“Eligible Contract Participant” means an “eligible contract participant” as defined in the CEA and regulations thereunder.

"Eligible Contract Participant" means an "eligible contract participant" as defined in the CEA and regulations thereunder.

"Eligible Contract Participant" means an "eligible contract participant" as defined in the CEA and regulations thereunder.

CEA Eligible Contract Participant. Notwithstanding anything to the contrary in any Transaction Document, no Security Party shall be deemed to guarantee, become jointly and severally obligated for or pledge assets in support of a “swap,” as defined in Section 1(a)(47) of the Commodity Exchange Act (“CEA”) of another Security Party in favor of any Hedging Bank if at the time that swap is entered into, such Security Party is not an “eligible contract participant” as defined in [Section 1(a)(18)] of the CEA.

Notwithstanding anything to the contrary in any Loan Document, no Guarantor shall be deemed under this Article XI to be a guarantor of any Swap Obligations if such Guarantor was not an “eligible contract participant” as defined in § 1a(18) of the Commodity Exchange Act, at the time the guarantee under this Article XI becomes effective with respect to such Swap Obligation and to the extent that the providing of such guarantee by such Guarantor would violate the Commodity Exchange Act; provided however that in determining whether any Guarantor is an “eligible contract participant” under the Commodity Exchange Act, the guarantee of the Obligations of such Guarantor under this Article XI by a Guarantor that is also a Qualified ECP Guarantor shall be taken into account.

Eligible Contract Participant. It is an “eligible contract participant” under, and as defined in, the Commodity Exchange Act (7 U.S.C. § 1a(18)) and CFTC regulations (17 CFR § 1.3).

Eligible Contract Participant. It is an “eligible contract participant” under, and as defined in, the Commodity Exchange Act (7 U.S.C. § 1a(18)) and CFTC regulations (17 CFR § 1.3).

means, for purposes of allocating Supplemental Contributions for any Plan Year, a Participant who # is not a Highly Compensated Employee, and # is taken into account in performing the ADP or ACP Tests.

Eligible Contract Participant. It is an “eligible contract participant” as defined in the Act and the Regulations, or, in each case, under any successor statute or rule, including those enacted pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”).

"Eligible Contract Participant" means an "eligible contract participant" as defined in the CEA and regulations thereunder.