Page:United States Statutes at Large Volume 119.djvu/167

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 149

or interests therein, group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option; ‘‘(V) means any margin loan; ‘‘(VI) means any other agreement or transaction that is similar to any agreement or transaction referred to in this clause; ‘‘(VII) means any combination of the agreements or transactions referred to in this clause; ‘‘(VIII) means any option to enter into any agreement or transaction referred to in this clause; ‘‘(IX) means a master agreement that provides for an agreement or transaction referred to in subclause (I), (III), (IV), (V), (VI), (VII), or (VIII), 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 clause, except that the master agreement shall be considered to be a securities contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (III), (IV), (V), (VI), (VII), or (VIII); and ‘‘(X) means any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in this clause, including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in this clause.’’. (c) DEFINITION OF COMMODITY CONTRACT.— (1) FDIC-INSURED DEPOSITORY INSTITUTIONS.—Section 11(e)(8)(D)(iii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(iii)) is amended to read as follows: ‘‘(iii) COMMODITY CONTRACT.—The term ‘commodity contract’ means— ‘‘(I) with respect to a futures commission merchant, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade; ‘‘(II) with respect to a foreign futures commission merchant, a foreign future; ‘‘(III) with respect to a leverage transaction merchant, a leverage transaction; ‘‘(IV) with respect to a clearing organization, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization, or commodity option traded on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization;

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