“Rated credit instrument” defined

1. “Rated credit instrument” means a contractual right to receive cash or another rated credit instrument from another entity which instrument: (a) Is rated or required to be rated by the SVO; (b) In the case of an instrument with a maturity of 397 days or less, is issued, guaranteed or insured by an entity that is rated by, or another obligation of such entity is rated by, the SVO or by a nationally recognized statistical rating organization recognized by the SVO; (c) In the case of an instrument with a maturity of 90 days or less, is issued by a qualified bank; (d) Is a share of a class one bond mutual fund; or (e) Is a share of a money market mutual fund. 2. The term does not include: (a) An instrument that is mandatorily, or at the option of the issuer, convertible to an equity interest; or (b) A security that has a par value and whose terms provide that the issuer’s net obligation to repay all or part of the security’s par value is determined by reference to the performance of an equity, a commodity, a foreign currency or an index of equities, commodities, foreign currencies, or any combination thereof.