synthetic securitisation scheme
means a scheme whereby a special-purpose institution-
| a) |
issues commercial paper to investors; and |
| b) |
uses the proceeds of such issuance primarily to obtain- |
| i) |
credit-risk exposure relating to- |
| B) |
a reference entity; or |
through the use of funded or unfunded credit-derivative instruments or guarantees, and
| ii) |
assets that serve as collateral; and |
| c) |
makes payments primarily- |
| i) |
in respect of the commercial paper so issued; or |
| ii) |
to an institution acting in a secondary role, |
which payments are made from-
| A) |
the cash flows arising from the assets that serve as collateral; and |
| B) |
the fees andlor premium paid to the special-purpose institution by an institution acting as an originator, remote originator or repackager; |