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Commercial Paper
Funding Facility LLC
(A Special Purpose Vehicle Consolidated by the
Federal Reserve Bank of New York)
Financial Statements for the Year Ended
December 31, 2009, and for the Period
October 14, 2008 to December 31, 2008, and
Independent Auditors’ Report

Commercial Paper Funding Facility LLC
Table of Contents

Page
MANAGEMENT’S ASSERTION
INDEPENDENT AUDITORS’ REPORT

1
2-3

FINANCIAL STATEMENTS AS OF DECEMBER 31, 2009 AND 2008, FOR THE
YEAR ENDED DECEMBER 31, 2009, AND FOR THE PERIOD OCTOBER 14, 2008
TO DECEMBER 31, 2008:
Statements of Financial Condition

4

Statements of Income

5

Statements of Changes in Member’s Equity

6

Statements of Cash Flows

7

Notes to Financial Statements

8 - 14

VERSION 20

T 212.720.5000 | F 212.720.6767 | E general.info@ny.frb.org | W www.newyorkfed.org

INDEPENDENT AUDITORS’ REPORT
To the Managing Member of
Commercial Paper Funding Facility LLC:
We have audited the accompanying statements of financial condition of Commercial Paper Funding
Facility LLC (a Special Purpose Vehicle consolidated by the Federal Reserve Bank of New York) (the
“LLC”) as of December 31, 2009 and 2008, and the related statements of income, changes in member’s
equity, and cash flows for the year ended December 31, 2009 and for the period October 14, 2008 to
December 31, 2008. We also have audited the LLC’s internal control over financial reporting as of
December 31, 2009, based on criteria established in Internal Control — Integrated Framework issued by
the Committee of Sponsoring Organizations of the Treadway Commission. The LLC’s management is
responsible for these financial statements, for maintaining effective internal control over financial
reporting, and for its assessment of the effectiveness of internal control over financial reporting, included
in the accompanying Management’s Report of Internal Control Over Financial Reporting. Our
responsibility is to express an opinion on these financial statements and an opinion on the LLC’s internal
control over financial reporting based on our audits.
We conducted our audits in accordance with generally accepted auditing standards as established by the
Auditing Standards Board (United States) and in accordance with the auditing standards of the Public
Company Accounting Oversight Board (United States). Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the financial statements are free of material
misstatement and whether effective internal control over financial reporting was maintained in all
material respects. Our audits of the financial statements included examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements, assessing the accounting principles
used and significant estimates made by management, and evaluating the overall financial statement
presentation. Our audit of internal control over financial reporting included obtaining an understanding of
internal control over financial reporting, assessing the risk that a material weakness exists, and testing and
evaluating the design and operating effectiveness of internal control based on the assessed risk. Our audits
also included performing such other procedures as we considered necessary in the circumstances. We
believe that our audits provide a reasonable basis for our opinions.
The LLC’s internal control over financial reporting is a process designed by, or under the supervision of,
the LLC’s principal executive and principal financial officers, or persons performing similar functions,
and effected by the LLC’s Managing Member to provide reasonable assurance regarding the reliability of
financial reporting and the preparation of financial statements for external purposes in accordance with
generally accepted accounting principles. The LLC’s internal control over financial reporting includes
those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail,
accurately and fairly reflect the transactions and dispositions of the assets of the LLC; (2) provide
reasonable assurance that transactions are recorded as necessary to permit preparation of financial
statements in accordance with generally accepted accounting principles, and that receipts and
expenditures of the LLC are being made only in accordance with authorizations of the Managing
Member; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized
acquisition, use, or disposition of the LLC’s assets that could have a material effect on the financial
statements.

