Futures Industry Association 

2001 Pennsylvania Ave. NW 

Suite 600 

W;Jshingtnn, DC 20006-1823 

202-466.5460 

202.2963184 fax 

www.fururesindustry.<lrg 

By Electronic Mail 

July 20, 2009 

Mr. David A. Stawick 

Secretary 

Received CFTC 

Records Section 

7/JJ/LJ! 

Commodity Futures Trading Commission 

1155 21st Street NW 

Washington DC 20581 

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COMMENT 

Re: Investment of Customer Funds and Funds Held in an Account for Foreign 

Futures and Foreign Opti.ons Transactions, 74 Fed.Reg. 23962 (May 22, 2009) 

Dear Mr. Stawick: 

The Futures Industry Association (''FIA'') welcomes the opportunity to submit this letter in 

response to the Commodity Futures Trading Commission's ("Commission's) request for 

comment on possible revisions to Commission Rule 1.25, Investment of Customer Funds, and 

Rule 30.7, Treatment of Foreign Futures or Foreign Options Secured Amount. 1 FIA shares 

the Commission's interest in assuring that the investment of customer assets be "consistent 

with the objectives of preserving principal and maintaining liquidity." 74 Fed.Reg. 23962, 

23963. 

As the Commission is aware, PIA actively participated in the Commission's consideration of 

the amendments to rule 1.25 adopted in 2000 and again in 2004-2005. Indeed, several 

provisions of the current rule were suggested by PIA in its written comments on the proposed 

amendments. FIA is particularly pleased, therefore, that the investment guidelines set out in 

Rule 1.25 generally weathered the financial turmoil of the past year.

2 

[. FIA is a principal spokesman for the commodity futures and options industry. FIA's regular 

membership is comprised of approximately 30 of the largest futures commission merchants ("FCMs") in the 

United States. Among FIA's associate members are representatives from virtually all other segments of the 

futures industry, both national and international. Reflecting the scope and diversity of its membership, FIA 

estimates that its members effect more than eighty percent of all customer transactions executed on United States 

contract markets. 

For example, as reflected in the enclosed Excel spreadsheets prepared from publicly available data, 

from December 2007 through May 2009, firms experienced ample liquidity in the secondary markets for US 

Treasury securities and general obligations of government sponsored agencies. Although the markets 

experienced higher volatility levels in the fall of2008, bid to offer spreads were always available. 

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Mr. David A. Stawick 

July 20, 2009 

Page2 

To prepare this comment letter, FIA fornied a committee comprised of individuals responsible 

for financial management at a significant number of member firms, who carefully reviewed 

the issues raised in the Federal Register release, as well as the provisions of Rule 1.25 and 

30.7. The committee did not identify any changes to Rule 1.25 that it believes are essential to 

preserve the rule's primary objectives. Nonetheless, the committee has identified and set out 

below several modifications to the rule that should further reduce the exposure of customer 

funds to potential credit, liquidity and market risks. We encourage the Commission to include 

these recommendations in any proposal to amend Rules 1.25 and 30.7 that may hereafter be 

published for comment. 

Permitted Investments 

FIA believes that all of the permitted investments described in Rule 1.25(a) are compatible 

with the Commission's objectives of preserving principal and maintaining liquidity.3 In 

addition, we recommend that the Commission add to the list of permitted investments 

securities that are guaranteed as to principal and interest by an agency of the United States, 

such as securities issued by a bank and guaranteed by the Federal Deposit Insurance 

Corporation ("FDIC") in accordance with the FDIC's Temporary Liquidity Guarantee 

Program and any similar programs that may be created.4 Further, we recommend that the 

Commission consider adding securities issued by foreign banks and guaranteed as to principal 

and interest by the relevant foreign government. These securities are highly liquid and trade 

in a manner similar to sovereign debt. 5 

We recognize that the Commission may want to require that, in order to be a permitted 

investment under Rule 1.25, securities issued by a particular bank, domestic or foreign, and 

guaranteed as to principal and interest as noted above, must be of sufficient size to assure 

liquidity, and suggest $1 billion as an appropriate minimum size. For purposes of complying 

with the concentration limits discussed below, these securities would be included with all 

other securities issued by the relevant bank. 

