EFTA01390653.pdf

Party B: Same as provided in Notices section of the Agreement (k) Addressesfor Transfers Party A: To be notified from time to time Puny B: To be notified from time to time (I) Other Provisions. (i) The following definitions are hereby inserted into Paragraph 12 in the appropriate alphabetical order: (A) "Aggregate Ceiling Limit" means USD 40,000,000. (B) "Aggregate Net Open Position" means, at any time, the sum of(i) the Tier I Net Open Position, (ii) the Tier II Net Open Position (iii) the Tier III Net Open Position and (iv) the Tier IV Net Open Position. (C) "Base Currency" means U.S. Dollars. (D) "Derivatives Transaction" means any Transaction other than a Foreign Exchange Transaction. (E) "Tier III Ceiling Limit' means USD 20,000,000. (F) "Tier III Close-Out Ratio" means a number expressed as a percentage representing the quotient of (A) the portion of the Net Collateral Value attributable to all FX Transactions and Currency Option Transactions involving Tier III Currencies but not involving Tier IV Currencies, divided by (B) the Tier III Net Open Position, such number being determined and notified by Party A to Party B from time to time, and initially being eight percent (8%). (G) "Tier III Independent Amount Ratio" means a number expressed as a percentage representing the minimum proportion of (1) the Net Collateral Value attributable to all FX Transactions and Currency Option Transactions involving Tier ❑I Currencies but not involving Tier IV Currencies to (2) the Tier 111 Net Open Position, which Party B must maintain in respect of outstanding FX Transactions and Currency Option Transactions involving Tier III Currencies but not involving Tier IV Currencies, such number being determined and notified by Party A to Party B from time to time, and initially being fifteen percent (15%). (H) "Tier III Net Open Position" means, at any given time, the amount obtained by calculating the Net Open Position as it applies to all FX Transactions and Currency Option Transactions involving Tier III Currencies but not involving Tier IV Currencies. (I) "Tier II Ceiling Limit' means USD 40,000,000. (J) "Tier II Close-Out Ratio" means a number expressed as a percentage representing the quotient of (A) the portion of the Net Collateral Value attributable to all FX Transactions and Currency Option Transactions involving Tier II Currencies but not involving Tier III Currencies or Tier IV Currencies, divided by (B) the Tier II Net 16 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0095213 CONFIDENTIAL SDNY_GM_00241397 EFTA01390653