Commodities derivative financial instrument
(i) In general
(i)In general#
The term “commodities derivative financial instrument” means any contract or financial instrument with respect to commodities (other than a share of stock in a corporation, a beneficial interest in a partnership or trust, a note, bond, debenture, or other evidence of indebtedness, or a section 1256 contract (as defined in section 1256(b))), the value or settlement price of which is calculated by or determined by reference to a specified index.
(ii)Specified index#
The term “specified index” means any one or more or any combination of—
(I) a fixed rate, price, or amount, or
(II) a variable rate, price, or amount,
(ii)(I)#
a fixed rate, price, or amount, or
(ii)(II)#
a variable rate, price, or amount,
which is based on any current, objectively determinable financial or economic information with respect to commodities which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties’ circumstances.