However, we understand there is some confusion regarding the ability of FCMs to invest customer 

segregated funds in securities offered in reliance on Securities and Exchange Commission ("SEC") Rule 144A 

under the Securities Act of 1933. We ask the Commission to clarify whether or under what circumstances FCMs 

may purchase Rule 144A securities. 

Under the Temporary Liquidity Guarantee Program, the FDIC guarantees the payment of all unpaid 

principal and contract interest on newly-issued senior unsecured debt of an insured depository institution, if the 

depository fails or if a bankruptcy petition is filed by the depository's parent holding company. The guarantee 

applies to debt issued on or before October 31, 2009 and extends to December 31, 2012. Enclosed with this 

letter is a presentation prepared by Bank of America Merrill Lynch earlier this year that provides support that the 

securities issued under the Temporary Liquidity Guarantee Program have a liquidity profile comparable to the 

profile for government sponsored agencies. 

Securities issued by foreign banks and guaranteed as to principal and interest by the relevant foreign 

govemment should be required to have the same ratings as sovereign debt, discussed below. 
Mr. David A. Stawick 

July 20, 2009 

Page 3 

Limitations and Safeguards 

1. Marketability 

We have not identified any reason to alter the requirement that investments purchased with 

customer funds be "readily marketable" as defined in SEC Regulation 15c3-l. 

2. Ratings 

Rules 1.25(b )(2)(B) and (E) currently provide that the instruments described must have the 

highest short-term rating of an NRSRO or one of the two highest long-term ratings of an 

NRSRO. FIA recommends that these provisions of the rule be revised to require that the 

listed instruments must have the highest short-term rating or one of the tvvo highest long-term 

rating of at least two NRSROs. Similarly, Rule 1.25(b )(2)(D) should be amended to require 

that foreign sovereign debt also have the highest rating of at least two NRSROs. 

3. Concentration 

FIA believes that the concentration limits set out in Rule 1.25(b)(4) are generally appropriate 

insofar _as they set limits on the amount of securities of any one issuer that an FCM may · , 

purchase. One exception would be money market mutual funds. The rule currently sets no · 

limit on the amount of customer funds that may be used to purchase interests in any money 

market mutual funds. We recommend that the rule be amended to provide (i) that an FCM's 

investment in any one money market mutual fund may not exceed 5 percent of assets under . 

management in that fund and (ii) that no more than 25 percent of invested customer funds 

may be invested in any one money market mutual fund. 6 

Separately, FIA believes it would be appropriate to adopt concentration limits for different 

product types in addition to issuer limits. That is, the Commission should amend Rule 1.25 to 

provide that no more than a fixed percentage of customer funds could be invested in any one 

product type. Thus, for example, although 1 00 percent of customer funds could be invested in 

US government securities or money market funds, FIA recommends that no more than 75 

percent of customer funds be invested in securities of government sponsored enterprises, and 

no more than 25 percent of customer funds be invested in each of (i) securities issued 

pursuant to the Temporary Liquidity Guaranteed Program and similar government programs, 

(ii) municipal securities, (iii) certificates of deposit, (iv) commercial paper, and (v) corporate 

securities. 7 

As the Commission is aware, the SEC recently proposed for comment certain amendments to its rules 

governing money market mutual funds. 74 Fed.Reg. 32688 (July 8, 2009). Any amendments that the SEC may 

adopt may cause us to take a different position with respect to the use of money market funds under Rule 1.25. 

