122 STAT. 2755 PUBLIC LAW 110–289—JULY 30, 2008
thereof certificates of deposit, eligible bankers’
acceptances, securities, mortgage loans, or
interests as described above, at a date certain not
later than 1 year after such transfers or on
demand, against the transfer of funds, or any other
similar agreement;
‘‘(II) does not include any repurchase obliga-
tion under a participation in a commercial mort-
gage loan, unless the Agency determines by regula-
tion, resolution, or order to include any such
participation within the meaning of such term;
‘‘(III) means any combination of agreements
or transactions referred to in subclauses (I) and
(IV);
‘‘(IV) means any option to enter into any agree-
ment or transaction referred to in subclause (I)
or (III);
‘‘(V) means a master agreement that provides
for an agreement or transaction referred to in sub-
clause (I), (III), or (IV), together with all supple-
ments to any such master agreement, without
regard to whether the master agreement provides
for an agreement or transaction that is not a
repurchase agreement under this clause, except
that the master agreement shall be considered
to be a repurchase agreement under this subclause
only with respect to each agreement or transaction
under the master agreement that is referred to
in subclause (I), (III), or (IV); and
‘‘(VI) means any security agreement or
arrangement or other credit enhancement related
to any agreement or transaction referred to in
subclause (I), (III), (IV), or (V), including any guar-
antee or reimbursement obligation in connection
with any agreement or transaction referred to in
any such subclause.
‘‘(vi) S
WAP AGREEMENT
.—The term ‘swap agree-
ment’ means—
‘‘(I) any agreement, including the terms and
conditions incorporated by reference in any such
agreement, which is an interest rate swap, option,
future, or forward agreement, including a rate
floor, rate cap, rate collar, cross-currency rate
swap, and basis swap; a spot, same day-tomorrow,
tomorrow-next, forward, or other foreign exchange
or precious metals agreement; a currency swap,
option, future, or forward agreement; an equity
index or equity swap, option, future, or forward
agreement; a debt index or debt swap, option,
future, or forward agreement; a total return, credit
spread or credit swap, option, future, or forward
agreement; a commodity index or commodity swap,
option, future, or forward agreement; or a weather
swap, weather derivative, or weather option;
‘‘(II) any agreement or transaction that is
similar to any other agreement or transaction
referred to in this clause and that is of a type
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