section 365(e)(1) of this titleThe exercise of a contractual right of a repo participant or financial participant to cause the liquidation, termination, or acceleration of a repurchase agreement because of a condition of the kind specified in shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by order of a court or administrative agency in any proceeding under this title, unless, where the debtor is a stockbroker or securities clearing agency, such order is authorized under the provisions of the Securities Investor Protection Act of 1970 or any statute administered by the Securities and Exchange Commission. In the event that a repo participant or financial participant liquidates one or more repurchase agreements with a debtor and under the terms of one or more such agreements has agreed to deliver assets subject to repurchase agreements to the debtor, any excess of the market prices received on liquidation of such assets (or if any such assets are not disposed of on the date of liquidation of such repurchase agreements, at the prices available at the time of liquidation of such repurchase agreements from a generally recognized source or the most recent closing bid quotation from such a source) over the sum of the stated repurchase prices and all expenses in connection with the liquidation of such repurchase agreements shall be deemed property of the estate, subject to the available rights of setoff. As used in this section, the term “contractual right” includes a right set forth in a rule or bylaw of a derivatives clearing organization (as defined in the Commodity Exchange Act), a multilateral clearing organization (as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991), a national securities exchange, a national securities association, a securities clearing agency, a contract market designated under the Commodity Exchange Act, a derivatives transaction execution facility registered under the Commodity Exchange Act, or a board of trade (as defined in the Commodity Exchange Act) or in a resolution of the governing board thereof and a right, whether or not evidenced in writing, arising under common law, under law merchant or by reason of normal business practice.
Pub. L. 98–353, title III, § 396(a)98 Stat. 366Pub. L. 103–394, title V, § 501(d)(21)108 Stat. 4146Pub. L. 109–8, title IX, § 907(i)o119 Stat. 178(Added , , ; amended , , ; , ()(9), , , 182.)
Editorial Notes
References in Text
Pub. L. 91–59884 Stat. 1636section 78aaa of Title 15The Securities Investor Protection Act of 1970, referred to in text, is , , , which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see and Tables.
act Sept. 21, 1922, ch. 36942 Stat. 998section 1 of Title 7The Commodity Exchange Act, referred to in text, is , , which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.
Pub. L. 102–242105 Stat. 2236section 1811 of Title 12The Federal Deposit Insurance Corporation Improvement Act of 1991, referred to in text, is , , . For complete classification of this Act to the Code, see Short Title of 1991 Amendment note set out under , Banks and Banking, and Tables.
Amendments
Pub. L. 109–8, § 907o2005—()(9), inserted “or financial participant” after “repo participant” in two places.
Pub. L. 109–8, § 907(i), substituted “Contractual right to liquidate, terminate, or accelerate a repurchase agreement” for “Contractual right to liquidate a repurchase agreement” in section catchline, “liquidation, termination, or acceleration” for “liquidation” in first sentence, and “As used in this section, the term ‘contractual right’ includes a right set forth in a rule or bylaw of a derivatives clearing organization (as defined in the Commodity Exchange Act), a multilateral clearing organization (as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991), a national securities exchange, a national securities association, a securities clearing agency, a contract market designated under the Commodity Exchange Act, a derivatives transaction execution facility registered under the Commodity Exchange Act, or a board of trade (as defined in the Commodity Exchange Act) or in a resolution of the governing board thereof and a right,” for “As used in this section, the term ‘contractual right’ includes a right set forth in a rule or bylaw, applicable to each party to the repurchase agreement, of a national securities exchange, a national securities association, or a securities clearing agency, and a right,” in third sentence.
Pub. L. 103–39415 U.S.C. 78aaa1994— struck out “( et seq.)” after “Act of 1970”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of this titleAmendment by effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–394section 702 of Pub. L. 103–394section 101 of this titleAmendment by effective , and not applicable with respect to cases commenced under this title before , see , set out as a note under .
Effective Date
section 552(a) of Pub. L. 98–353section 101 of this titleSection effective with respect to cases filed 90 days after , see , set out as an Effective Date of 1984 Amendment note under .