Page:United States Statutes at Large Volume 119.djvu/200

 119 STAT. 182

PUBLIC LAW 109–8—APR. 20, 2005

(2) in sections 362(b)(7) and 546(f), by inserting ‘‘or financial participant’’ after ‘‘repo participant’’ each place such term appears; (3) in section 546(e), by inserting ‘‘financial participant,’’ after ‘‘financial institution,’’; (4) in section 548(d)(2)(B), by inserting ‘‘financial participant,’’ after ‘‘financial institution,’’; (5) in section 548(d)(2)(C), by inserting ‘‘or financial participant’’ after ‘‘repo participant’’; (6) in section 548(d)(2)(D), by inserting ‘‘or financial participant’’ after ‘‘swap participant’’; (7) in section 555— (A) by inserting ‘‘financial participant,’’ after ‘‘financial institution,’’; and (B) by striking the second sentence and inserting the following: ‘‘As used in this section, the term ‘contractual right’ includes a right set forth in a rule or bylaw of a derivatives clearing organization (as defined in the Commodity Exchange Act), a multilateral clearing organization (as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991), a national securities exchange, a national securities association, a securities clearing agency, a contract market designated under the Commodity Exchange Act, a derivatives transaction execution facility registered under the Commodity Exchange Act, or a board of trade (as defined in the Commodity Exchange Act), or in a resolution of the governing board thereof, and a right, whether or not in writing, arising under common law, under law merchant, or by reason of normal business practice.’’; (8) in section 556, by inserting ‘‘, financial participant,’’ after ‘‘commodity broker’’; (9) in section 559, by inserting ‘‘or financial participant’’ after ‘‘repo participant’’ each place such term appears; and (10) in section 560, by inserting ‘‘or financial participant’’ after ‘‘swap participant’’. (p) CONFORMING AMENDMENTS.—Title 11, United States Code, is amended— (1) in the table of sections for chapter 5— (A) by amending the items relating to sections 555 and 556 to read as follows: ‘‘555. Contractual right to liquidate, terminate, or accelerate a securities contract. ‘‘556. Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract.’’;

and (B) by amending the items relating to sections 559 and 560 to read as follows: ‘‘559. Contractual right to liquidate, terminate, or accelerate a repurchase agreement. ‘‘560. Contractual right to liquidate, terminate, or accelerate a swap agreement.’’;

and (2) in the table of sections for chapter 7—

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