EFTA01583242.pdf

).P. Morgan Derivatives Account Application and Agreement: J.P. Morgan Swaps and Other Contracts A. Agreement 1. the client acknowledges and agrees that in order to enter into swaps (without regard to underlier), equity index derivatives, commodity derivatives, and foreign exchange transactions (other than forward and spot transactions) (collectively, 'Derivatives"), an account (*Derivatives Account') will be opened and linked to the client's existing brokerage account. The Dodd-Frank Wall Street Reform and Consumer Protection Act (the -Dodd-Frank Act") requires certain Derivatives to be cleared. The Derivatives Account will be governed by (a) to the extent that the client enters Into cleared Derivatives, the 30t4 August 2012 Blateral DF Agreement, the F1A- ISDA Cleared Derivatives Execution Agreement, the Client Agreement, the Cleared Derivatives Transaction Addendum, and any applicable schedules (the foregoing agreements shall be referred to collectively as the 'Cleared Trades Agreement'), and (b) to the extent that the client enters into uncleared Derivatives, the 3PM August 2012 Bilateral OF Agreement and agreements promulgated by tne International Swaps and Derivatives Association, Inc., as supplemented, modified and amended by the applicable Derivatives counterpart from time to time (the foregoing agreements, related supplements, modifications and amendments plus the 3PM August 2012 Bilateral DF Agreement shall oe referred to conectively as the "ISDA Documentatton'). in the event of a conflict between tne provisions of this Agreement and the provisions of the Cleared Derivatives Execution Agreement or the ISDA Documentation (as applicable), the provisions of the Cleared Derivatives Execution Agreement or the ISDA Documentation shall prevail. The client's Derivatives Account will be for the purposes of (Check one): el Speculation ❑ Hedging 2. The client acknowledges and agrees that collateral ("Margin") must be posted in connection with Derivatives transactions in accordance with CPR provisions of the Cleared Derivatives Agreement or ISDA Documentation, as applicable, as well as the policies of JPMorgan Chase & Co. affiliates (collectively, '3.P. Morgan) end the rules, regulations, customs and usages of any exchange, market, or derivatives clearing organization ('DCO") where a Derivatives transaction is cleared. In the event that the client establishes a facility for the purpose of borrowing to provide margin, such facility will be rsovemed by agreements other than the Cleared Derivatives Agreement or the ISDA documentation. In calculating Margin required for cleared Derivatives transactions, such transactions will be netted es broadly and as frequently as allowed by the applicable DCO. Such netting will apply to trade and position reporting as well as to Margin calculations. 3. J.P. Morgan securities tic (JPMS) is appointed as the client's agent, with full power and authority to utilize any manual or electronic execution, affirmation, confirmation, or delivery system for Derivatives In common use In the relevant market or markets for any particular Derivative that JPMS determines to be appropriate under the circumstances in its sole discretion. Without limiting tee foregoing: (a) 3PMS is appointed as the client's agent with full power and authority to take all necessary or desirable actions on the client's behalf to select utilize or terminate the use of any swap execution facility ("ser) In connection with executing transactions In Derivatives, Including but not limited to such actions as are permitted or contemplated by the Cleared Trades Agreement as well as the following: establishing accounts; executing agreements or other documentation; placing orders; giving instructions and directions; transmitting and receiving Inforrnation reiating to the client's transactions in Derivatives; and filing or causing to be filed such reports as are required by applicable law and regulation. (b) The client acknowledges and agrees that 3PMS may establish clearing accounts for the client at multiple DC0s. With respect to any cleared Derivative, the client has the awe tight to select the specific DCO at which Derivatives will be cleared, and with respect to any Derivative that is not required by law to be Cleared, the client has the right to elect to dear such Oenvative (If accepted for clearing) and to seiett the DCO at which the Derivative will be cleared. Please select either option (I) or (Ii) below gl I. The client directs 3PMS to use the following DCOs in connection with the client's transactions in Derivatives (only the OCOs listed below are currently available) (Check ace that apay):51 LCH.Cleamet El ICE Clear U.S LSI CME Group 0 II. The client elects not to select a DCO and authorizes NHS to select a DCO to clear each of the client's Derivatives transactions. )Pt4S is appointed as the client's agent with full power and authority to take ail necessary or desirable actions on the Client's behalf to select, utilize or terminate the use of any DCO In connection with clearing transactions In Derivatives, including but not emitted to such acts as are permitted or contemplated by the Cleared Trades Agreement as well as the following ads: establishing accounts; executing agreements or other documentation; delivering and receiving Margin; giving instructions and directions; transmitting and receiving information relating to the client's transactions in Derivatives; and filing or causing to be hied such reports as are teetered by applicable law and regulation. Whether (lie client selects the DCO or authorizes JPMS to select a DCO on the client's behalf, please Indicate how the DCO(s) should be used below. Page 1 of 6 Confidential Treatment Requested by JPMorgan Chase JPM-SDNY-00062879 EFTA01583242