EFTA01390413.pdf

5. Purchase of Securities. 0851 requires that cash accounts contain sufficient funds to settle a transaction, but has the right to accept an order without sufficient funds with the understanding that Client will subrtit payment on or before settlement date for each security purchased. DBSI totals the right to Centel or liquidate any order accepted endroi executed without prior notice to Client, II OBS% does not receive payment by sonlement date. Altereeterely. upon Clint's failure to pay for purchased and seated securities, DBSI hes the right to sell Securities end Other Property bald In any of Clients Acoorand(s), and thereinto Client any lees resulting therefrom. 8. Selo of Securities, Client eaten that In a cosh eacourit (a) Client will not sell any Security batons It Is paid tor, (b) Client will own each security sold et the time of sale, (c).ureass such security Is already held In the Account Client Mil promptly deliver such security thereto on or before settlement date, Id) Client will prcimptly.make lull cesb payment of ony aninunt which mey become due in order m meelr.easeary requests for additional deposits and tel with respect to any Securities end Other Property sold, Client will satisfy any mark to the marker deficient**. Client must effect all Short Sales in a margin account and designate these sales as *short.' All other sales wilt be designated es 'Iong'end will be deemed to he owned by Client In the event.thilf 0051 enters an tinier to soil Securities and Other Property that Client represents Client owns, but which ere not held in the Account et the time of sale, end Cliem felt to make nelhtery by settlenism deed, 13951 hes tire right to ourehetio or borrow any Seeuthies and Other Property necessary to make the required delivery. Client amens to nompensate DBSI for any loss or cost. including interest. commission or fees sustained as a result of the foregoing. OSSI charges interest on unpaid balances in mansocounis from it. close et business on settlement date See the Annual Disclootro Statement at http•Ponsno.tswre.dbecrniainerleaslentannualcilsclosurestatement.html for additional information an interest Charger. 7. Restriction, on Trading. DBSI has the right to prohibit or restrict Clients ability to trade Securities and Other Property, or to substitute enotairies In Client's Account. 8. Restricted Saunter,. Client will not buy, soil or pledge any Restricted Securities withogt DBSte prior written approval. Prior to placing any order for Restricted Seourties subject to Rule 144 or 145 of the Securities Act of 1633. Client must Identify the status of the sawing, aid 'Moth 011Stwitthtile n000ssary dinutnoM5 (InSiliflie9 °Onions t ot lapel Colineti, if requested) to Obtain approval to transfer and register them) mondial. D8S1 will not be liable for any delays In the processing of those securities or for any losses caused by these delays. DBSI hoe the right to decline to accept en order for those securities until the transfer end romenetion of such aewritlei hes even approved. 9. Order Placement end ConothatiorilModificatiori Requests. Mon Client verbally pieces a trod, well a Client Advisor, Client will be bound to the oral confirmation repeated back to Client. unless Client objects at the time at the order. Client understands that request to ceneriUmodife an order that 0851 accepts ate on a beer efforts bast only. 10. Aggregation cif Orders arid Average Prices. Clint authorizes 0051 to egg:opine elders for Cried; Accounds) with Other orders. Client recognizes that In so doing, Client may recorvu an average price ter ordeis Chet may differ from the pricels) Client may have received hod the orders flat been.eggrogeted. Client understands that this mimics may also result in orders boing only partially completed. 11. Transmission of Metructions. Clint understands end accepts responsibility for the transmission of Instructions to DB51 end will boar the risk of loss wising from the method of transmission used In tin event et tronsmienco sups, misunderstandings. Impersonations, transmission by unauthorized persons. forgery nr Intercepts. Except in the toss ol gross negligence, Client agrees to release and Indemnify OBSI, Its affiliates, employees end directors from any and all liability arising from the execution of trunsoother based on such Instruotions. 12. Role of Conant -ftsfrd Potties. ons1engrges a thInfmatty leering agent. Pershing. Client understands that Pershing Is the custodian of Client's insets, clears and settles en trensections. end extends credit on any margin purchases. where applicable. Client further understands mat ?waning may accept from WWI, without Inquiry or investigation: (II orders for the purchase or sale of Securities end Other Rroperty on margin or.otherwiet and III) any other Instructions concerning Acctxrder. Clieht hitter undetstands that the contract betWeen DBSI and Pershing, end the services rendered thereunder, are nor iotended to create a joint venture pennerahlp or other form of business organization of any kind. Pershihg shell not be ntaponeitee or liable to Client for any sots or omissions of DBSI or its employees. Pershing goes not provide investment ecivi4e, nor offer any opinion on the sueebtery of coy transaction or order. D85115 cwt acting as the agent of Pershing. Client cannot hold Pershing, IN affiliates end its Officers, directors and agents liable for any trading losses that Client Mows 13. Liens. Client hereby grants to DBSI and tte Affiliates a decurIty interest In and lien upon ell Securities aad Other Property in the possession Or control of DBSI, any of its Migrates or Farthing, in which Orem hes on minter peed individually. iolMly or otherwise) (Collectively all such Securities end Other Property era referred to herein as "Celleteret) in order to secure any and all Incitneonses or any other obligation of Clint to D851 and its Anthems or Pershing (coilectivery. all such obbgations are referred to herein as the 'Obligations'). Clients who are joint accountholders (Joint Accountholdere) acknowledge end agree that pursuant to the lien to magi end Affiliates, the Collateral shall Include &murales and Other Property hold In the Account or any other account held by either Joint Accountholder with 0851or its Affiliates or Paining (Whether Indtvitlually, jointloi dtherMse) end linen secure any and all Obligations of each Joint Accountholder tr. NS) end its Affiliates or Pershing. With respect to the lien granted to CiSSreect its Affiliates. Ca (or Pershing, at ErtiSte Instruction) may. et any time and without prior notice, sett transfix, release, exchange, settle of othoiwise dimes, di or deal Wm any or se such Collateral In order to satisfy any Obilgetions. In enforcing this non. OBSI thee have the discretion to determine what and how much Collateral to apply far the purposes of the foregoing. rtiotwithetaluling the foregoing, nothing herein shall baufeemod to grant en Interest In any Account or easels that wonld give rise fel prohibited transaction under Sootier' 4975(0(11 (mot the Internet Revenue Code of 1998, as emended/or Section 406141(11(8) of Ins Employee Retirement Income Security Act of 1974, ars emended. Sootiness end Omer Prepare., held in Client's retirement eocOtintlet maintained by OBSI. Which may includielRAs or qualified plans. ete not subject teem lien end such Securities and Other Property may only be used to satisfy Client's indentodriess or ether obligations related to Client's retirement account(s). isouNsione 2 ersileuie613 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094916 CONFIDENTIAL SDNY_GM_00241100 EFTA01390413