Common use of Security-based swap agreements Clause in Contracts

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References in Text Sections 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in the original ‘‘this title’’. See References in Text note set out under section 78a of this title.

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References in Text REFERENCES IN TEXT Sections 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in the original ‘‘this title’’. See References in Text note set out under section 78a of this title.

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References L. 106–554, § 1(a)(5) [title III, § 303(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452; amended Pub. L. 111–203, title VII, § 762(d)(1), July 21, 2010, 124 Stat. 1760.) AMENDMENT OF SECTION (1) by striking subsection (a) and reserving that subsection; and (2) by striking ‘‘(as defined in Text Sections section 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in ’’ each place that the original ‘‘this title’’. See References in Text note set out under section 78a of this titleterm appears.

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References in Text L. 106–554, § 1(a)(5) [title III, § 303(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452.) REFERENCES IN TEXT Sections 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in the original ‘‘this title’’. See References in Text note set out under section 78a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 78i, 78o, 78p, 78t, 78u–1 of this title.

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References in Text L. 106–554, § 1(a)(5) [title III, § 303(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452.) Sections 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in the original ‘‘this title’’. See References in Text note set out under section 78a of this title. This section is referred to in sections 78i, 78o, 78p, 78t, 78u–1 of this title.

Security-based swap agreements. (1) The definition of ‘‘security’’ in section 78c(a)(10) of this title does not include any secu- rity-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (2) The Commission is prohibited from reg- istering, or requiring, recommending, or sug- gesting, the registration under this chapter of any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). If the Commission becomes aware that a reg- istrant has filed a registration application with respect to such a swap agreement, the Commis- sion shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect. (3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from— (A) promulgating, interpreting, or enforcing rules; or (B) issuing orders of general applicability; under this chapter in a manner that imposes or specifies reporting or recordkeeping require- ments, procedures, or standards as prophylactic measures against fraud, manipulation, or xxxxxxx xxxxxxx with respect to any security-based swap agreement (as defined in section 206B of the Xxxxx-Xxxxx-Xxxxxx Act). (4) References in this chapter to the ‘‘pur- chase’’ or ‘‘sale’’ of a security-based swap agree- ment (as defined in section 206B of the Xxxxx- Xxxxx-Xxxxxx Act) shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or simi- lar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require. (June 6, 1934, ch. 404, title I, § 3A, as added Pub. References in Text L. 106–554, § 1(a)(5) [title III, § 303(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452.) REFERENCES IN TEXT Sections 206B and 206C of the Xxxxx-Xxxxx-Xxxxxx Act, referred to in text, are sections 206B and 206C of Pub. L. 106–102, which are set out in a note under sec- tion 78c of this title. This chapter, referred to in subsec. (b)(2) to (4), was in the original ‘‘this title’’. See References in Text note set out under section 78a of this title.. SECTION REFERRED TO IN OTHER SECTIONS (a) Establishment; composition; limitations on commissioners; terms of office (b) Appointment and compensation of staff and leasing authority