Text extracted via OCR from the original document. May contain errors from the scanning process.
(a)
in connection with the investigation or defense of any actual or threatened proceeding.
inquiry or investigation by any inch organization or atahority, or
(b)
in connection with any actual or threatened proceeding or arbitration to which at least both
Client and DR are pante& or we joined.
11.3
Client consents to time disclosure of Confidential information and other information to third
parties to the extent required by the CFA, thin CPTC Regulations Dr other applicable law,
regulation or legal process, including but not limited to disclosures of real-time and swap data
itporting information to a swap data repository• and large trader reporting information to the
CFTC. Client acknowledges that such disclosures could result in information becoming available
to the public.
11.4
Client agrees that-any information provided to DB from time to time that is generally available
publicly al the time such information is provided, or that later becomes generally available
publicly (other than as a result of a breach of any express agreement between >ou and us or
applicable law by us). is not considered Confidential Information even if marked confidential.
11.5
Client conscntsto and agree that, with respect to any blemretion provided by Client to DB ham
time to time (including, without limitation. Confidential Information), DB is authorized to
disclose such information to its affiliates and its and their respective agents, advisors, and third-
party service providers in connection with:
(a)
rite provision by DB or its affiliates of any products or services to Client;
(b)
the performance of obligations or exercise of rights under such products or services by
Client or by DB or its affiliates;
(c)
complying with DB's or its affiliges' intemai legal, compliance, accounting or Sic
management policies; or
(d)
hedging or mitigating any exposure created by a swap (including anticipatory hedging).
12.
12. 1
Client agrees that DB shall be the Reporting Counterparty in respect of all swaps entered into
pursuant to this Addendum.
12.2
Client agrees that, in respect of any International Swap entered into pursuant to this Addendum. if
Client is for any reason determined to be the reporting counterpany for such international Swap
under applicable local law or regulation in a non-US jurisdiction, Client will notify DB as soon as
practicable of:
(a)
the identity of each non-US trade repository not registered with.the CFTC to which Client
has reported such International Swap, and
(b)
the swap identifier used by such non-US trade repository to Identify the International
Swap.
12.3
Client agrees that, upon the occurrence of any Lift Cycle Event relating to a corporate event with
respect to Client or any of Client's affiliates in respect of a swap entered into with DB covered by
this Addendum, Client will, as soon as practicable, but in no event later titan the close of business
on the first New York business day following the day on which such Life Cycle ENent own,
notify DB of the. occurrence of such Life Cycle Even and provide in such notice sufficient detail
regarding such Life Cycle Event to allow DB to comply with any regulatory mowing
requirements imposed on it.
6191442
PARTS —PACE It
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0060114
SDNY_GM_00206298
CONFIDENTIAL
EFTA01368389