Page:United States Statutes at Large Volume 92 Part 2.djvu/1332

 92 STAT. 2612

PUBLIC LAW 95-598—NOV. 6, 1978

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JM'MJ

(iii) to cover a consummated sale; a ii? (iv) pursuant to a purchase; %>.'/ . • (v) as collateral under a security agreement; or (vi) for the purpose of effecting registration of transfer; and (B) entity that holds a claim against the debtor arising 1 r out of— v (i) a sale or conversion of a security received, acquired, .,. or held as specified in subparagraph (A) of this paragraph; or (ii) a deposit of cash, a security, or other property with the debtor for the purpose of purchasing or selling a security; (3) "customer name security" means security— (A) held for the account of a customer on the date of the filing of the petition by or on behalf of the debtor; (B) registered in such customer's name on such date or in the process of being so registered under instructions from the debtor; and (C) not in a form transferable by delivery on such date; (4) "customer property" means cash, security, or other property, and proceeds of such cash, security, or property, at any time received, acquired, or held by or for the account of the debtor, from or for the securities account of a customer— (A) including— (i) property that was unlawfully converted and that is property of the estate; (ii) a security held as property of the debtor to the extent such security is necessary to meet a net equity claim based on a security of the same class and series of an issuer; (iii) resources provided through the use or realization of a customer's debit cash balance or a debit item includible in the Formula for Determination of Reserve Requirement for Brokers and Dealers as promulgated by the Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); and (iv) other property of the debtor that any applicable law, rule, or regulation requires to be set aside or held for the benefit of a customer, unless including such property as customer property would not significantly increase customer property; but (B) not including— (i) a customer name security delivered to or reclaimed by a customer under section 751 of this title; or II (ii) property to the extent that a customer does not have a claim against the debtor based on such property; (5) "net equity" means, with respect to the aggregate of all of a customer's accounts that such customer holds in the same capacity— f (A)(i) aggregate dollar balance that would remain in such accounts after the liquidation, by sale or purchase, at the time of the filing of the petition of all securities positions in all such accounts, except customer name securities of such customer; minus (ii) any claim of the debtor against such customer that

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