Page:United States Statutes at Large Volume 119.djvu/176

 119 STAT. 158

PUBLIC LAW 109–8—APR. 20, 2005 property or with an interest in property, including retention of title as a security interest and foreclosure of the depository institution’s equity of redemption.’’. (h) TREATMENT OF QUALIFIED FINANCIAL CONTRACTS.— (1) FDIC-INSURED DEPOSITORY INSTITUTIONS.—Section 11(e)(8) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)) is amended— (A) in subparagraph (A)— (i) by striking ‘‘paragraph (10)’’ and inserting ‘‘paragraphs (9) and (10)’’; (ii) in clause (i), by striking ‘‘to cause the termination or liquidation’’ and inserting ‘‘such person has to cause the termination, liquidation, or acceleration’’; and (iii) by striking clause (ii) and inserting the following new clause: ‘‘(ii) any right under any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts described in clause (i);’’; and (B) in subparagraph (E), by striking clause (ii) and inserting the following: ‘‘(ii) any right under any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts described in clause (i);’’. (2) INSURED CREDIT UNIONS.—Section 207(c)(8) of the Federal Credit Union Act (12 U.S.C. 1787(c)(8)) is amended— (A) in subparagraph (A)— (i) by striking ‘‘paragraph (12)’’ and inserting ‘‘paragraphs (9) and (10)’’; (ii) in clause (i), by striking ‘‘to cause the termination or liquidation’’ and inserting ‘‘such person has to cause the termination, liquidation, or acceleration’’; and (iii) by striking clause (ii) and inserting the following new clause: ‘‘(ii) any right under any security agreement or arrangement or other credit enhancement related to 1 or more qualified financial contracts described in clause (i);’’; and (B) in subparagraph (E), by striking clause (ii) and inserting the following new clause: ‘‘(ii) any right under any security agreement or arrangement or other credit enhancement related to 1 or more qualified financial contracts described in clause (i);’’. (i) AVOIDANCE OF TRANSFERS.— (1) FDIC-INSURED DEPOSITORY INSTITUTIONS.—Section 11(e)(8)(C)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(C)(i)) is amended by inserting ‘‘section 5242 of the Revised Statutes of the United States or any other Federal or State law relating to the avoidance of preferential or fraudulent transfers,’’ before ‘‘the Corporation’’. (2) INSURED CREDIT UNIONS.—Section 207(c)(8)(C)(i) of the Federal Credit Union Act (12 U.S.C. 1787(c)(8)(C)(i)) is amended by inserting ‘‘section 5242 of the Revised Statutes of the United

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