Because of the inherent limitations of internal control over financial reporting, including the possibility of
collusion or improper management override of controls, material misstatements due to error or fraud may
not be prevented or detected on a timely basis. Also, projections of any evaluation of the effectiveness of
the internal control over financial reporting to future periods are subject to the risk that the controls may
become inadequate because of changes in conditions, or that the degree of compliance with the policies or
procedures may deteriorate.
In our opinion, such financial statements present fairly, in all material respects, the financial position of
Commercial Paper Funding Facility LLC (a Special Purpose Vehicle consolidated by the Federal Reserve
Bank of New York) as of December 31, 2009 and 2008, and the results of its operations and its cash
flows for the year ended December 31, 2009 and for the period October 14, 2008 to December 31, 2008
in conformity with accounting principles generally accepted in the United States of America.
As discussed in Note 1 and Note 7 to the financial statements, the LLC’s authorization to purchase highquality commercial paper through the CPFF Program expired on February 1, 2010, and the Managing
Member expects that it will dissolve the LLC following the maturity of its holdings, the payment of
accrued professional fees, and the termination or expiration of existing contractual arrangements.
Also, in our opinion, the LLC maintained, in all material respects, effective internal control over financial
reporting as of December 31, 2009, based on the criteria established in Internal Control — Integrated
Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission.

April 21, 2010

Commercial Paper Funding Facility LLC
Statements of Financial Condition
As of December 31, 2009 and 2008
(Amounts in thousands, except contributed capital data)
2009
Assets
Cash and cash equivalents
Commercial paper, at amortized cost
Trading securities, at fair value (cost of $4,784,725
and $1,268,258, respectively)
Interest receivable
Total assets

$

9,269
9,421,189

2008
$

4,786,416
16,327
14,233,201

Liabilities and Member’s Equity
Loans payable to FRBNY
Loans interest payable to FRBNY
Unearned registration fees
Unearned credit enhancement fees
Professional fees payable and accrued
Total liabilities

$

Equity (contributed capital of $10)
Accumulated earnings
Total member’s equity

9,374,342
4,173
168,223
1,167
3,986
9,551,891

1,270,940
7,592
334,909,785

$

4,681,310
4,681,310

Total liabilities and member’s equity

$

14,233,201

332,399,470
620,438
650,719
151,622
9,344
333,831,593
1,078,192
1,078,192

$

The accompanying notes are an integral part of these financial statements.

4

333,631,253

334,909,785

Commercial Paper Funding Facility LLC
Statements of Income
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
(Amounts in thousands)
2009
Revenues
Interest income
Credit enhancement fees
Registration fees
Total revenues

$

Expenses
Loans interest
Professional fees
Total expenses
Operating income
Non-operating Income
Realized gains on trading securities, net
Unrealized gains (losses) on trading securities, net
Total non-operating income
$

Net income

3,136,544
586,394
500,841
4,223,779

2008
$

598,079
30,441
628,520

620,438
10,797
631,235

3,595,259

1,075,508

9,006
(1,147)
7,859

2
2,682
2,684

3,603,118

$

The accompanying notes are an integral part of these financial statements.

5

1,236,650
290,315
179,778
1,706,743

1,078,192

Commercial Paper Funding Facility LLC
Statements of Changes in Member’s Equity
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
(Amounts in thousands)

Member’s equity, October 14, 2008

$

-

Net income

1,078,192

Member’s equity, January 1, 2009

1,078,192

Net income

3,603,118

Member’s equity, December 31, 2009

$

4,681,310

The accompanying notes are an integral part of these financial statements.

6

Commercial Paper Funding Facility LLC
Statements of Cash Flows
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
(Amounts in thousands)

2009
Cash flows from operating activities
Net income

$

2008

3,603,118

$

1,078,192

Adjustments to reconcile net income to net cash flow
used in operating activities:
Amortization of discounts and premiums
Realized gains on trading securities
Unrealized (gains) losses on trading securities
Increase in interest receivable
Increase (decrease) in loans interest payable to FRBNY
Increase (decrease) in unearned registration fees
Increase (decrease) in unearned credit enhancement fees
Increase (decrease) in professional fees payable and accrued
Payments for purchases of trading securities
Proceeds from sales and maturities of trading securities
Net cash flow used in operating activities

(3,081,453)
(9,006)
1,147
(8,735)
(616,265)
(482,496)
(150,455)
(5,358)
(39,653,524)
36,111,649
(4,291,378)

(1,232,973)
(2)
(2,682)
(7,592)
620,438
650,719
151,622
9,344
(8,523,927)
7,256,840
(21)

Cash flows from investing activities
Purchases of commercial paper
Proceeds from maturities of commercial paper
Net cash flow provided by (used in) investing activities

(403,607,169)
730,932,944
327,325,775

(332,399,449)
(332,399,449)

Cash flows from financing activities
Proceeds from loans from FRBNY
Repayment of loans to FRBNY
Net cash flow provided by (used in) financing activities

403,607,219
(726,632,347)
(323,025,128)

332,399,470
332,399,470

Net change in cash and cash equivalents
Beginning cash and cash equivalents
Ending cash and cash equivalents

$

Supplemental cash flow disclosure
Cash paid for interest

$

9,269
9,269

(1,214,344)

$

-

$

-

The accompanying notes are an integral part of these financial statements.

