; or (E) where a company described under subparagraph (A), (B), or (C) has control, as defined under section 230.405 of title 17, Code of Federal Regulations, of the company, as determined by the Securities and Exchange Commission. (2) Hedge fund The term hedge fund means an issuer that would be an investment company but for paragraph (1) or (7) of section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ). (3) Index fund The term index fund means an investment company or hedge fund that is designed to track an index of securities or a portion of such an index. (4) Investment company The term investment company has the meaning given that term under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ).