InSEC v. Edwards, that the Court pays significant attention to whether the "fixed rate of return" somehow changes the nature of the contract. The Court was concerned that such a provision might be a relevant factor in determining whether the instrument, otherwise qualifying as a "security", might no longer fit the test outlined inHowey. Does such a provision for a fixed return frustrate the "derived solely from the efforts of others" element of theHoweytest? State and defend your position.