EFTA01356950.pdf

OTC derivatives ("Position Limits"). regulations in any relevant Client agrees to notify DB when it jurisdiction. suspects or becomes aware that any Position Limit would be exceeded if DB 7.2 Client undertakes and warrants to DB were to execute an order for Client. that, unless and until Client notifies DB Client acknowledges that DB may be to the contrary in writing, Client will in required by the operator of a Trading its dealings with DB be acting as Venue which trades commodity principal and will not be acting as agent derivatives to terminate or reduce a for any other person or entity. position, on a temporary or permanent 7.3 If Client notifies DB that it will be acting basis or to provide liquidity back into the as agent for any other person or entity, market at an agreed price and volume on DB may require: (i) reasonable a temporary basis. verification of the identity of Client's principal; (ii) confirmation that Client is 7. CAPACITY OF CLIENT authorised to act as agent for the 7.1 Client undertakes and warrants to DB principal; (iii) information on the that: beneficial owners of the Client's principal; (iv) the LEI Code of each (a) it has full power, authority and legal principal; and (v) such other information capacity to agree to these Terms of as DB may require; which Client agrees Business and to perform all to provide. DB may in its sole discretion obligations contemplated by them; refuse to act for Client if acting as an agent. (b) it has and will maintain for the duration of these Terms of Business 7.4 Where Client is acting as agent for a all necessary governmental, principal and DB has agreed to deal with regulatory and other consents, or for Client in such capacity, Client licences, approvals, authorisations undertakes and warrants to DB that: and/or LEI Codes required in connection with the transactions and (a) Client's principal has full power, activities contemplated by these authority and legal capacity to agree Tenns of Business; to these Terms of Business and to perform all obligations (c) it is not a public sector body, local by contemplated them; public authority, municipality or a private individual investor or if it is, (b) Client's principal has and will it has elected and is capable ofbeing maintain for the duration of these treated as an elective professional Terms of Business all necessary client in accordance with Applicable governmental, regulatory and other Law in Client's jurisdiction and consents, licences, approvals, Client will notify DB immediately authorisations and/or LEI Codes ofany changes to its status that mean required in connection with the it is no longer capable of being transactions and activities treated as such; and contemplated by these Terms of Business; and (d) when performing the transactions and activities contemplated by these (e) when performing the transactions Terms of Business, it will comply and activities contemplated by these with all relevant laws and Terms of Business, Client's principal will comply with all 6173 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0043190 CONFIDENTIAL SDNY_GM_00189374 EFTA01356950