📄 Extracted Text (921 words)
TOt 91034195/8698746 LIBMayle HMO EST FROM: DEUTSCHE BANK AG PACE 003
"Unscheduled Holiday' shall mean for the purposes of this Transaction, that a day is not a Business Day and the market was not
aware of such fact (by means of a public announcement or by reference to other publicly available information) until a time later
than 9.03 am local time in the Principal Financial Centre of the Reference Currency two Business Days prior to the Scheduled
Valuation Date.
Deferral Period for Unscheduled Holiday; In the event the Scheduled Valuation Date becomes subject to the Following Business
Day Convention after the occurrence of an Unscheduled Hobday, and if the Valuation Date has not occurred on or Sore the
Mth consecutive day after the Scheduled Valuation Date (any such period being a 'Deferral Period), then the next day after the
Deferral Period that would have been a Business Day but for the Unscheduled Holiday. shall be deemed to be the Valuation
Date.
'Valuation Postponemenr for Price Source Disruption, means, for purposes of obtaining a Settlement Rate, that the Spot Rate
will be determined on the Business Day first succeeding the day on %faith the Price Source Disruption ceases to exist, unless
the Price Source Disruption continues to exists (measured from the date, that, but for the occurrence of the Price Source
Disruptor,. would have been the Valuation Date) for a consecutive number of calendar days equal to the Maximum Days of
Postponement. In such event the Spot Rate will be determined on the next Business day after the Maximum Days of
Postponement in accordance with the next applicable Disruption Fallback
Notwithstanding anything herein to the contrary, in no event shall the total number et consecutive calendar days during which
either (i) valuation is deferred due to an Unscheduled Holiday, or (ii) a Valuation Postponement shal occur (or any combination
of (i) and (i)). exceed 30 consecutive calendar days in the aggregate Accordingly, (x) it, upon the lapse of any such 30 day
period, an Unscheduled Holiday shall have occurred or be continuing on the day followng such period, then such day shall be
deemed to be a Valuation Date. and (y) if. upon the lapse of any such 30 day period, a Price Source Disruption shall have
occurred or be continuing on the day following such period, then Valuation Postponement shot not apply and the Spot Rate shall
be determined in accordance with the next Disruption Fallback.
Maximum Days of Postponement : Thirty (30) calendar days
Business Days applicable to the Valuation Date Buenos Aires and New York
Business Days applicable to the Settlement Date New York
3. Calculation Agent Party A
4. Representations:
Each party represents to the other party as of the date that it enters into this Transaction that (absent a wean agreement between
the panes that expressly imposes affirmative obligations to the contrary for this Transaction).
() Non-Reliance. It is acting for its own account and it has made its own independent decisions to enter intothis Transacton
and as to whether the Transaction is appropriate or proper for it based upon its own judgement and upon advice from such advisers
as it has deemed necessary. It is not relying on any communication (written or ora) of the other party as investment advice or as a
recommendation to enter into this Transaction, it being understood that information and explanations related to the terms and
conditions of this Transaction shall not be considered to be investment advice or a recomrnendabon to enter into the Transaction.
No communication (written or ora) received from the other party shall be deemed to be an assurance or guarantee as to the
expected results of this Transaction.
Assessment and Understanding. It is capable of assessing the meritsd and understanding (on itsown behalf or through
independent professional advice), and understands and accepts the terms and conditions and risks of this Transaction. It is also
capable of assuming and assumes, the risks of the Transaction
Im) Status of Parties. The other party is not acting as a fduciary fa or adviser to it in respect of this Transaction,
This Confirmation supersedes and replaces any other =cermet= (intruding a SWIFT MT300 or phone confirmation), if any, sent in
connection with this Transaction on or prior to he date hereof.
Deutsche Bank Disclosure:
Party A has addressed a disclosure statement and terms to customers of its foreign exchange business, which is available at the
following website: htlinftwww.db corWenrcontent/Foreign-Exchange-Disclosureshtrn
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CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0090727
CONFIDENTIAL SDNY GM_00236911
EFTA01387667
ℹ️ Document Details
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29b111f7a05bd3d29af4b81aa51ad111b2234fc9da4f4f7ae7a5fc47be9d7cc6
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EFTA01387667
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document
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1
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