7

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
1.

Organization and Nature of Business
The Commercial Paper Funding Facility (the “CPFF Program”) was created to enhance the liquidity of the
commercial paper market in the U.S. by increasing the availability of term commercial paper funding to
issuers and by providing greater assurance to both issuers and investors that issuers would be able to roll
over their maturing commercial paper. The authorization to purchase high-quality commercial paper
through the CPFF Program expired on February 1, 2010.
The Commercial Paper Funding Facility LLC (the “LLC”), a Special Purpose Vehicle consolidated by the
Federal Reserve Bank of New York (“FRBNY” or “Managing Member”), is a single member Delaware
limited liability company that was formed on October 14, 2008, in connection with the implementation of
the CPFF Program, to purchase eligible three-month unsecured and asset-backed commercial paper directly
from eligible issuers using the proceeds from loans made to the LLC by FRBNY. FRBNY is the sole and
managing member of the LLC as well as the controlling party of the assets of the LLC, and will remain as
such as long as it retains an economic interest in the LLC.
To be eligible for purchase by the LLC, commercial paper was required to be (i) issued by a U.S. issuer (which
includes U.S. issuers with a foreign parent company and U.S. branches of foreign banks) and (ii) rated at
least A-1/P-1/F1 by a nationally recognized statistical rating organization (“NRSRO”) or if rated by
multiple NRSROs, rated at least A-1/P-1/F1 by two or more NRSROs. The commercial paper was also
required to be U.S. dollar-denominated and have a three-month maturity. Commercial paper purchased by
the LLC was discounted when purchased and carried at amortized cost. The maximum amount of a single
issuer’s commercial paper that the LLC could own at any time (“maximum face value”) was the greatest
amount of U.S. dollar-denominated commercial paper the issuer had outstanding on any day between
January 1, 2008 and August 31, 2008.
Upon registration with the LLC, all issuers were required to pay a non-refundable facility fee equal to 10 basis
points of the issuer’s maximum face value (“registration fee”). The CPFF Program charged a lending rate
for unsecured commercial paper equal to a three-month overnight index swap (“OIS”) rate plus 100 basis
points per annum, with an additional surcharge of 100 basis points per annum for unsecured credit (“credit
enhancement fee”). The rate imposed for asset-backed commercial paper was a three-month OIS plus 300
basis points.
Participation in the Federal Deposit Insurance Corporation’s (“FDIC”) Temporary Liquidity Guarantee Program
(“TLGP”) qualified as a satisfactory guarantee for unsecured commercial paper under the terms and
conditions of the CPFF Program and therefore allowed TLGP participant entities to avoid the CPFF
Program’s credit enhancement fee. On October 31, 2009, the Debt Guarantee Program of the TLGP
expired; at that time the FDIC established a limited emergency guarantee facility that will be in place until
April 30, 2010.
The LLC is authorized to reinvest in short-term and highly liquid assets, which include U.S. Treasury and
Federal agency securities (excluding mortgage-backed securities), money market funds, repurchase
agreements collateralized by U.S. Treasuries and Federal agency securities, as well as U.S. dollar
denominated overnight deposits.
Pacific Investment Management Company, LLC (“PIMCO”) provides transaction agent and investment
management services to the LLC under a multi-year contract with FRBNY that includes provisions
governing termination. State Street Bank and Trust (“State Street”) provides administrative and custodial
services to the LLC under a multi-year contract with FRBNY that includes provisions governing
termination.
The LLC does not have any employees and therefore does not bear any employee-related costs.

8

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
2.

