Page:United States Statutes at Large Volume 122.djvu/2778

 12 2 STA T . 2 75 5 PUBLIC LA W 11 0– 2 89—J UL Y3 0, 2008 ther e ofc ert i fic a te s of d e p osit , e l i g i b le ba nk ers ’ acceptances, sec u rities, m ortgage loans, or interests as described abo v e, at a date certain not later than 1y ear after such transfers or on demand, against the transfer of funds, or any other similar agreement ‘ (I I ) does not include any repurchase obliga - tion under a participation in a commercial mort- gage loan, unless the A gency determines by regula- tion, resolution, or order to include any such participation w ithin the meaning of such term; ‘‘(III) means any combination of agreements or transactions referred to in subclauses (I) and (I V ); ‘‘(IV) means any option to enter into any agree- ment or transaction referred to in subclause (I) or (III); ‘‘(V) means a master agreement that provides for an agreement or transaction referred to in sub- clause (I), (III), or (IV), together with all supple- ments to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a repurchase agreement under this clause, e x cept that the master agreement shall be considered to be a repurchase agreement under this subclause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (III), or (IV); and ‘‘(VI) means any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in subclause (I), (III), (IV), or (V), including any guar- antee or reimbursement obligation in connection with any agreement or transaction referred to in any such subclause . ‘‘(vi) SWAP A GRE E M E NT . —T he term ‘swap agree- ment’ means— ‘‘(I) any agreement, including the terms and conditions incorporated by reference in any such agreement, which is an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, and basis swap; a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange or precious metals agreement; a currency swap, option, future, or forward agreement; an e q uity index or equity swap, option, future, or forward agreement; a debt index or debt swap, option, future, or forward agreement; a total return, credit spread or credit swap, option, future, or forward agreement; a commodity index or commodity swap, option, future, or forward agreement; or a weather swap, weather derivative, or weather option; ‘‘(II) any agreement or transaction that is similar to any other agreement or transaction referred to in this clause and that is of a type

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