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“Non-United States Person” is defined as:
(1) a natural person who is not a resident of the United States;
(2) a partnership, corporation or other entity, other than an entity organized
principally for passive investment, organized under the laws of a foreign
jurisdiction and which has its principal place of business in a foreign
jurisdiction;
(3) an estate or trust, the income of which is not subject to United States
income tax regardless of source;
(4) an entity organized principally for passive investment such as a pool,
investment company or other similar entity; provided, that units of
participation in the entity held by persons who do not qualify as Non-United
States Persons or otherwise as qualified eligible persons represent in the
aggregate less than 10% of the beneficial interest in the entity, and that such
entity was not formed principally for the purpose of facilitating investment by
persons who do not qualify as Non- United States Persons in a pool with respect
to which the operator is exempt from certain requirements of Part 4 of the
Commodity Futures Trading Commission's regulations by virtue of its participants
being Non-United States Persons; and
(5) a pension plan for the employees, officers or principals of an entity
organized and with its principal place of business outside the United States.
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