Summary of Significant Accounting Policies
The financial statements are prepared in accordance with the accounting principles generally accepted in the
United States of America (“GAAP”), which require the Managing Member to make estimates and
assumptions that affect the reported amounts of assets and liabilities and the reported amounts of income
and expense during the reporting period. Actual results could differ from those estimates.
The following is a summary of the significant accounting policies followed by the LLC:
A. Cash and Cash Equivalents
The LLC defines investments in money market funds and other highly liquid investments with original
maturities of three months or less, when acquired, as cash equivalents. Money market funds are carried at
fair value based on quoted prices in active markets. Other investments included in cash equivalents are
carried at amortized cost, which approximates fair value.
B. Commercial Paper
According to the terms of the CPFF Program, commercial paper held by the LLC is designated as held-tomaturity under Financial Accounting Standards Board (“FASB”) Accounting Standards Codification
(“ASC”) Topic 320 (ASC 320) Investments – Debt and Equity Securities (previously Statements of
Financial Accounting Standards (“SFAS”) 115). The LLC has the positive intent and the ability to hold the
securities to maturity and therefore, commercial paper is recorded at amortized cost. The fair value of the
commercial paper is believed by the Managing Member not to differ significantly from the amortized cost
at December 31, 2009. All transactions are accounted for at trade date. The accretion of discounts is
recorded on a straight-line basis, which is not materially different from the interest method, and is included
as a component of “Interest income” in the Statements of Income.
C. Trading Securities
Debt securities, other than commercial paper, with original maturities greater than three months, when acquired,
have been designated as trading securities under ASC 320. Trading securities are recorded at fair value in
accordance with FASB ASC Topic 820 (ASC 820) Fair Value Measurements & Disclosures (previously
SFAS 157). All transactions are accounted for at trade date. Realized and unrealized gains and losses on
trading securities are determined on the average cost basis and are recorded as “Realized gains on trading
securities, net” and “Unrealized gains (losses) on trading securities, net,” respectively, in the Statements of
Income. Interest income, which includes the amortization of premiums and accretion of discounts, is
recorded when earned as “Interest income” in the Statements of Income.
D. Impairment Assessment
The commercial paper holdings of the LLC are subject to reviews at the end of each reporting period to identify
and evaluate investments that have indications of possible impairment in accordance with ASC 320.
Impairment is evaluated using numerous factors including collectability, liquidity and credit support,
collateral, and the financial condition and near-term prospects of the commercial paper issuer. If, after
analyzing each of the above factors, the LLC determines that an investment is impaired and that the
impairment is other-than-temporary, the carrying value of the individual security is written down to
estimated fair value. At December 31, 2009 and 2008 there were no commercial paper holdings for which
management considered impairment to be other-than-temporary.

9

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
E. Registration and Credit Enhancement Fees
Registration fees are amortized on a straight-line basis over the life of the program and are recorded as
“Unearned registration fees” in the Statements of Financial Condition and as “Registration fees” in the
Statements of Income.
Credit enhancement fees are amortized on a straight-line basis over the term of the commercial paper, which is
not materially different from the interest method, and are recorded as “Unearned credit enhancement fees”
in the Statements of Financial Condition and as “Credit enhancement fees” in the Statements of Income.
F. Professional Fees
Professional fees are primarily comprised of the fees charged by PIMCO, State Street, attorneys, and
independent auditors. Organization and closing costs of $368 thousand, associated with the formation of
the LLC and the cost of acquisition of the portfolio, were expensed when incurred in 2008.
G. Income Taxes
The LLC is a single member limited liability company and was structured as a disregarded entity for U.S.
Federal, state and local income tax purposes. Accordingly, no provision for income taxes is made in the
financial statements.
H. Recently Issued Accounting Standards
In April 2009, FASB issued FASB Staff Position (“FSP”) SFAS 115-2 and SFAS 124-2, Recognition and
Presentation of Other-Than-Temporary Impairments, (codified in ASC 320), which amends the other-thantemporary impairment guidance for debt securities and the financial statement presentation and disclosure
requirements. The provisions of ASC 320, which are effective for the LLC’s financial statements for the
year ended December 31, 2009, have not had a material effect on the LLC’s financial statements and the
required disclosures are reflected in Note 2D.
In April 2009, FASB issued FSP SFAS 157-4, Determining Fair Value When the Volume and Level of Activity
for the Asset or Liability have Significantly Decreased and Identifying Transactions that are Not Orderly,
(codified in ASC 820), which provides additional guidance for estimating fair value when the value and
level of market activity for an asset or liability have significantly decreased. The standard also provides
guidance for identifying circumstances that indicate a transaction is not orderly. The provisions of ASC
820, which are effective for the LLC’s financial statements for the year ended December 31, 2009, were
considered in determining the valuation of assets and liabilities that are measured at fair value and have not
had a material effect on the LLC’s financial statements.
In May 2009, FASB issued SFAS 165, Subsequent Events, (codified in FASB Topic 855 (ASC 855) Subsequent
Events), which establishes general standards of accounting for and disclosure of events that occur after the
balance sheet date but before financial statements are issued or are available to be issued. ASC 855 sets
forth (i) the period after the balance sheet date during which management of a reporting entity should
evaluate events or transactions that may occur for potential recognition or disclosure in the financial
statements; (ii) the circumstances under which an entity should recognize events or transactions occurring
after the balance sheet date in its financial statements; and (iii) the disclosures that an entity should make
about events or transactions that occurred after the balance sheet date, including disclosure of the date
through which an entity has evaluated subsequent events and whether that represents the date the financial
statements were issued or were available to be issued. The LLC adopted ASC 855 for the year ended
December 31, 2009 and the required disclosures are reflected in Note 7.

