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efta-01388077DOJ Data Set 10Other

EFTA01388077

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DOJ Data Set 10
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efta-01388077
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EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
iv: 71034,7J/00,0/40 WOndylO IW0 LOT eaVHi DIAMDUIL MUM N. MMUL 003 'Unscheduled Holiday' shall mean fix the purposes of this Transaction, that a day is not a Business Day and the market was not aware al such fact (by means c4 a public announcement or by reference to other publicly available information) until a time later than 9:03 am local time in the Principal Financial Centre of the Reference Currency two Business Days prior to the Scheduled Valuation Data Deferral Period to Unscheduled Holiday: in the event the Scheduled Valuation Date becomes subject to the Following Business Day Convention atter the occurrence of an Unscheduled Holiday, and d the Valuation Date has not occurred on or before the 30th consecutive day after the Scheduled Valuation Date (any such period being a 'Deferral Period), then the next day after the Deferral Period that would have been a Business Day but for the Unscheduled Holiday, shall be deemed to be the Valuation Date. 'Valuation Postponement" for Price Source Disruption: means, for purposes of obtaining a Settlement Rate, that the Spot Rate will be determined on the Business Day fist succeeding the day on which the Price Source Disruption ceases to exist, unless the Price Source Disruption continues to exists (measured from the date, that but for the occurrence of the Price Source Disruption, would have been the Valuation Date) for a consecutive number of calendar days equal to the Maximum Days of Postponement. In such event the Spot Rate will be determined on the next Business day after the Maximum Days of Postponement in accordance with the next applicable flamenco Fallback Notwithstanding anything herein to the /smeary, in no event Shall the total number of consecutive calendar days during which eller (i) valuation is deferred due to an Unscheduled Holiday, cr (ii) a Valuation Postponement shall occur (a any combination of (I) and 0i)), exceed 30 consecutive calendar days in the aggregate. Accordingly, (x) it upon the Lapse of any such 90 day period, an Unscheduled Holiday shall have occurred or be continuing on the day following such period, then such day shall be deemed to be a Valuation Date, and (y) it upon the lapse of any such 30 day period, a Price Source Disruption shall have occurred or be continuing on the day following such period, then Valuation Postponement shall rot apply and the Spot Rate shall be determined in accordance with the next Disruption Falback Maximum Days of Postponement : Thirty (30) calendar days Business Days applicable to the Valuation Date Buenos Aires and New York Business Days applicable to the Settlement Date: New York 3, Calculation Agent Party A 4. Representations: Each party represerZ to the other party as d the date that it enters into this Transaction that (absent a written agreement between the partes that expressly imposes affirmabve obligations to the contrary for this Transaction). (i0 Non-Reliance. R is acting for its own account, and it has made its own independent decisions to enter into this Transaction and as to whether theTransaction is appropriate or proper for it based upon its own judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any oommunication (written or oral) of the other party as investment advice or as a recommendation to enter into this Transaction, it being understood that infctmation and explanations related to the tears and conditions of this Transaction shall not be considered to be investment advice or a recommendation to enter into the Transaction No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of this Transaction. (u) Assessment and Understanding, Its capable of assessing the metes of and understanding (on its own behalf or through independent professional advice), and understands and accepts the terms and conditions and risks of this Transaction. It is also capable of assuming, and assumes, the risks of the Transaction. (iii) Status of Parties. The other party is not acting as a fiduciary for or adviser to it in respect of this Transaction. This Confirmation supersedes and replaces any other oonirmation (including a SWFT tA T300 or phone confirmation), If any, sent in ccnnection with this Transaction on or prior to the date hereof. Deutsche Bank Disclosure: Party A has addressed a disclosure statement and terms to customers of its foreign exchange business, which is available at the following weterte. htbsszawww.db.conVenrcontentrForeign.Exchange-Disclosureahtm CMosstA d Pie Swims,' Ewe Psi Silikinsii vispiiiet Sorg Jowl Mimosa p saws nainsmi Viesi Lac Mo.74 no Galli P),..4.-.1.41 rco Res. 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