For purposes of Rule 1.25, foreign sovereign debt would continue to be limited to the amount of the 

balances in that country's currency held in the FCM's customer segregated account. As discussed below, 

however, the ability of an FCM to invest in foreign sovereign debt should not be so limited in the foreign futures 

and foreign options secured amount. 
Mr. David A. Stawick 

July 20, 2009 

Page4 

FIA believes it is appropriate to exempt from both the issuer concentration limits currently in 

the rule and the sector concentration limits proposed above those securities held either in 

connection with reverse repurchase transactions or in accordance with the procedures set out 

in Rule 1.25(e).8 The risk of holding such securities, therefore, is significantly less than 

holding those same securities as a result of a direct investment. These transactions are 

generally over-collateralized, subject to daily mark-to-market margin requirements, and must 

be reversed within one business day or on demand. As such, they are comparable to the 

programs offered by derivatives clearing organizations and referenced in Rule 1.25(b)(5). 

4. Liquidity 

FIA recommends that the Commission consider requiring FCMs to hold a certain percentage 

of total invested customer funds, e.g., 10 percent, in more highly liquid investments. Such 

highly liquid investments would include US Treasury securities, bank deposits,9 money 

market funds, reverse repurchase agreements and transactions permitted under Rule 1.25( e). 

5. Weighted Average Maturity 

Rule 1.25(b )(5) provides that, except for investments in money market mutual funds, the 

dollar-weighted average of the time-to-maturity of the investment portfolio may not exceed. 

24 months. The Commission imposed this requirement to minimize credit risk, volatility risk, 

and liquidity risk in fhe FCM's investment portfolio. To further protect against these risks, 

FIA believes that the dollar-weighted average of the time-to-maturity of the investment 

portfolio should be reduced to not to exceed 18 months. In calculating the weighted average 

of the time to maturity, however, FIA recommends that securities held in a reverse repurchase 

agreement or in accordance with the procedures of Rule 1.25( e) be deemed to have a maturity 

of one day. As noted above, securities held pursuant to reverse repurchase agreements are 

generally over-collateralized, subject to daily mark-to-market margin requirements, held 

under a tri-party agreement with a permitted depository, and must be reversed within one 

business day or on demand. Therefore, we believe it is more appropriate to treat securities 

held through such transactions as having a one day maturity. 

Rule 1.25(e) authorizes an FCM that is also registered with the Securities and Exchange Commission as 

a broker-dealer, in connection with its activities as a broker-dealer, to exchange securities to which it has an 

unqualified right to pledge for customer money or securities held in the customer segregated account. Among 

other requirements, in addition to those noted above, the rule provides that the securities transferred into the 

customer segregated account must be held in a safekeeping account, i.e., through a tri-party agreement, with a 

bank, a derivatives clearing organization or the Depository Trust Company in an account that complies with 

Commission Rule 1.26. 

9 Bank deposits include those customer fund<; held in bank trust accounts, as described in CFTC Letter 

No. 03-31, [2003-2004 transfer Binder] Comm.Fut.L.Rep. (CCH) ~29,576 (August 25, 2003). 
Mr. David A. Stawick 

July 20, 2009 

Page 5 

Foreign Futures and Foreign Options Secured Amount 

As a general matter, FIA would support an amendment to Commission Rule 30.7, which 

would require FCMs to follow Rule 1.25 in investing the foreign futures and foreign options 

secured amount. Our member firms generally follow the Rule 1.25 investment guidelines in 

any event. However, FCMs should have greater latitude in investing the secured amount in 

relevant sovereign debt and should not be subject to the provisions of Rule 1.25, which limit 

the amount an FCM may invest in sovereign debt to the extent of its liabilities to its clients in 

that country's currency. Often, FCMs have customers that use a single currency margining 

arrangement and the FCM may still have an obligation to margin the clients' positions with 

their clearing organizations in multiple currencies. 

In addition, we reiterate our recommendation that Commission consider adding securities 

issued by foreign banks and guaranteed as to principal and interest by the relevant foreign 

government. As noted, these securities are highly liquid and trade in a manner similar to 

sovereign debt. 

