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2021 Stroock Bankruptcy Guide

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130 (iii) a Repo Participant (11 U.S.C. § 101(46)) (a counterparty to a prepetition repurchase agreement with the debtor); (iv) a Master Netting Agreement Participant (11 U.S.C. § 101(38B)) (a counterparty to a prepetition master netting agreement with the debtor); (v) a Stockbroker, Securities Clearing Agency, Financial Institution, Commodity Broker (11 U.S.C. § 101(53A), (48), (22), (6)); and (vi) a Financial Participant (11 U.S.C. § 101(22A)) (a party eligible under the Safe Harbor Provisions based on meeting minimum volume of trading thresholds). The classes of Safe Harbor Contracts include: (i) a Forward Contract (11 U.S.C. § 101(25)) (a contract for purchase, sale or transfer of a commodity with a maturity date more than two days after contract entered into); (ii) a Commodity Contract (U.S.C. § 761(4)) (exchange- traded commodity futures and options); (iii) a Swap Agreement (11 U.S.C. § 101(53)(B)) (includes commodity, interest rate, currency, debt, equity, total return swaps, also options, future or forward agreements); (iv) a Securities Contract (11. U.S.C. § 741(7)) (contract for purchase, sale or loan of a security); (v) a Repurchase Agreement (11 U.S.C. § 101(47)) (an agreement for transfer of certificates of deposit, mortgage loans or mortgage-related securities, or securities issued by or guaranteed by the United States, with simultaneous agreement to retransfer at a date certain within one year, or on demand); and

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