EFTA01459873.pdf

7- Representations Party B, if it is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust. or foreign estate, represents that is a foreign person !or purposes of US Treasury regulations relating to information reporting and backup withholding. Each party will be deemed to represent to the other party on the dale on which It enters Into this Transaction that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary for this Transaction): (i) Non-Reliance It is acting for its own account, and it has made Its own Independent decisions to enter into this Transaction and as to whether this Transaction Is appropriate or proper for it based upon its own Judgement end upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) 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 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 assurance or guarantee as to the expected results of this Transaction. (i) Assessment and Understanding. It is capable of assessing the merits of arid understanding (on Its own behalf or through independent professional advice), and understands and accepts, the terms. conditions and risks of this Transaction It Is also capable of assuming, and assumes, the risks of this Transaction. (iii) Status of Parties. The other party Is not acting as a fiduciary for, or an adviser to it in respect of this Transaction. 3 CONFIDENTIAL — PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0120621 CONFIDENTIAL SDNY GM_00266805 EFTA01459873