EFTA01372688.pdf

Appendix 2 We have set out below examples of the types of agreements to which this Information Statement applies. These examples are for illustrative purposes only and should not be relied upon as a legal determination of the characterisation of each agreement. The fact that an agreement is grouped with Title Transfer Collateral Agreements below does not preclude its characterisation as a Security Collateral Arrangement with a right of use and vice versa. Moreover, the characterization of an agreement may be different under U.S. and European law. Title Transfer Collateral Arrangement Such arrangements may include without limitation: Overseas Securities Lender's Agreement Global Master Securities Lending Agreement — Global Master Repurchase Agreement — SIFMA Master Repurchase Agreement An ISDA Master Agreement incorporating an English Law ISDA Credit Support Annex An ISDA/FIA Client Cleared OTC Derivatives Addendum which provides for title transfer collateral arrangements and in particular where entered into in connection with an English law governed ISDA Master Agreement which includes the English law CSA Collateral Terms as set out in Appendix 1 thereto, or when entered into in connection with a relevant FIA client clearing agreement Master Gilt Edged Stock Lending Agreement Master Equity and Fixed Interest Stock Lending Agreement — Prime brokerage agreements which provide for title transfer collateral arrangements — FIA client clearing agreements for exchange traded and other cleared derivatives which provide for title transfer collateral arrangements FIA Clearing Module which provides for title transfer collateral arrangements — Any bespoke agreements granting security by way of transfer of title to the secured party Security Collateral Arrangement containing a right of use Such arrangements may include without limitation: An ISDA Master Agreement incorporating a New York Law ISDA Credit Support Annex An ISDA/FIA Client Cleared OTC Derivatives Addendum which provides for security collateral arrangements and in particular where entered into in connection a New York law govemed ISDA Master Agreement including the New York law CSA Collateral Terms as set out in Appendix 2 thereto, or when entered into in connection with a relevant FIA client clearing agreement An ISDA Master Agreement in respect of which an English Law ISDA Credit Support Deed incorporating a right of use is a credit support document Prime brokerage agreements which provide for the creation of security over financial instruments FIA client clearing agreements for exchange traded and other cleared derivatives which provide for a creation of security over financial instruments FIA Clearing Module which provides for a creation of security over financial instruments Security arrangements in relation to margin loan documentation and associated custody agreements Copyright C 2016 by the International Swaps and Derivatives Association. Inc., the Association for Financial Markets in Europe. the Futures Industry Association. Inc. die International Capital Market Association, the International Securities Lending_Associabon and SIFMA Neither the International Swaps and Derivatives Association. Inc., the Aiwinriation for Financial Markets in-Europe. the Futures Industry Association, Inc., the International Capital Market Association and the International Secisities Lending Association nor SIFMA., has reviewed or endorsed any modifications that may have been made to this document. CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0066511 CONFIDENTIAL SDNY_GM_00212695 EFTA01372688