EFTA01456396.pdf

not be considered investment advice or a recommendation to enter into this Transaction. No communication (written or oral) received from the other party shall be deemed to be an asguance or guarantee as to the expixte:IresvIts of this Transaction. (ii) Assessment and Understanding. It is capable of assessing the merits of and understanding (on its oval behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of this Transaction. It is also capable of asgming, and alunes. the risks of this Transaction. Status of Parties. The other party is not acting as a fiduciary• for, or an adviser to it in respect of this Transaction. Party B represents to Party A on the date on which it enters into this Transaction that: (iv) This Transaction will comply in all respects with all applicable laws, riles, regulations, interpretations, guidelines, procedures, and policies of applicable governmental and regulatory authorities affecting Party B and the performance of its obligations hereunder. DBCMWSV2 index swap1St Deutsche Bank AG is regulated by the FSA for the conduct of designated investmert business in the UK, a member of The London Stock Exchange and is a limited liability company incorporated in the Federal Republic of Germany HRB No. 30000 District Court of Frankfurt am Main: Branch Registration No. in England and Wales BR00000.5. Registered address: Winchester House. 1 Great Wnchester Street London EC2N 2DB. Time of transaction will be supplied on request. CONFIDENTIAL — PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0115568 CONFIDENTIAL SDNY_GM_00261752 EFTA01456396