Page:United States Statutes at Large Volume 92 Part 2.djvu/1335

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2615

(c) Subject to section 741(4)(B) of this title, any cash or security remaining after the liquidation of a security interest created under a security agreement made by the debtor shall be apportioned between the general estate and customer property in the proportion that the general property of the debtor and the cash or securities of customers were subject to such security interest. SUBCHAPTER IV—COMMODITY BROKER LIQUIDATION § 761. Definitions for this subchapter 11 USC 761. In this subchapter— (1) "Act" means Commodity Exchange Act (7 U.S.C. 1 et seq.); (2) "clearing organization" means organization that clears commodity contracts on, or subject to the rules of, a contract market or board of trade; (3) "Commission" means Commodity Futures Trading Commission; (4) "commodity contract" means— (A) if the debtor is a futures commission merchant, contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade; (B) if the debtor is a foreign futures commission merchant, foreign future; (C) if the debtor is a leverage transaction merchant, leverage transaction; (D) if the debtor is a clearing organization, contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade that is cleared by the debtor; or (E) if the debtor is a commodity options dealer, commodity option; (5) "commodity option" means agreement or transaction subject to regulation under section 4c(b) of the Act (7 U.S.C. 6c(b)); (6) "commodity options dealer" means person that extends credit to, or that accepts cash, a security, or other property from, a customer of such person for the purchase or sale of an interest in a commodity option; (7) "contract market" means board of trade designated as a contract market by the Commission under the Act; (8) "contract of sale", "commodity", "future delivery", "board of trade", and "futures commission merchant" have the meanings) assigned to those terms in the Act; (9) "customer" means— (A) if the debtor is a futures commission merchant— (i) entity for or with whom the debtor deals and that holds a claim against the debtor on account of a commodity contract made, received, acquired, or held by or through the debtor in the ordinary course of the debtor's business as a futures commission merchant from or for the commodity futures account of such entity; or (ii) entity that holds a claim against the debtor arising out of— ^,, (I) the making, liquidation, or change in the value ^ of a commodity contract of a kind specified in clause (i) of this subparagraph;

^

