Text extracted via OCR from the original document. May contain errors from the scanning process.
written communication (which confirmation may be provided post-trade) by a means specified in
Section 9.3.
9.5
Notwithstanding the requirements of Section 9.4(b), Client agrees that DB need not disclose the
pre-trade mid-market mark in respect of any Exempted Pre-Trade Mark Transactions.
10.
10.1
DB hereby notifies Client that DB may disclose transaction and pricing data for a swap to its
other customers prior to the public dissemination of such data, provided that such disclosure is
made no earlier than the disclosure of such data to a registered swap data repository• that accepts
swap transaction and pricing data for public dissemination.
10.2
DB hereby notifies Client that:
(a)
Client has the right to require segregation of the funds or other property provided to DB
to margin, guaranty or secure Client's obligations in respect of uncleared swaps (other
than variation margin payments); and
(b)
any funds or other property referred to in (a) will be held at a custodian unaffiliated with
DB or with Client in an account segregated, and designated as such, for and on behalf of
Client, pursuant to a written agreement between Client. DB and such custodian.
10.3
DB hereby notifies Client that DB (A) is not an Insured Depository Institution and (B) is not a
financial company (as defined in the Dodd-Frank Act).
10.4
DB hereby notifies Client of the following:
In the event DB is, or becomes at any time, a covered financial company (as defined in section
20I(aX8) of the Dodd-Frank Act, or an insured depository• institution for which the Federal
Deposit Insurance Corporation (-FDIC') has been appointed as a receiver, certain limitations
under Title II of the Dodd-Frank Act or the Federal Deposit Insurance Act may apply to the right
of the Client to terminate, liquidate, or net any swap by reason of the appointment of the FDIC as
receiver, notwithstanding the agreement of the parties in the swap trading relationship
documentation, and that the FDIC may have certain rights to transfer swaps of the covered party
under section 210(cX9)(A) of the Dodd-Frank Act, 12 U.S.C. 5390(c)(9)(A), or 12 U.S.C.
1821(e)(9XA).
10.5
Each party agrees to give notice to the other party if it becomes, or ceases to be, a financial
company (as defined in the Dodd-Frank Act) or an Insured Depository Institution.
11.
11.1
Client hereby authorizes DB to disclose confidential information (including, without limitation,
material confidential information) that is provided to DB by Client or on Client's behalf and is
identified to DB as such ("Confidential Information") where doing so is necessary:
(a)
for the effective execution of any swap for or with Client;
(b)
to hedge or mitigate any exposure created by such swap; or
(c)
to comply with a request of the CFTC, the US Department of Justice, any self-regulatory
organization designated by the CFTC, an applicable prudential regulator, or as otherwise
required by law.
11.2
Client further authorizes DB to disclose Confidential Information in the following circumstances:
9195998
PART B - PAGE 10
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0093370
CONFIDENTIAL
SDNY GM_00239554
EFTA01389092