EFTA01376707.pdf

LEO in convection with the investigation or defense of any actual or threatened proceeding, inquiry or investigation by any such organization or authority, or (b) in conneetioriwith any actual or threatened proceeding or arbitration to which at least both arait and.DB arc pattiestr are joined. 1;3 Client consents to the disclosure. of Confidential information and other information to third parties to the extent required by this CEA, the CFTC Regulations or other appliCable regulation or legal process, including bin not limited to disclosures of real-time and swap data reporting information to a swap data repository and large trader reporting information to the CFTC. Client acknowledges that such disclosures could result in information becoming available to the public. 11.4 Client agrees that any infotmation provided to DB from time to time that is generally available publicly at the time such information is provided, or that later becomes generally Available publicly (other than as a result of a breach of any express agreement between you and us or applicable law. by us), isnot considered Confidential Information even if marked confidential. I Client consents to and agree that, with respect to any information provided by Client to DB from time to time (including, without limitation, Confidential Information), DB it. authoriied to disclose. such information to its affiliates and its and their respective agents, advisors, arid third- party service provider's in connection with: (a) the provision by DB or its affiliates of any products or services to Client; (b) the performance of obligations or exereise of rights under such products or servkes bY Clientor 6y DB or its affiliates; (c) complying with 1)0's or its affiliates' internal legal, compliance, accounting or risk .managementpolicies: or (d) hedging tir.rnitigniing any exposure treated by a swap (including anticipatory hedging). 12. REGULATORY REPORTING. 12.1 Client agrees that DB shall be the Reporting Countcrpany in respect of eli swaps entered into pursuant to this Addendum. 12.2 Client agrfts that, in respect of any International Swap entered into pursuant tothis Addendum, if Client is for any reason determined. to be the reporting counterparty for such International.Snap under:applicable local law or regulation in anon-US jurisdiction, Client will notify DB as soon as practicable o£ (a) the identity of each non-US-trade repository not.registered wititthe CFTC10 which Client has reported such international Swap, and (b) the swap identifier used by such non-US trade repository to identify Mel International Swap. 12.3 Client agrees that, upon the occurrenceof Any Life Cycle Event relating to a corpOrate event whit respect to Client or any of Client's affiliates in respect of a swap entered into with DB covered by this Addendum, Client.will, as seen as practicable, but hi no event later than the close'ofbusiness on the first New York business day following the day on which such Life Cycle Event occurs, notify DB of theoccurrence of such Life Cycle Event and provide in such notice sufficient detail regarding such Life Cycle Event to allow DR to comply with any regulatory reposing requirements imposed on it. PART /3 —PAGE CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0073061 CONFIDENTIAL SDNY_GM_00219245 EFTA01376707