In this Instrument “U.S. credit supporter” means a credit supporter that
(a) is incorporated or organized under the laws of the United States of America or any state or territory of the United States of America or the District of Columbia,
(i) has a class of securities registered under section 12(b) or section 12(g) of the 1934 Act, or
(ii) is required to file reports under section 15(d) of the 1934 Act,
(c) has filed with the SEC all 1934 Act filings for a period of 12 calendar months immediately before the filing of the preliminary short form prospectus,
(d) is not registered or required to be registered as an investment company under the Investment Company Act of 1940 of the United States of America, and
(e) is not a commodity pool issuer as defined in National Instrument 71-101 The Multijurisdictional Disclosure System.