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 Home > Learning Center > [H.R.384.RFS]

110. Clarification.
 
Section 101 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 2514(b)) is amended by adding at the end the following new subsections:

`(f) Clarification- Any provision of capital to, purchase of equity in, or assistance provided to any institution under this title shall be considered to be a purchase of troubled assets for purposes of this title.

`(g) Qualified Property-
    `(1) GUARANTEE- Upon the request of a lessee of qualified property in leases where the lessee economically defeased its rent and purchase option payments, the Secretary may serve as a guarantor with respect to all payment obligations of such lessee with respect to any defeased lease transaction that is in technical default because of a downgrade of a financial guarantor. Such guarantee shall be on such terms and conditions as are determined by the Secretary.
    `(2) DEFINITIONS- For purposes of this subsection, the following definitions shall apply:
      `(A) QUALIFIED PROPERTY- The term `qualified property' means domestic property subject to a lease entered into prior to November 1, 2007, in which a State or local government authority (as defined in section 5302(a) of title 49, United States Code) is the lessee.
      `(B) GUARANTOR- The term `guarantor' includes any guarantor, surety, and payment undertaker.'.
 
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