EFTA01477615.pdf

EFTA01477615 EFTA01477616 EFTA01477617 lUT ^DDaD^^ UDU Ui. J D \013 ifHUl'lJ DiUTOt-tli!i DMHR MO A'HOrr UU1 4 Deutsche Bank AG, London Branch 6 July, 2015 Deutsche Bank AG. London Branch FX Options Operations Winchester House 1, Great Winchester Street London. EC2N 2DB Swilt: Direct Line; *AA Direct Fax: +44 Dear Sir/Madam, Subject Deutsche Bank outstanding confirmation - (First Chaser) The following confirmation(s) remain outstanding in our system. Please ensure this matter receives your prompt attention and return the signed confirmations at the earliest opportunity, Kindly ignore confirmation(s) that you may have already confirmed. Regards FX Option Confirmations Deutsch Email: Deutsche Bank AG is authorised under German Etanking Lawtcmipeient authorily. BaFin - Federal Financial Supervising Authcxi(y) and regulated by the Financial Services Authority for the conduct of UK business: a member the London Stock Exchange. Deutsche Bank AG is a joint stock corporation with limited liability incorporated in the Federal Republic of Germany HRB No 30 000 District Court of Frankfurt am Main. Branch Registration in England and Wales BRO00005: Registered address; Winchester House. 1 Great Winchester Street. London EC2N 2DB. (10107) Errorl Unknown document property name.Deutsche Bank Group online http./- rWww.deulsche-bank.ccm UJJUXI3 IQM £i&T j;rtUi*i: uilulisunji dhwr m\s Jr'HLrll. Deutsche Bank AG, London Branch 6 July. 2015 Currency Option Transaction OurreF: 1037255503-2 PRIVATE CLIENT SERVICES PWM ALEX BROWN AC SOUTHERN FINANCIAL LLC 1 SOUTH STREET EFTA01477618 BALTIMORE 21202,MARYLAND,UNITED STATES Deutsche Bank AG, London Branch PX Oplrcns Operations Winchester House 1, Great Winchester Street London EC2H 2DB t-1 Telex. Swift Direct me. + Direct Fax- +44 Dear Sirs, Amended Confirmation Replaces our Previous Reference The purpose of this letter agreement is to confirm the terms and conditions of the Currency Option entered into between us Deutsche Bank AG. London Branch fParty A") and PRIVATE CLIENT SERVICES PWM ALEX BROVIN AC SOUTHERN FINANCIAL LLC C'Party B") on the Trade Date referred to below (the Transaction"). The definitions and provisions contained in the 1998 FX and Currency Option Definitions (the °FX Definitions") as published by the International S^ps and Derivatives Association, Inc., the Emerging Markets Traders Association and The Foreign Exchange Committee, are incorporated into this Confirmation. In the event of any inconsistency between the FX Definitions and this Confirmation, this Confirmation voll prevail. If you and we are parties to either an ISDA Interest Rate and Currency Exchange Agreement (for which purposes this Transaction shall constitute a "Swap Transaction") or an ISDA Master Agreement (in each case an "Agreement") then this Confirmation supplements, forms part of and is subject to such AgreemenL If you and we are not yet parties to an Agreement then this Confirmation evidences a complete and binding agreement between Party A and Party B as to the terms of the Transaction to which this Confirmation relates. In addition Party A and Party B agree to use all reasonable efforts promptly to negotiate, execute and deliver an agreement in the form of the ISDA MaSer Agreement (Multicurrency - Cross Border) (the. "ISDA Form") with such modifications as you and we will in good faith agree. Upon aecutton by Party A and Party B of such an agreement, this Confirmation W411 supplement, form part of, and be subject to that agreement All provisions contained or incorporated by reference in that agreement upon its execution will govern this Confirmation. Until we execute and deliver that agreement, this Confirmation, together with all other documents referring to the ISDA Form (each a "Confirmation") confirming transactions (each a Transaction") entered into between us (notwithstanding anything to the contrary in a Confirmation) shall supplement, form a part of, and be subject to an agreement in the form of the ISDA Form as if we had executed an agreement on the Trade Date of the first such Transactbn between us and such form with EFTA01477619 the schedule Biereto (i) specifying only that (a) the governing law is English law and (b) the Termination Currency is U.S. Dollars, (ii) incorporating the addition to the definition of the "Indemnifiable Tax" contained in (page 48 of) the ISDA 'Users Guide to the 1992 ISDA Master Agreemenb" and (iii) incorporating any other modifications to the iSDA Form specified below. The terms of the Transaction to which this Confirmation relates are as follows: Deutsche Bank AG is authorised under German Bankini Law (competent authority