Page:United States Statutes at Large Volume 119.djvu/192

 119 STAT. 174

PUBLIC LAW 109–8—APR. 20, 2005 ‘‘(v) any other agreement or transaction that is similar to an agreement or transaction referred to in this subparagraph; ‘‘(vi) any combination of the agreements or transactions referred to in this subparagraph; ‘‘(vii) any option to enter into any agreement or transaction referred to in this subparagraph; ‘‘(viii) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii), 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 subparagraph, except that such master agreement shall be considered to be a securities contract under this subparagraph only with respect to each agreement or transaction under such master agreement that is referred to in clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or ‘‘(ix) any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in this subparagraph, including any guarantee or reimbursement obligation by or to a stockbroker, securities clearing agency, financial institution, or financial participant in connection with any agreement or transaction referred to in this subparagraph, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section 562; and ‘‘(B) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan;’’; and (3) in section 761(4)— (A) by striking ‘‘or’’ at the end of subparagraph (D); and (B) by adding at the end the following: ‘‘(F) any other agreement or transaction that is similar to an agreement or transaction referred to in this paragraph; ‘‘(G) any combination of the agreements or transactions referred to in this paragraph; ‘‘(H) any option to enter into an agreement or transaction referred to in this paragraph; ‘‘(I) a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H), together with all supplements to such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a commodity contract under this paragraph, except that the master agreement shall be considered to be a commodity contract under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H); or

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