EFTA01376704.pdf

6. SWAP DOCUMENTATION. 6:1 As amended and. supplemented by this Addendum; the Agreement is the given trading relationship documentation between the parties for purposes of the CFTC Regulations. 6.2 Ackncnvledgemeng/Confirmations. (a) DB hereby netiftes Client that it has the right to request in writing that DR furnish it with a draft acknowledgement 'specifying all the applicable terms of .a proposed swap transaction, other than price and any other tam to be agreed' at the time of execution, prior to the execution of such swap and Clienragrees that the act of entering into aswap without having made such a written request to DB shall constitute. waiver ofClient's right to receive a drafteckhowledgemeni in respect of such swap; and (b) The provisions a this Section 6.2 do not apply 16 any swap that is either (A) executed on or outspend° the rules of a designated contract market .0f swap execution facility, the rules of which provide that confirmation of all terms of the swap take place at the time of execution or (B) submitted to.a derivatives clewing organization for clearing, thenlcs of which provide that confirmation of allterms of theswap occurs at the same time the swap is.aceepted for clearing. 6.3 Portfolio Reconciliatioo. Client acknowledges that in respect of uncleared swaps (which tens, for these purposps, shagbe construed to refer to each "crtc derivative" and -arc derivative contract," each as defined in Article 2(7) of EMIR. between the parties that is subject to the Portfolio Reconciliation Risk Mitigation Techniques), Client will be required to engage in portfolio rotonciliadon with DB in accordance with the reconciliation precede* set out in Nutt Of the Swaps Protheol. 6:4 Portfolio Compression, DB hereby notifies Client that Client has the right to ask DB to engage in portfoliti compression exercises for uncleared swaps and Client agrees and ackn0wledges that Client will engage in periodic portfolio compression exercises if so requested by DB. (b) DB and Client consent to the termination or fully offsetting swaps as a consequence of the portfolio compmssion.exercises tmdertaken pursuant to (a) above. 7. VALUATIONS. 7.1 At end of each business day, DB will calculate the Valuation Amount for each swap between DB end Client as of the end of such business day and DB will calculate such Valuation Amounts acting in good faith and using commercially reasonable procedures in order to produce a commercially reasonable result. 7.2 DB will, upon written request of Client, notify Client of Valuation Amounts calculated pursuant to Section 7.1 by the end of the first business day following the date on which such Valuation Amount was calculated. Client agrees that DB may prOvide.nonce ofany such Valuation Amount by sending it to the email address provided in the Swap Addendum Annex or by posting it on a website as provided in Section 9.3. Unless otherwise agreed by both parties, DB shall not be obliged to disclose to Client any ecinfidentiaL.proprietary information reganiintany model used by DB to value a swap. PART B — PAGE .7 CONFIDENTIAL - PURSUANT TO FED. R. GRIM. P. 6(e) DB-SDNY-0073057 CONFIDENTIAL SDNY_GM_00219241 EFTA01376704