Conclusion 

We trust the Commission will find these comments in response to the advance notice of 

proposed rulemaking with respect to Commission Rules 1.25 and 30.7 helpful. We would be 

pleased to meet with the staff to discuss these issues in greater detail. If the Commission has 

any questions concerning the matters discussed in this letter, please contact Barbara 

Wie ski, PIA's Executive Vice President and General Counsel, at (202) 466-5460. 

cc: Honorable Gary Gensler, Chairman 

Honorable Michael Dunn, Commissioner 

Honorable Jill E. Sommers, Commissioner 

Honorable Bart Chilton, Commissioner 

Division of Clearing and Intermediary Oversight 

Ananda Radhakrishnan, Director 

Phyllis P. Dietz, Associate Director 

Sarah E. Josephson, Special Counsel 
Liquidity in the Agency & TLGP Markets 

Bank of America~ Please see important disclaimers on page 10 

~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

I Agency and TLGP Market Profiles 

Agency Market 

• Overall, the Agency market is an extremely deep and liquid market, with $2,019bn in term debt outstanding from 

the main four issuers as of April, 2009 

• Billions are issued each day by the four major players in the market: Fannie Mae, Freddie Mac, Federal Home 

Loan Banks, and Federal Farm Credit Banks 

• On top of the regular daily issuance of floating rate notes, discount notes, callables, and bullets, the issuers 

typically sell1-2large benchmark bonds each month which draw the deepest and broadest interest 

• The four major issuers are perceived with very little differentiation in credit quality and liquidity 

• Major market players are money market funds, large money managers, bank portfolios, central banks, insurance 

companies, and state & local governments 

TLGP /Other USD Government Guaranteed 

• Market established in November, 2008 and has 

grown quickly to over $360bn in total 

issued/ outstanding 

• 6 very large issuers in the market ($20bn+ issued 

thus far each) and very little perceived difference in 

credit quality and liquidity among all issues 

• Major market players are money market funds, large 

money managers, bank portfolios, central banks, 

insurance companies, and state & local governments 

Agencies vs TLGP, October 2009-Present(l) 

90 ,.--··--·--·-----------------··-------------··----·-·---··--··--·--·--·-·-·---··--·-·-··--, 

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~30 

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BAC 3.125 6/15/12 -FNMA 3yr 

-50+---------------~----------------~----------~--~---~ 

11/25/2008 1/25/2009 3/25/2009 5/25/2009 

Bank of America~ ___ ___l(;L_l) ......:s~o .. ~rce:;,:::M~Lx~-------:;1--___:_ __________ _ 

~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

The Agency Market Remains Stable, With Increasing Transparency and Liquidity 

• Following a difficult stretch across financial markets from September 2008 to January 2009, Agency spreads have 

returned to pre-conservatorship levels versus both Treasuries and Swaps. Reduced volatility from a spread and 

rate perspective has reduced investor anxiety dramatically since late 2008 and closed the gap in bid/ ask spreads. 

• Conservatorship and the following acts of support from the Treasury and Federal Reserve were clearly defined 

and executed such that the market became comfortable with the long term viability of the market. 

• Agencies have had tremendous success in raising new funds in 2009, demonstrating the willingness of a broader 

subset of investors to increase focus on the market. As of May 2009, Fannie Mae and Freddie Mac were on pace 

to raise 75% and 143% more term debt respectively in 2009 versus 2008. 

• Large, liquid deals have been a trademark of Agency syndicated new issues in 2009. Fannie Mae's average 

syndicated deal size thus far in 2009 is $7.5bn, and Freddie Mac's average size is $5.0bn. 

• Though the Central Bank j Sovereign Wealth Fund community has less involvement in the Agency market at 

present time, the gap has quickly been filled by increased levels of involvement from the US domestic market. 

These investors are better known to the broker-dealer community, increasing the transparency of who the key 

market players are to a broader group of dealers. 

• TRACE reporting projected to start in late 2009 will allow market participants to view market clearing levels for 

all trades, dramatically increasing the level of pricing transparency in the market. 

BankofAmerica~ 2 ~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

Understanding Regulatory Developments in the Agency Market(1) 

1. Conservatorship: On September 7, 2008, Treasury announced that it has placed Fannie Mae and Freddie Mac in "conservatorship" 

• Defined by Treasury as a legal process transferring all oversight powers to the FHF A; Treasury's press release noted that 

obligations will continue to be met and the company will continue to operate as normal 

• Treasury defined their objective as, "To conserve the Company's assets and property and to put the Company in a sound and solvent 

condition. The goals of the conservatorship are to help restore confidence in the Company, enhance its capacity tofulfill its mission, and mitigate 

the systemic risk that has contributed directly to the instability in the current market. "(l! 

