Page:United States Statutes at Large Volume 92 Part 2.djvu/1274

 92 STAT. 2554

Post, p. 2615.

Post, p. 2611.

11 USC 102. After notice and a

hearing.

PUBLIC LAW 95-598—NOV. 6, 1978 participation in a profit-sharing agreement or in an oil, gas, or mineral royalty or lease, if such contract or interest is the subject of a registration statement filed with the Securities and Exchange Commission under the provisions of the Securities Act of 1933 (15 U.S.C. 77a et seq.), or is exempt under section 3(b) of such A(t (15 U.S.C. 77c(b)) from the requirement to file such a statement; (xiii) interest of a limited partner in a limited partnership; (xiv) other claim or interest commonly known as "security"; and (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase or sell, a secuity; but (B) does not include— (i) currency, check, draft, bill of excha,nge, or bank letter of credit; (ii) leverage transaction, as defined in section 761 (13) of this title; (iii) commodity futures contract or forward commodity contract; (iv) option, warrant, or right to subscribe to or purchase or sell a commodity futures contract; (v) option to purchase or sell a commodity; (vi) contract or certificate specified in clause (xii) of subparagraph (A) of this paragraph that is not the subject of such a registration statement filed with the Securities and Exchange Commission and is not exempt under section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) from the requirement to file such a statement; or (vii) debt or evidence of indebtedness for goods sold and delivered or services rendered; (36) "security agreement" means agreement that creates or provides for a security interest; (37) "security interest" means lien created by an agreement; (38) "statutory lien" means lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include security interest or judicial lien, whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute; (39) "stockbroker" means person with respect to which there is a customer, as defined in section 741(2) of this title, engaged in the business of effecting transactions in securities— (A) for the accounts of others; or (B) with members of the general public, from or for such person's own account; and (40) "transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest. § 102. Rules of construction I n this title—

^ ^ "after notice and a hearing", or a similar phrase—

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