Code, is amended— (1) by striking "section 741(5) or 761(15)" and inserting "section 101(34), 741(5), or 761(15)"; and (2) by striking "section 741(8)" and inserting "section 101(35) or 741(8)". SEC. 204. FRAUDULENT TRANSFERS AND OBLIGATIONS. Section 548(d)(2)(B) of title 11, United States Code, is amended— (1) by striking "section 741(5) or 761(15)" and inserting "sec-, tion 101(34), 741(5) or 761(15)"; and (2) by striking "section 741(8)" and inserting "section 101(35) or 741(8)".

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