; or (BB) the power to sell or direct the sale of not less than 25 percent of a class of voting securities. (cc) In the case of a partnership or a limited liability company, the person has the right to receive upon dissolution, or has contributed, not less than 25 percent of the capital. (iii) Eligible privately held company (I) In general The term eligible privately held company means a privately held company that— (aa) does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d); and (bb) in the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company, as determined in accordance with the historical financial accounting records of the company— (AA) before interest, taxes, depreciation, and amortization, has earnings in an amount that is less than $25,000,000