Page:United States Statutes at Large Volume 120.djvu/2727

 120 STAT. 2696

PUBLIC LAW 109–390—DEC. 12, 2006 (II) in subclause (VII), by striking ‘‘or’’ at the end; (III) in subclause (VIII), by striking ‘‘weather derivative, or weather option’’ and inserting ‘‘option, future, or forward agreement’’; and (IV) by adding at the end the following: ‘‘(IX) an emissions swap, option, future, or forward agreement; or ‘‘(X) an inflation swap, option, future, or forward agreement;’’; and (ii) in clause (ii)— (I) in subclause (I), by inserting ‘‘or other derivatives’’ after ‘‘dealings in the swap’’; and (II) in subclause (II), by striking ‘‘future, or option’’ and inserting ‘‘future, option, or spot transaction’’; and (E) in paragraph (53B)(B), by striking ‘‘the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Investor Protection Act of 1970, the Commodity Exchange Act, the Gramm-Leach-Bliley Act, and the Legal Certainty for Bank Products Act of 2000’’ and inserting ‘‘the GrammLeach-Bliley Act, the Legal Certainty for Bank Products Act of 2000, the securities laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934) and the Commodity Exchange Act’’; (2) in section 362(b)— (A) by striking paragraphs (6) and (7) and inserting the following: ‘‘(6) under subsection (a) of this section, of the exercise by a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency of any contractual right (as defined in section 555 or 556) under any security agreement or arrangement or other credit enhancement forming a part of or related to any commodity contract, forward contract or securities contract, or of any contractual right (as defined in section 555 or 556) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such contracts, including any master agreement for such contracts; ‘‘(7) under subsection (a) of this section, of the exercise by a repo participant or financial participant of any contractual right (as defined in section 559) under any security agreement or arrangement or other credit enhancement forming a part of or related to any repurchase agreement, or of any contractual right (as defined in section 559) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such agreements, including any master agreement for such agreements;’’; (B) by striking paragraph (17) and inserting the following: ‘‘(17) under subsection (a) of this section, of the exercise by a swap participant or financial participant of any contractual right (as defined in section 560) under any security agreement

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00175

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

APPS06

PsN: PUBL003