2. Capital Injection: Treasury entered into a Senior Preferred Stock Purchase Agreement, with each Agency receiving up to $100 billion 

(has since been upped to $200mm each) 

• In exchange for entering into these agreements, Treasury receives $2 billion of senior preferred stock in each GSE, and warrants 

representing 79.9% ownership in each GSE if exercised (at a nominal price); this action essentially erased the preferred and equity 

values of Fannie Mae and Freddie Mac 

• At this point approximately $50bn has been invested in both Agencies combined 

3. Federal Reserve Agency Coupon Purchase Program: The Federal Reserve Bank of New York has begun open market purchases of 

Fannie Mae, Freddie Mac, and Federal Home Loan Bank syndicated non-callable debt 

• The original purchase limit of $100bn across the three Agencies has since been raised to $200bn 

• $88bn has been purchased thus far in 30 open market operations and the program has been very successful in lowering funding 

costs for the Agencies 

4. Support of the Agency MBS Market: The Federal Reserve Bank of New York has begun open market purchases of Agency MBS. 

• FOMC announced the expansion of the Federal Reserve's program to purchase agency MBS to a total of $1.25 trillion by the end of 

the year. 

5. Credit Facility: Treasury has agreed to create a back-stop short-term secured lending facility for each GSE available at LIBOR +50 bps. 

• Note that this facility has not been utilized up to this point 

Bank of America~ ~Merrill Lynch 

(1) Federal Housing Finance Agency Fact Sheet: "Questions and Answers on Conservatorship" 

3 
Liquidity in the Agency & TLGP Markets 

Agency Debt Remains Liquid Across Maturities(1) 

Bank of America..... Pricing as of4pm, June 17, 2009 

4 ~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

TLGP Remains Liquid Across Maturities(1) 

Bank of America~ Pricing as of 4pm, June 17, 2009 

5 ~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

Profile Of A New Agency Deal 

Typical Agency Distribution Profile 

• Regional: 

• Investor Type: 

Fund Manager 

55% 

Europe I 

Middle East 6% 

18% 

Bank of America ....... Source:: Company websites, BAML Agency Database 

'I Key Points 

6 

• Average deal size across Fannie Mae and Freddie Mac is 

$6.2bn in 2009, compared to $3-4bn typical deal size in 

2008 and prior. 

• Each deal done this year has performed versus both 

Treasuries and Swaps, increasing the comfort level of 

market participants. 

• Order books are typically 2x oversubscribed, allowing 

dealers the freedom to allocate only to the highest quality 

investors. 

• Increased involvement from the US Fund Manager 

investor segment allows for greater transparency of 

market participants. 

• New issue concessions have closed from 6-Sbps very 

early in the year to 1-2bps in the most recent deals. 

~Merrill Lynch 
Liquidity in the Agency & TLGP Markets 

TLGP & Agency New Issues Similar in Process and Composition 

Typical Agency New Issue Syndicated Deal 

Distribution Profile 

• Regional: 

US73% 

• Investor Type: 

Fund Manager 

55% 

Other Key Points 

• Typical Size: $3-$8 Billion 

• Marketing Period: 1-2 Days 

• Trace Eligible: In September 

Europe I 

Middle East 6% 

18% 

• Government Backing: Implied guarantee by US government 

_., Source:: Company websites, BAML Agency Database 

Bank of America~ 7 

Typical TLGP New Issue Fixed Benchmark 

Distribution Profile 

US85% 

Fund 

Manager 

58% 

Other Key Points 

• Typical Size: $2-$5 Billion 

• Marketing Period: 1-2 days 

• Trace Eligible: YES 

Central 

Banks 1% 

• Government Backing: Principal and interest explicitly 

guaranteed f:i\.~ 

~Merrill Lynch 
~ 

~ 

Liquidity in the Agency & TLGP Markets 

Agency Spreads Have Returned To Pre-Conservatorship Levels 

180.---------------------------------------------------------------------------------------------------------~----------