10

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
In June 2009, FASB issued SFAS 168, The FASB Accounting Standards Codification and the Hierarchy of
Generally Accepted Accounting Principles, a replacement of SFAS 162, “The Hierarchy of Generally
Accepted Accounting Principles” (codified in FASB Topic 105 (ASC 105) Generally Accepted Accounting
Principles), which establishes the FASB ASC as the source of authoritative accounting principles
recognized by the FASB to be applied by non-governmental entities in the preparation of financial
statements in conformity with GAAP. The ASC does not change current GAAP, but it introduces a new
structure that organizes the authoritative standards by topic. ASC 105 is effective for financial statements
issued for periods ending after September 15, 2009. As a result, both the ASC and the legacy standards are
referenced in the LLC’s financial statements and footnotes.
In January 2010, the FASB issued Accounting Standards Update 2010-06, Fair Value Measurements and
Disclosures (ASC 820) – Improving Disclosures about Fair Value Measurements, which requires
additional disclosures related to fair value measurements. This update is effective for the LLC’s financial
statements for the year beginning on January 1, 2010 and early adoption is prohibited. The adoption of this
update is not expected to have a material effect on the LLC’s financial statements.
3.

Loans Payable to FRBNY
All credit extended to the LLC by FRBNY is for the purpose of acquiring eligible commercial paper and was
made with recourse to the assets of the LLC through a pledge to State Street as custodial agent. The interest
rate on each loan was the target federal funds rate at the time of funding and was fixed through the term of
the loan. If the target federal funds rate was a range, the interest rate was set at the maximum rate within the
range. Principal and accrued interest on each loan is payable, in full, on the maturity date of the commercial
paper acquired by the LLC with the proceeds of the loan extended by FRBNY.
At December 31, 2009, the LLC had a total of five loans outstanding, the last of which matured on February 10,
2010. The weighted-average interest rate on the loans payable to FRBNY was 0.45 percent and 1.25
percent for the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008,
respectively.

4.

Fair Value Measurements
The LLC measures the fair value of its trading securities under ASC 820, which establishes a three-level fair
value hierarchy that distinguishes between market participant assumptions developed using market data
obtained from independent sources (observable inputs) and the LLC’s own assumptions about market
participant assumptions developed based on the best information available in the circumstances
(unobservable inputs).
The three levels established by ASC 820 are described below:
·

Level 1 – Valuation is based on quoted prices for identical instruments traded in active markets.

·

Level 2 – Valuation is based on quoted prices for similar instruments in active markets, quoted prices for
identical or similar instruments in markets that are not active, and model-based valuation techniques for
which all significant assumptions are observable in the market.

·

Level 3 – Valuation is based on inputs from model-based techniques that use significant assumptions not
observable in the market. These unobservable assumptions reflect the LLC’s own estimates of assumptions
that market participants would use in pricing the asset and liability. Valuation techniques include use of
option pricing models, discounted cash flow models, and similar techniques.

