Page:United States Statutes at Large Volume 114 Part 5.djvu/409

 PUBLIC LAW 106-554—APPENDIX E 114 STAT. 2763A-369 "(i) a financial institution; "(ii) an insurance company that is regulated by a State, or that is regulated by a foreign government and is subject to comparable regulation as determined by the Commission, including a regulated subsidiary or affiliate of such an insurance company; "(iii) an investment company subject to regulation under the Investment Company Act of 1940 (15 U.S.C. 80a-l et seq.) or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); "(iv) a commodity pool that— "(I) has total assets exceeding $5,000,000; and "(II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the commodity pool or the foreign person is itself an eligible contract participant); "(v) a corporation, partnership, proprietorship, organization, trust, or other entity— "(I) that has total assets exceeding $10,000,000; "(II) the obligations of which under an agreement, contract, or transaction are guaranteed or otherwise supported by a letter of credit or keepwell, support, or other agreement by an entity described in subclause (I), in clause (i), (ii), (iii), (iv), or (vii), or in subparagraph (C); or "(III) that— "(aa) has a net worth exceeding $1,000,000; and "(bb) enters into an agreement, contract, or trsinsaction in connection with the conduct of the entity's business or to manage the risk associated with an asset or liability owned or incurred or reasonably likely to be owned or incurred by the entity in the conduct of the entity's business; "(vi) an employee benefit plan subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), a governmental employee benefit plan, or a foreign person performing a similar role or function subject as such to foreign regulation— "(I) that has total assets exceeding $5,000,000; or "(II) the investment decisions of which are made by— "(aa) an investment adviser or commodity trading advisor subject to regulation under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) or this Act; "(bb) a foreign person performing a similar role or function subject as such to foreign regulation;

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