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40 • 

6/16/08 7/16/08 8/16/08 9/16/08 10/16/08 11/16/08 12/16/08 

Date 

_, Source: MLX 

BankofAmerica~ 8 

1/16/09 2/16/09 3/16/09 4/16/09 5/16/09 6/16/09 

~Merrill Lynch 
I 

Liquidity in the Agency & TLGP Markets 

Notice to Recipient 

These materials have been prepared by one or more subsidiaries of Bank of America Corporation for the client or potential client to whom such materials are directly addressed and delivered 

(the "Company") in connection with an actual or potential mandate or engagement and may not be used or relied upon for any purpose other than as specifically contemplated by a written 

agreement with us. These materials are based on information provided by or on behalf of the Company and/ or other potential transaction participants, from public sources or otherwise 

reviewed by us. We assume no responsibility for independent investigation or verification of such information (including, without limitation, data from third party suppliers) and have relied 

on such information being complete and accurate in all material respects. To the extent such information includes estimates and forecasts of future financial performance prepared by or 

reviewed with the managements of the Company and/ or other potential transaction participants or obtained from public sources, we have assumed that such estimates and forecasts have 

been reasonably prepared on bases reflecting the best currently available estimates and judgments of such managements (or, with respect to estimates and forecasts obtained from public 

sources, represent reasonable estimates). No representation or warranty, express or implied, is made as to the accuracy or completeness of such information and nothing contained herein is, 

or shall be relied upon as, a representation, whether as to the past, the present or the future. These materials were designed for use by specific persons familiar with the business and affairs of 

the Company and are being furnished and should be considered only in connection with other information, oral or written, being provided by us in connection herewith. These materials are 

not intended to provide the sole basis for evaluating, and should not be considered a recommendation with respect to, any transaction or other matter. These materials do not constitute an 

offer or solicitation to sell or purchase any securities and are not a commitment by Bank of America or any of its affiliates to provide or arrange any financing for any transaction or to purchase 

any security in connection therewith. We assume no obligation to update or otherwise revise these materials. These materials have not been prepared with a view toward public disclosure 

under state or federal securities laws or otherwise, are intended for the benefit and use of the Company, and may not be reproduced, disseminated, quoted or referred to, in whole or in part, 

without our prior written consent. These materials may not reflect information known to other professionals in other business areas of Bank of America and its affiliates. 

Bank of America Corporation (the parent company of Bane of America Securities LLC and Merrill Lynch & Co., Inc.) and its affiliates (collectively, the "BAC Group") comprise a full service 

securities firm and commercial bank engaged in securities, commodities and derivatives trading, foreign exchange and other brokerage activities, and principal investing as well as providing 

investment, corporate and private banking, asset and investment management, financing and financial advisory services and other commercial services and products to a wide range of 

corporations and individuals, domestically and offshore, from which conflicting interests or duties, or a perception thereof, may arise. In the ordinary course of these activities, parts of the 

BAC Group at any time may invest on a principal basis or manage funds that invest, make or hold long or short positions, finance positions or trade or otherwise effect transactions, for their 

own accounts or the accounts of customers, in debt, equity or other securities or financial instruments (including derivates, bank loans or other obligations) of the Company, potential 

counterparties or any other company that may be involved in a transaction. Products and services that may be referenced in the accompanying materials may be provided through one or 

more affiliates of Bank of America. Capital markets and investment banking services are provided by Bane of America Securities LLC and/ or Merrill Lynch, Pierce, Fenner & Smith 

Incorporated, which are broker-dealers registered with the Securities and Exchange Commission and members of the Financial Industry Regulatory Authority and the Securities Investor 

Protection Corporation. 