11

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated
with investing in those securities.
Determination of Fair Value
The LLC values its trading securities on the basis of the last available bid prices or current market quotations
provided by pricing services.
The following tables present the cash equivalents and trading securities recorded at fair value as of December
31, 2009 and December 31, 2008 by the fair value hierarchy (in thousands):

2009
Money market funds
Trading securities
Total

2008
Trading securities
5.

$

Fair Value Hierarchy
Level 1
Level 2
3,069
$
$
4,786,416
3,069
$
4,786,416
$

$

Fair Value Hierarchy
Level 2
$
1,270,940
$

$

Level 1

Level 3
-

Total fair value
$
3,069
4,786,416
$
4,789,485

-

Total fair value
$
1,270,940

Level 3

Investment Risk Profile
The remaining maturity distribution of the commercial paper and trading securities held by the LLC at
December 31, 2009 and 2008 was as follows (in thousands):

2009

0 – 15 Days
16 – 60 Days
61 – 92 Days
93 – 124 Days
Total
2008

0 – 15 Days
16 – 60 Days
61 – 92 Days
Total

Commercial Paper
Non-Asset
Asset Backed
Backed
$
$
7,422,547
1,998,642
$
7,422,547
$
1,998,642

Trading
Securities
$
1,001
30,406
2,363,807
2,391,202
$
4,786,416

Commercial Paper
Non-Asset
Asset Backed
Backed
$
$
95,306,169
201,659,702
25,625,395
11,039,987
$ 120,931,564
$ 212,699,689

Trading
Securities
$
232,890
472,832
565,218
$
1,270,940

12

$

$

$

$

Total
1,001
9,451,595
2,363,807
2,391,202
14,207,605

Total
232,890
297,438,703
37,230,600
334,902,193

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
Top-tier commercial paper has received the highest ratings (A-1, P-1, F1) from all rating agencies that provide a
rating for the paper. Split-rated commercial paper has received a top tier rating from two rating agencies
and second tier rating (A-2, P-2, F2) from a third rating agency. All of the commercial paper held by
the LLC at December 31, 2009 was top-tier.
The commercial paper held by the LLC, by asset type and issuer type as of December 31, 2009 was as follows
(in thousands):

Commercial Paper
Asset-Backed
Multi-Seller
Securities Arbitrage
Structured Investment Vehicle
Registered Investment Company
Total

$

3,583,651
2,741,213
1,087,704
9,979
7,422,547

Non Asset-Backed
Insurance
Total
Total

1,998,642
1,998,642
$

9,421,189

The largest issuer, an asset-backed commercial paper conduit of a diversified financial company, represents
29.10 percent of the total commercial paper portfolio holdings at December 31, 2009. This entity and
affiliates of this entity, together, represent 61.86 percent of the total commercial paper portfolio held at
December 31, 2009.
6.

Contingencies
The LLC agrees to pay the reasonable out-of-pocket costs and expenses of its service providers incurred in
connection with its duties under the respective agreements and to indemnify its service providers for any
losses, claims, damages, liabilities and related expenses etc., which may arise out of the respective
agreements unless they result from the service provider’s bad faith, gross negligence, fraudulent actions or
willful misconduct. The indemnity, which is provided solely by the LLC, survives termination of the
respective agreements. The LLC has not had any prior claims or losses pursuant to these contracts and
expects the risk of loss to be remote.

7.

Subsequent Events
All of the commercial paper held by the LLC as of December 31, 2009 has matured as of February 10, 2010 and
there were no defaults. The commercial paper held by the LLC at April 21, 2010, which was acquired after
December 31, 2009 but prior to the expiration of the CPFF Program on February 1, 2010, using the
proceeds from loans made to the LLC by FRBNY, has a face value of $2,966,000 (in thousands) and will
mature on April 26, 2010. The cash equivalents and trading securities held by the LLC at April 21, 2010
and any subsequent investments in cash equivalents and trading securities will mature on or before May 3,
2010. The Managing Member expects that it will dissolve the LLC following the maturity of its holdings,
the payment of accrued professional fees, and the termination or expiration of existing contractual
arrangements.

13

Commercial Paper Funding Facility LLC
Notes to Financial Statements
For the year ended December 31, 2009 and the period October 14, 2008 to December 31, 2008
There were no other subsequent events that require adjustments to or disclosures in the financial statements as
of December 31, 2009. Subsequent events were evaluated through April 21, 2010, which is the date
the LLC issued the financial statements.

14