eligible contract participant
(II)is formed and operated by a person subject to regulation under this chapter 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) provided, however, that for purposes ofsection 2(c)(2)(B)(vi) of this titleandsection 2(c)(2)(C)(vii) of this title, the term “eligible contract participant” shall not include a commodity pool in which any participant is not otherwise 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— (vi)an employee benefit plan subject to the Employee Retirement Income Security Act of 1974 (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— (ix)a futures commission merchant subject to regulation under this chapter or a foreign person performing a similar role or function subject as such to foreign regulation, except that, if the futures commission merchant or foreign person is a natural person or proprietorship, the futures commission merchant or foreign person shall not be considered to be an eligible contract participant unless the futures commission merchant or foreign person also meets the requirements of clause (v) or (xi); (x)a floor broker or floor trader subject to regulation under this chapter in connection with any transaction that takes place on or through the facilities of a registered entity (other than an electronic trading facility with respect to a significant price discovery contract) or an exempt board of trade, or any affiliate thereof, on which such person regularly trades; or (xi)an individual who has amounts invested on a discretionary basis, the aggregate of which is in excess of— (I)$10,000,000; or (II)$5,000,000 and who enters into the agreement, contract, or transaction in order to manage the risk associated with an asset owned or liability incurred, or reasonably likely to be owned or incurred, by the individual; (C)any other person that the Commission determines to be eligible in light of the financial or other qualifications of the person.