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EFTA01389105

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otherwise); (C) a written third-party guarantee; (D) the submitting counterparty's available financial resources; or (E) means other than those described in paragraphs (A) through (D); and (iv) whether the submitting counterparty is an Exchange Act Reporting Company and if so: (A) the relevant SEC Central Index Key number for the submitting counterparty; and (B) whether an appropriate committee of such counterparty's board of directors (or equivalent body) has reviewed and approved the decision to enter into swaps that am exempt from the clearing and trading requirements for swaps set out in the CEA. "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. "ERISA Special Entity" means an employee benefit plan subject to Title I of ERISA. "European Union" means the economic and political union established in 1993 by the Maastricht Treaty, with the aim of achieving closer economic and political union between member states that are primarily located in Europe. "Exchange Act" means the Securities Exchange Act of 1934, as amended. "Exchange Act Reporting Company" means an issuer of securities registered under Section 12 of the Exchange Act or that is required to file reports under Section 15(d) of the Exchange Act. "Exempt Small Financial Institution" means any person described in CFTC Regulation 50.50(d), which includes any entity that is predominantly engaged in activities that are in the business of banking, or in activities that are financial in nature, as defined in Section 4(k) of the Bank Holding Company Act and: (i) is either: (A) organized as a bank, as defined in section 3(a) of the Federal Deposit Insurance Act, the deposits of which are insured by the Federal Deposit Insurance Corporation; (B) a savings association, as defined in section 3(b) of the Federal Deposit Insurance Act, the deposits of which are insured by the Federal Deposit Insurance Corporation; (C) a farm credit system institution chartered under th

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