Page:United States Statutes at Large Volume 124.djvu/1508

 124 STAT. 1482 PUBLIC LAW 111–203—JULY 21, 2010 any qualified financial contract with a covered financial company. (ii) EXCEPTION FOR CERTAIN TRANSFERS.—Clause (i) shall not apply to any transfer of money or other property in connection with any qualified financial con- tract with a covered financial company if the transferee had actual intent to hinder, delay, or defraud such company, the creditors of such company, or the Cor- poration as receiver appointed for such company. (D) CERTAIN CONTRACTS AND AGREEMENTS DEFINED.— For purposes of this subsection, the following definitions shall apply: (i) QUALIFIED FINANCIAL CONTRACT.—The term ‘‘qualified financial contract’’ means any securities con- tract, commodity contract, forward contract, repurchase agreement, swap agreement, and any similar agree- ment that the Corporation determines by regulation, resolution, or order to be a qualified financial contract for purposes of this paragraph. (ii) SECURITIES CONTRACT.—The term ‘‘securities contract’’— (I) means a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan, any interest in a mortgage loan, a group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof), or any option on any of the fore- going, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option, and including any repurchase or reverse repurchase transaction on any such security, certificate of deposit, mortgage loan, interest, group or index, or option (whether or not such repurchase or reverse repurchase transaction is a ‘‘repurchase agreement’’, as defined in clause (v)); (II) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan unless the Corporation determines by regulation, resolution, or order to include any such agreement within the meaning of such term; (III) means any option entered into on a national securities exchange relating to foreign currencies; (IV) means the guarantee (including by nova- tion) by or to any securities clearing agency of any settlement of cash, securities, certificates of deposit, mortgage loans or interests therein, group or index of securities, certificates of deposit or mortgage loans or interests therein (including any interest therein or based on the value thereof) or an option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option (whether or not such