Over-the-Counter Derivative Instrument Law and Legal Definition
According to 12 USCS § 4421 (2), the term over-the-counter derivative instrument includes--
“ (A) any agreement, contract, or transaction, including the terms and conditions incorporated by reference in any such agreement, contract, or transaction, which is an interest rate swap, option, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, basis swap, and forward rate agreement; a same day-tomorrow, tomorrow-next, forward, or other foreign exchange or precious metals agreement; a currency swap, option, or forward agreement; an equity index or equity swap, option, or forward agreement; a debt index or debt swap, option, or forward agreement; a credit spread or credit swap, option, or forward agreement; a commodity index or commodity swap, option, or forward agreement; and a weather swap, weather derivative, or weather option;
(B) any agreement, contract or transaction similar to any other agreement, contract, or transaction referred to in this clause that is presently, or in the future becomes, regularly entered into by parties that participate in swap transactions (including terms and conditions incorporated by reference in the agreement) and that is a forward, swap, or option on 1 or more occurrences of any event, rates, currencies, commodities, equity securities or other equity instruments, debt securities or other debt instruments, economic or other indices or measures of economic or other risk or value;
(C) any agreement, contract, or transaction excluded from the Commodity Exchange Act [7 USCS §§ 1 et seq.] under section 2(c), 2(d), 2(f), or 2(g) of such Act [7 USCS § 2(c), (d), (f), or (g)], or exempted under section 2(h) or 4(c) of such Act [7 USCS § 2(h) or 6(c)]; and
(D) any option to enter into any, or any combination of, agreements, contracts or transactions referred to in this subparagraph [paragraph].”
