; (B) in paragraph (1), by striking and/or, ; (C) in paragraph (2), by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (3) A pecuniary or indirect pecuniary interest in such security. ; and (2) by adding at the end the following: (e) For the purposes of calculating, with respect to a derivative instrument, the 5 per centum figure described in sections 13(d)(1), 13(g)(1), and 13(s)(1) of the Act, a person— (1) may use— (A) the number of shares that may be delivered to the person or by the person on the exercise of the rights under the derivative instrument; (B) the number of shares by reference to which the amount payable under the derivative instrument is derived or determined; (C) in the case of stock futures contracts, the product obtained by multiplying the contract multiplier by the number of contracts held; (D) in the case of a cash settled derivative the number of shares in the contract if the contract allows for a cash equivalent of the closing price of the share; or (E) when determining the number of outstanding shares of a class of equity securities, the guidance provided under section 13d–1(j); (2) shall, with respect to a derivative instrument that does not have a delta that is equal to one (including cash-settled options), use the number of shares that the person could purchase with the cash that would result from the product that is obtained by multiplying the delta by the number of exposed shares; (3) (A) may not take the difference between the percentage of a class of equity security in which the person has a short interest (as described in section 13(s)(3) of the Act) and the percentage of that class of equity security in which the person has a long interest; and (B) shall use the greater percentage of which the person has— (i) a short interest (as described in section 13(s)(3) of the Act) in a class of equity security; or (ii) a long interest in a class of equity security