eligible commercial entity
(17) Eligible commercial entity The term “eligible commercial entity” means, with respect to an agreement, contract or transaction in a commodity— (A) an eligible contract participant described in clause (i), (ii), (v), (vii), (viii), or (ix) of paragraph (18)(A) that, in connection with its business— (i) has a demonstrable ability, directly or through separate contractual arrangements, to make or take delivery of the underlying commodity; (ii) incurs risks, in addition to price risk, related to the commodity; or (iii) is a dealer that regularly provides risk management or hedging services to, or engages in market-making activities with, the foregoing entities involving transactions to purchase or sell the commodity or derivative agreements, contracts, or transactions in the commodity; (B) an eligible contract participant, other than a natural person or an instrumentality, department, or agency of a State or local governmental entity, that— (i) regularly enters into transactions to purchase or sell the commodity or derivative agreements, contracts, or transactions in the commodity; and (ii) either— (I) in the case of a collective investment vehicle whose participants include persons other than— (aa) qualified eligible persons, as defined in Commission rule 4.7(a) ( 17 CFR 4.7 (a)) ; (bb) accredited investors, as defined in Regulation D of the Securities and Exchange Commission under the Securities Act of 1933 [ 15 U.S.C. 77a et seq.] ( 17 CFR 230.501 (a)) , with total assets of $2,000,000; or (cc) qualified purchasers, as defined in section 2(a)(51)(A) of the Investment Company Act of 1940 [ 15 U.S.C. 80a–2(a)(51)(A) ]; in each case as in effect on December 21, 2000 , has, or is one of a group of vehicles under common control or management having in the aggregate, $1,000,000,000 in total assets; or (II) in the case of other persons, has, or is one of a group of persons under common control or management having in the aggregate, $100,000,000 in total assets; or (C) such other persons as the Commission shall determine appropriate and shall designate by rule, regulation, or order.