We have adopted policies and guidelines designed to preserve the independence of our research analysts. These policies prohibit employees from offering research coverage, a favorable 

research rating or a specific price target or offering to change a research rating or price target as consideration for or an inducement to obtain business or other compensation. We are required 

to obtain, verify and record certain information that identifies the Company, which information includes the name and address of the Company and other information that will allow us to 

identify the Company in accordance with the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) and such other laws, rules and regulations. 

We do not provide tax advice. Accordingly, any statements contained herein as to tax matters were neither written nor intended by us to be used and cannot be used by any taxpayer for 

the purpose of avoiding tax penalties that may be imposed on such taxpayer. If any person uses or refers to any such tax statement in promoting, marketing or recommending a 

partnership or other entity, investment plan or arrangement to any taxpayer, then th·e statement expressed herein is being delivered to support the promotion or marketing of the 

transaction or matter addressed and the recipient should seek advice based on its particular circumstances from an independent tax advisor. Notwithstanding anything that may appear 

herein or in other materials to the contrary, the Company shall be permitted to disclose the tax· treatment and tax structure of a transaction (including any materials, opinions or analyses 

relating to such tax treatment or tax structure, but without disclosure of identifying information or, except to the extent relating to such tax structure or tax treatment, any nonpublic 

commercial or financial information) on and after the earliest to occur of the date of (i) public announcement of discussions relating to such transaction, (ii) public announcement of such 

transaction or (iii) execution of a definitive agreement (with or without conditions) to enter into such transaction; provided, however, that if such transaction is not consummated for any 

reason, the provisions of this sentence shall cease to apply. 

Copyright 2008 Bank of America Corporation. 

Bank of America~ 9 ~Merrill Lynch 
2yr 

Syr 

10yr 

30yr 

IUFGiobal. 

OTR US Treasury Securities - 12/07 to 6/09 

Bid/Offer Spreads in 32nds 

Average Std 

' , <t:i,3 .• ~4· :, ·::·<io:16 c -·· ··~ < ,•"< _/;'~:.U ,', ...• ;<; 

1.50 0.25 0.43 0.18 

8.00 0.25 1.86 1.03 -------------------------------------------------------------------------

source: Tradeweb End of Day Marks 
Historical On-the-Run US Agency Bid/Ask Spreads 

BID ASK SPREAD ($price in points) ON THE RUN AGENCIES 12/17/07-5/28/09 

G.~.n$'r'io'On.~Ttte~F{on'/&9enPY':·~ : ,,, .; ·· .. · •···: >lill@f:li;~;;.:;;>;;:~;c;~ •. ';,. tow ,.::· .. · • AVE~~E:t•}i~· ';~~1>PEY"X :(; 

~~~ 0.~ ~~ 0.~ ~~ 

•'F;'N'Mfi~iiL :._ z ·· o:~;g5'_1:zr:;_·.;o: . . :•· :;tJ':o62' 

FNMA 0.161 0.102 

230y 

:~fil:MC:~.Y::::~ ... ··. ;; :· · FHLMC 3y 

!FHlifv1~-~9Y;;;:;,:'; ;. c :·< 

FHLMC 10y 

·Fflt.MC4b}/;•.'· ·· 

.. ······•··i;;p.;:~~Y;~'El:~Vi~':•:,..::c',.!:toi~g~j 0.623 0.365 

· : p;o~?~.·'iF~... . ;:;;o::o~~; 

0.104 0.068 

· :.;sg~iJf!!i~.:jf.~F;' ". ·~;~roso9s 1 

0.313 0.194 

.. · ... ro,~16{ ;::IT·'· ·:·a:e~6 

BID ASK SPREAD (32nds) ON THE RUN AGENCIES 12/17/07-5/28/09 

FNMA2y 7 0 2 

iFNf.AI.\'3~i;''o:: · · · FNMA5y 20 

:lft>Jtl!1.e.:1oy 

FNMA230y 

FHLf\4c:2y} .· ,. , ;,};; · · FHLMC 3y 

:Fi-IJ;~~:sy; >:-

FHLMC 10y 

•F.t:n~rv1P;3oy':, ;· • 

source: Tradeweb Market Data End of Day Marks 

6 

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