BaFin ■ Federai Financial Supervising Authority]. Deutsche Bank AG London Branch is further authorised by the Prudential Regulation Authority and is subject to limited ragubtion by the Financial Conduct Authority and Prudential Regulation Authority for the conduct of UK business. Deutsche Bank AG is a joint stock corporation with limited iHbility incorporated in the Federal Republic of Germany HRB No. 30 000 District Court of Frankfurt am Main; Branch Registration In England and Wales BRO00005; Registered address: Winchester House, 1 Great Winchester Street, London EC2N 2DB. (10107) Page 2 of 4 J.U! HDnoam U3UU1ID lOtD Jiax JJKUI'IT UiUr&LHJi DHIIR tUj i-HUfi. U00 1. General Terms: Trade Date: Buyer: Seller: Currency Option Style: Currency Option Type: Put Currency and Put Currency Amount Call Currency and Call Currency Amount: Expiration Date; Expiration Time: Settlement Date: Strike Price: Premium: Premium payable by: Premium Payment Date: Premium Payment Instructions: Independent Amount applicable to Party For the purposes of this transaction, USD 543,900.00 02 July 2015 Patty A Party B European USD Put/EUR Call USD 28,912,500 00 EUR 25,000,000 00 04 January 2016 10:00 hours (Local lime in New York) EFTA01477620 06 January 2016 USD 1.1535Q per EUR 1.00 USD 337.500 00 Party A 06 July 2015 To be advised B Representations: Each party represents to the other party as of the date that it enters into this Transaction that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary for this Transaction): Non-Reliance. It is acting for its own account, and rt has made its own independent decisions to enter into this Transaction and as to whether the Transaction is appropriate or proper for it based upon its own judgement and 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 Transactton, it being understood that information and explanations related to the terms and conditions of this Transaction shall not be considered to be investment advice or a recommendabon to enter into the 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. Assessment and Understanding. It is capable of assessing the merits of and understanding (on its owi behalf or through independent professional advice), and understands and accepts the terms and conditions and risks of this Transaction, it is also capable of assuming, and assumes, the risks of the Transaction. Status of Parties. The other party is not acting as a fiduciary for or adviser to it in respectof this Transaction. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for ttiat purpose and returning it to us or by sending to us a letter or facsimile substantially similar to th is letter, which letter or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to those terms. 2. (i) (iii) Confirmed as of the date first above written: PRIVATE CLIENT SERVICES FWM ALEX BROWN AC SOUTHERN FINANCIAL LLC Bv: Narriai Authorised Signatory ' By: EFTA01477621 Name: Authorised Signatory For an uer relating to this Confirmation, please contact us on 001 If you agree with the details of this confirmation, please sign and return to fax number 001 This is a computer generated confirmation and does not require a Deutsche Bank AG authorised signature. Deulaha Bank AG li lUthorUed under German Banking Law (competent authority- Batin - Federal Financial Supervising Authority). Deutsche Bank AG London Branch is further authorisad by the Prudeirtial Regulation Authority and is subject to limited regulation by the Financial Conduct Authority and Prudential Regulation Authority for the conduct of UK business. Deutsche Bank AG Is a joint stock corporation with limited liability incorporated in the Federal Republic of Germany HRB No. 30 000 District Court of Frankfurt am Main, Branch Registration in England and Wales BR00000S; Registered address: Winch ester House, 1 Great Winchester Street, London EC2N 3DB. 110107) Page 3 of 4 XU! /,5'10 1 130I/ 1*3DOO!!X U3OUXI3 ici/ x.ax xttui'ii LijLv'xaLnj!, mi'iiv hu FHIjX. uum f Deutsche Bank AG is authorised under German Banking Law (competent authority- BaFin - Federal Financial Supervising Authority], Deutsche Bank AG London Branch is Further authorised by the Prudential Regulation Authority and Is subject to limited regubtion by the Financial Conduct Authority and Prudential Regulation Authority for the conduct of UK business. Deutsche Bank AG is a joint stock corporation with limited liability incorporated in the Federal Republic of Germany HRB No. 30 000 DistrictCouit of Frankfurt am Main; Branch Registration in England and Wales BR00000S; Registered address: Winchester House, 1 Great Winchester Street, London EC2N 2DB. (10107) Page 4 of 4 EFTA01477622