EFTA Document EFTA01375728

STANDARD OPTIONS AGREEMENT As a dent (eve or 'our) of Deutsche Bank Securities Inc you or 'your), we hereby agree mutant to this agreement (Agreement') that in connection with any transaction executed handled a endorsed by you on our behalf for the purchase or sale of puts. calls, a other forms of options for our account(s) I We will be bound by the conneubons, rules, regulations, custom and by-laves of The Options Clearing Corporation f OCC), the Fmancial 'rickety Regulatory Authority. exchange markets and their respective clearing houses and we have recewed. read and understand the brochure entitled 'Charactenstics and Risks of Standardized Options (the 'Risk Document') including. without limitation. the purposes and asks associated with options, the secondary market n opbons and such rules regarding exercise and positions knits. and agree not 13 violate such Imre either alone or actlig in concert with others 2 We agree to pay to you brokerage and commission charges as agreed upon between us and you. including without limitation, ticket and execution charges premiums on any option purchased by you on our behalf, any fees, fines, a other charges imposed by any exchange. clearing organization. governmental agency. set regulatory organization. or any court of competent junsdction on any amount opened a transaction executed for us, the amount of any trading Ices that may result ham transactions executed by you on our behalf on your demand any debt balance owing with respect to our secants), and interest on any such debit balances al the rates then charged by you, together with your costs and reasonable attorneys' fees incurred in collecting any such debt balance, and any appIrcable taxes on any of the foregoing. 3 We represent and warrant that (i) options tradmg is suitable fa in in light of our mvesenent OSCWeS, financtai situation, needs, epeneece and knowledge (whether drectly a through air representaWes and ad visas), (o) we understand and admoveledge that options trading involves a high degree of risk (including without limitation the risks described in the Rek Document): (m) we understand that you are relying won these representations and warranties and the financial and other information that we have provided or will provide to you, (iv) we are aware that on certain trading days. trading may cease with a resident financial &advantage to itself. and (v) we are wiling and able to carry and bear all the fnanoal nsks attendant to options lading 4 We agree to. advise you promptly in writing of any material changes n air investment objectives, finanaal situation, assumption of rek, and background mammalian, or other mbrrnabon insofar as such changes relate to our suitability km opeons transactions 5 In the event that we or oar clearing broker dispute or deny krodedge of a ',Inseam, or if our clearing broker does not for any reason accept a transaction executed by you and transmitted to the clearing broker (through the 0CC a otherwise). then you sad. at your optco, be entitled to. (a) close out the transacbon by such sale, purchase, dsposal or other cancePalon transaction as you may determine. whether on the market. by private contract or any other appropriate method, (b) transfer our transactions to another dealing broker as mstrucied by us; or (c) dear our transaction n accordance with your standard terms We will be solely respond* for any lees or losses associated with such actions Where pracbcable you shall provide us with prior notice of such adorns. We further understand that margin and other recearements exist in connection with certain options and options transactions. We also hereby authonze and instruct you, on our behalf to submit lo the CCC, tam time to tine. as you deem appropriate a advisable. in your sole discretion, instructions pursuant to 0CC Rule 611 to designate segregated long option poi tins held in your 0CC customer account for us to be released from segregation and netted with our offsetting short option position in the same opts' series 6 We understand the style of an option refers generally to when that option is exercisable. and that. speaficalhe (i) an Amencanttyle option is an option that may be exercised on any regular business day pnor to its expiration. (i0 a AUG15 Eurcpean-style option is an option that may be exercised only on a specified exercise date (or sr:peahen dale) or doing a speofied lime paned before the option expires. and (m) a capped °peon is an option that is automatically exercised prior to expiration if the mar ketplace on which the option trades deiemunes that the value of the underlying interest al a speared time has reached the 'cap price for the option. 7 We hereby authonze you n your sole discretion and without pnor notification to us. should you deem rt necessary for your protecton to take such action, including, without limitation. to buy sell or sell short nsk. puls, calls. or abet loans of options ander to buy, sell a sell shat any pan a all of the underlying secunbes represented by options We will rernburse any and all expenses, inducing, but not limited to reasonable attorneys' fees and disbursements, incurred by you n connection with such transactions 8 You are under no obligation b convey to us any information relatng to the underlying securities covered by an option or any information relating to options Any information, advce or nobficabon m respect to any option or any underlying securities that you may give us shall not be construed as creating an implied agreement or course of dealing between us and shall not impair the provisions of this or any other agreement between us 9 Absent the written designation of an agent to transact business on our behalf (power of attorney) we alone make trading decisions relative to our accounts) however, unless we give specific instructions to the =tare you may exercise dsaelion in the selection of the exchange a market for the execution of options traded on more than one exchange a market 10 Al monies, seventies, or other property. together with, in each case, all proceeds of the sale thereof (property) represented by an entry on our accounts), or under your direction or any Abate acting as your agent in connection with this Agreement are hereby pledged to you and shat be subject to a ccntinung first hen and first pnouty perfected security interest ri you favor to secure SI of our obligati:ins indebtedness and lobelias to you (whether actual or contingent) Except as otherwise agreed by you, no part of the property shall be subject to, nor sisal we create or purport to Male thereover, any pledge. hypothecations asegnment or any other form of security interest II. We consent to your use of automated systems or service bureaus in compaction with our accounes) including automated order entry and execution, recackeeping reporting and nsk management (collectuely. 'Automated Systems') We understand that The use of Automated Systems entails risks, indudng, but not ended to. interniption of service, system or communications failure, delays in service, and errors in the design a fisictioning of such Automated Systems (collectively. a 'System Failure' ) that code cause substantial damages expense or iablity to us. YOU AND YOUR AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CF AN Y KW, EXPRESS CR IMPLIED, WITH RESPECT TO TI-F SELECTION, DESIGN, FUNCTIONALITY, CPERATION, TITLE OR NON- INFFUNGEMENT OF ANY AUTOMATED SYSTEM, AND MAKE NO EXPRESS OR IM PLED WARRANTY Cf MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/CR NON INFRIN GEMENT. SPECFCALLY DISCLAIM ANY IMPLIED WARRANTY WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING. YOU AND YOUR AFFLIATES EXPRESSLY DISCLAIM ANY REPRESENTATION THAT ANY AUTOMATED SYSTEM WILL OPERATE UNINTERRUPTED OR BE ERROR. FRE E t2 ebtwithstrencang anyttcg herein to the =Mary. you shall have no respanbity a lability to us hereunder (1) ri C0nneCb0n with the performance a non perberonce by any exchange. market. clearing aganizatico, cleenng firm or other third party (including banks) of its obligations in respect of any options a other property of mine, (.) as a result of any recommendation or advice made or green by a representative of yours, *tether or not made or given at cur request, CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL DB-SDNY-0071302 SDNY_GM_00217486 EFTA01375728