EFTA Document EFTA01390400

APPENDIX TO THIS ACCOUNT AGREEMENT: DISCLOSURES AND DEFINITIONS WIPOPTANT;PLEASE.13EADIHIS/APPENDIXwAwr4lrfwe.,,we. J.! w:404 rvO DISCLOSURES 1. Confirmations. Confirmations of transactions, as well as other communications will be sent to the address Client has provided, or to such other address as Client may hereafter give to DBSI in writing. and all communications so sent, whether by mail, private carrier, facsimile, messenger, electronically or otherwise, shall be deemed delivered to Client when sent, whether actually received or not. 2. Consent to Leen or Pledge of Securities and other Property. Within the limitations imposed by Applicable Law. all Securities and Other Property now or hereafter held. carried or maintained by or in the possession of OBSI that have not been fully paid fir may be lent to OBS( to Pershing or to others. and may be pledged, replertged, hypothecated or rehypothecated without notice to Client, either separately or in common with other &Kathie' end Other Property of OBSI's other Clients for any amount due In any account With DBSI in which Client has ao interest or for any greater amount, and DBSI may do so without retaining in its possession or control tor delivery a like amount of similar Securities anti Other Property. Client understands that while Securtin held for Client's Account(s) are loaned out. Client will lose voting rights attendant to such securities. For additional terms that apply tomargin accounts only. see the Margin Addendum. Neither Pershing. nor OBSI. Will lend or pledge fully paid fbr securities withoot Client's written permission. 3. Corrected and Late Trade Reports. DBSI miry receive late andfor erroneous trade reports from the marketplace where Client's order is executed. Any such reports may result in an adjustment to Client's order or the Mfomunion one trade exeoutinn.reponed to Client. 4. Effect of Attachment or Seciaestration of Acconnts. DOSI shell not boilable for refusing to obey any orders given by or for Client with respect to any Account which is or has been, subject to an attachment or sequestration in any legal proceeding against Client, end 0651 shell be order no obligation to contest the validity of any such attachment or segoestraboo. 5. Foreign Securities. With respect to debt or equity securities of foreign issuers or debt or deposit Instruments of foreign banks ("Foreign Securities"), Clicm acknowledges and understeedil that: (a) Foreign Securities are In most cases, not registered with the Securities and EXchange Commissinn or fisted on any U.S. securities exchange. (b) Foreign Securities, particularly those of Issuers in the so-called "emerging markets" are often illiquid, are sometimes subject to legal and/or oennectuel transfer restrictions and it may be difficult or impossible to dispose of such Foreign Securities prior to the maturity thereof or to determine the market price thereof for valuation purposes, (c) Foreign Sonnies, and the Issuer guarantors or other obligors who respect thereto ("Foreign issuers/ Obligors") are subject to a variety of risks in aduition to those typically faced in the case of U.S. socubties and issuers, including, among other thingS, currency risk, exchange controls, confistatory taxation, withholding. limitations on the rights of security holders, CiVir unreal. hypennflatian, discriminatory treatment of foreign investors. etc., (d) there is often less information available regarding Foreign Issuers/Obligors, and such information may be more difficult to interpret. than is the case with U.S. Issuers whose securities ere subject to the peoodia reporting requirements under U.S. securities laws, (e) tbere may be no effective means to determine if a Foreign Issuer/Obligor Is in default of its obligations in respect of its debt securities or other financial obligations (and Client specifically acknowledges that Foreign Securities which Client purchases may be in default at the time of purchase), (I) Foreign Securities in question may he unrated, and (g) such Foreign Securities are not suitable for all investors. Client authorizes DBSI to purchase Foreign Securities (and, in the case of Foreign Securities denominated in homage cutronciee, thn relevant foreign currencies) from or sell Foreign Sororities land foreign exchange) to an Affiliate of DBSI. In dealing with such Affiliates, such Affiliates may take ano retain their normal commissions, spreads or other fees without regard to LXISI's relationship with Client. 6. Freeriding Prohibited (Not Applicable to Margin Accounts). Paying for the purchase of securities in a cash account with the proceeds of their soosequert sale, known as heeriding. violates Reguittion T of the Federal Reserve Board, is prohibited and may. among other things. result in Client's Account being restricted or closed. 7. Impartial Lottery Allocation System. When 0591 holds Securities and Other Property that are callable fait or in part) on Client's behalf, Client will participate in OtISI's impartial lottery allocation system for the called Securities and Other Property. 8. Non-Investment Adviser Capacity. Unless DBStagrees otherwise In writing, DBS1 Is not acting as en investment adviser" (as such term is defined in the Investment Advisers Act of 1940. as amended) with respect to the Client's Account(s). 9. Non United States Resident Additional Diselosure and Understanding. Timis disclosure amines to non-United States residents and non-United States domiciled entities. Client's Account la based In the United States, and not in Client's country of residence. OBSI accounts, products and services miry not have been registered, reviewed or approved by any governmental, banking or securities regulator in Client's country of residence or domicile. NCI all of ()BSI accounts, products, services or investments are available to residents of all countries. Many countries have various laws, rules and regulations that may apply to opening and maintaining accounts, inducts or services outside Client's country or residence on domicile, including reporting and filing toque ements and laws, rules and regulations regarding taxes, exchange or capital controls. Client is responsible for knowledge of and adherence to any such laws, rules and regulations and reporting or Wing requirements in Client's country or domicile of residence that might apply as a resulrof Client's Account with 0851M the United States. These may Include but are not limited to, tax, foreign exchange or capital controls, and reporting or filing requirements that may apply as result of Client's °Gunny of citizenship, domicile or residence. Client curreolly complies and will ootttinue tc comply with shy inch laws, rules. regulations and reporting nr filing nieulrements as required by Clients county of citizenship, residence or domicile. • I3-AWMOitle a 012145.0321113 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094899 CONFIDENTIAL SDNY_GM_00241083 EFTA01390400