Commodity Pool. Either (a) the Company is not a “pool” under the CEA and the regulations of the CFTC thereunder because it does not trade “commodity interests” or (b) to the extent the Company is or becomes a pool under the CEA and the CFTC regulations thereunder, the Adviser will avail itself of no-action relief from commodity pool operator registration.
Commodity Pool. The Company is not required to be registered under the Commodity Exchange Act as a “commodity pool operator” with regard to its operation of any subsidiary.
Commodity Pool. The Borrower is not a commodity pool within the meaning of the Commodity Exchange Act or the rules and regulations of the Commodity Futures Trading Commission.
Commodity Pool. The Issuer is not an investment trust, syndicate or similar form of enterprise operated for the purpose of trading in commodity interests for purposes of the Commodity Pool definition in the Commodity Exchange Act. In addition to the foregoing, the representations and warranties of Issuer set forth in any Transaction Document are hereby incorporated herein by reference for the benefit of the Initial Noteholders and the Variable Funding Note Noteholders.
Commodity Pool. The Issuer is not a “commodity pool” for which the “commodity pool operator” has claimed an exemption under Commodity Futures Trading Commission Rule 4.7.
Commodity Pool. The Trust will not hold or trade in commodity futures contracts regulated by the Commodity Exchange Act as amended from time to time and any rules or regulations promulgated thereunder (collectively, the “Act”). For the avoidance of doubt, the Trustee shall be indemnified in connection with any breach of the foregoing in accordance with Article VIII. The Sponsor represents and warrants that it believes that the Trust is not subject to regulation under the Act and the Trustee is not required to register as a commodity pool operator under the Act.
