EFTA Document EFTA01390396

5. Purchase of Securities. DBSI requires that cash accounts contain sufficient funds to settle a transaction, but has the right to accept an order without sufficient funds with the understanding that Client will submit payment on or before settlement date for each security purchased. OBSI retains the right to cancel or liquidate any order accepted and/or executed without prior notice to Client, if DBSI does not roceive payment by settlement date. Alternatively, upon Client's failure to pay for purchased and settled securities, OBSI has the right to sail Securities end Other Property held in any of Clients AccoontIs), and oharge.to Chem any loss resulting theretham. 6. Sale of Securities. Client eves() that In a cash account (a) Client will not sell any Security before it is paid for. (b) Client will own each security sold at the time of sale, (c) unless such security Is already held n Me.Actount Client will promptly deliver such security thereto on or before settlement data, Id) Client will promptly makes full cash payment of any aninunt which may become due in order m meetnecessary requests for additional deposhs and fa) with respect to any Securities and Other Property sold, Client will satisfy any mark to the market deficiencies. Client must affect all Short Sales in a margin ecoount and designem these sales as *short? AN other sees will be designated as long" and will be deemed to he owned by Client In the eventthat DBSI enters an bider to sell Securities and Other Property that Client represents Client owns. but which are not held in the Account at the time of sale, and Client fails to make Olkery by settlennet dste, B6S1 has the right to oureheee or borrow any Seeurities and Other Property necessary to make the required delivery. Client aspens to aempensate ElS1 far any loss or rest including interest, commission or fees sustained as a result of the foregoing. DE4S1 charges interest on unpaid balances in caah.accounts from lb. dose of business on settlement dete. See the Annual Disclosure Statement at http://www.pwm.db.ocm/atnericaskinfannualdisclosecestatementhtml ler additional information en iatersst charger.. 7. Restrictions on Trading. DBSI has the right to prohibit or restrict Client's ability to trade Securities and Other Property. or to wbsutote securities In Client's Account. 8. Restricted Scrounges. Client will not buy, sell or pledge any Reclined Securities without 08Sts prior written approval. Prior to plating any order for Restricted Securities subject to Rule 144 or 145 of the Securities Act of 1933. Client must identify the status of the securities end furnish DBStwith.the necessary doduments (incturiing ooinions 'ol legal counsel, if requested) t0 obtain approval to transfer end register thew securities. DBSI will not be liable for any delays in the processing of these securities or for any losses caused by these delays. DBSI has the right to decline to accept en order for these securities until me transfer and registration of such securities Neaten approved. 9. Order Placement and Canceflation/Moditication Requests. When Client verbally places a trade with a Client Advisor, Client will be bound to the oral confirmation repeated back to Client, unless Client objects at the time of the order. Client undersumoc that requests to cancalirrodify an order that DBSI accepts aro on a beer effects basis only. 10. Aggregation df Orders and Average Prime. Client authorizes DBSI to aggregate coders for Client Account(*) with other orders. Client recognizes that in so doing, Client may receive an average price for orders that may differ from the price(s) Client may have received had the orders net been aggregated. Client understands that this orectbe may also result in orders being only partially oomploted. 11. Transmission of Metructione. Client underetends end accepts responsibility for the transmission of instructions to DB51 and will bear the rlek of loss arising from the Method of transmission used in thn event of transmission errors, misunderstandings, Impersonations, transmission by unauthorized persons, forgery nr intercepts. Except in the case of gross negligence, Client agrees to release and indemnify OBSI, its affiliates, employees and directors from any and all liability arising from the execution of tramections bawd on such instruoffuns. 12. Role of Certain Third Parties. 01151 engages a third-party clearing agent' Pershing. Client understands that Pershing is the custodian of Client's assets, clears and settles all transactions. end extends credit on any margin purchases. where applicable. Client further understands mat Pershing may accept tram 0B91, without inquiry or investigation: (t) orders for the purchase or sale of Securities and Other Property on margin or.othenvise, and (ii) any other Instructions concerning Accoonffte. Client further understands that the contract between 13851 and Pershing, and the services rendered thereunder, are not intended to create a joint venture, pannershlp or other form of business organization of any kind. Pershifig shall not be responsible or liable to Client for any sots or omissions of 0651 or its employees. Pershing goes not provide investment adviee. nor offer tiny opinion on the suitability of any transaction or order. OBSI is not acting as the agent of Pershing. Client cannot held Pershing. iti affiliates and its blflcers, directors and agents liable for any trading losses that Client incurs. 13. Liens. Client hereby grants to DBSI and its Affiliates a security interest in and lien upon all Securities and Other Property in the possession or control of DBSI. any of its Affiliates or Pershing. in which Client has an interest (held individually, jointly or otherwise) (collectively all such Securities and Other Property are referred to herein as 'Constan') in order to secure any snd all indebteoness or any other obligation of Client to DBSI and its Athletes or Pershing (collectIvery, ell such obligations are referred to herein as the *Obligation?). Clients who are joint accountholders (Joint Accountholders) acknowledge and agree that pursuant to the lion to OBSI and Affiliates, the Collateral shall include Securities and Other Property held in the Account or any other account held by either Jeint Accountholder with 0651 or its Affiliates or Persning (whether individually, jointly or otherwise) end Snail secure any and all Obligations of each Joint Accountholder to DBSI and its Affiliates or Pershing. With respect to the lien granted to OBS1-and its Affilictes. 0851 (or Pershing, at ()BSI's instruction) 'nay, et any time and without prior notice, sett transfer. release. exchange, settle or. otherwise dispose tit or deal vette any or an such Collateral in order to satisfy any Obligations. In enforcing this lien, OBSI shall have the discretion to determine what and how much Collateral to apply fer the purposes of the foregoing. Notwithstanding the foregoing, netting herein shell beideemed to gram an interest In any Account or assets that wontd give rise toe prohibited transaction under Seolion 4975(cl(1) (0) of the Internal Revenue Code of 1986. as amended,. or Seotion 40640(i)(B) of the Employee Retirement Income Security Act of 1974, as otnanded. Securities snd Omer Property held in Cliental retirement aecourillal maintained by OBSI, which may includeilflAs or qualified plans. are not subject to this lien end such Securities end Other Property may only be used to satisfy Client's indentedness or ether obligations related to Client's retirement account(s). tyinveinise 1 012145032813 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094892 CONFIDENTIAL SDNY_GM_00241076 EFTA01390396