Page:United States Statutes at Large Volume 122.djvu/2779

 12 2 STA T . 2 756PUBLIC LA W 11 0– 2 89—J UL Y3 0, 2008 tha tha sbe e n,i s pr esent ly , o rinthe fu ture be c o m es, the sub j ect of recurrent d ealin g sinthe s w ap mar k ets ( including terms and conditions incorporated by reference in such agreement ) and that is a forward, swap, future, or option on one or more rates, currencies, commodities, e q uity securities or other equity instruments, debt securi - ties or other debt instruments, quantitati v e meas- ures associated with an occurrence, e x tent of an occurrence, or contingency associated with a finan- cial, commercial, or economic consequence, or eco- nomic or financial indices or measures of economic or financial risk or value ‘( I II) any combination of agreements or trans- actions referred to in this clause; ‘‘(I V ) any option to enter into any agreement or transaction referred to in this clause; ‘‘(V) a master agreement that provides for an agreement or transaction referred to in subclause (I), (II), (III), or (IV), together with all supplements to any such master agreement, without regard to whether the master agreement contains an agree- ment or transaction that is not a swap agreement under this clause, except that the master agree- ment shall be considered to be a swap agreement under this clause only with respect to each agree- ment or transaction under the master agreement that is referred to in subclause (I), (II), (III), or (IV); and ‘‘(VI) any security agreement or arrangement or other credit enhancement related to any agree- ments or transactions referred to in subclause (I), (II), (III), (IV), or (V), including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in any such subclause . ‘‘(vii) TREATM E N T OF MA S TER A G REEMENT AS ONE AGREEMENT. —A ny master agreement for any contract or agreement described in any preceding clause of this subparagraph (or any master agreement for such master agreement or agreements), together with all supplements to such master agreement, shall be treated as a single agreement and a single qualified financial contract. If a master agreement contains provisions relating to agreements or transactions that are not themselves qualified financial contracts, the master agreement shall be deemed to be a qualified financial contract only with respect to those trans- actions that are themselves qualified financial con- tracts. ‘‘(viii) TRANSFER.—The term ‘transfer ’ means every mode, direct or indirect, absolute or conditional, vol- untary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the equity of redemption of the regulated entity.

