EFTA01356958.pdf

ANNEX FOR NON-EEA BUSINESS ilttp5:thfl“\ db.ann%cOIllpatIVICII III formation-on-salcs-and -t radiml- 1. This Annex to the Terms of Business (Annex) businesses.htm as may be updated applies to business with or on behalf of a Client from time to time. carried on by (a) DBAG from a Non-EEA Branch or (b) a Non-EEA Affiliate of DBAG that e) Non-EEA Client means a Client, is booked to an EEA Branch, (Non-EEA that is determined by DBAG to be Business)} (a) operating from a place of business outside of the EEA, or, if 2. The Terms of Business, as modified by this the UK is not in the EEA at the Annex, apply to: relevant time, EEA and UK or (b) a) Non-EEA Branches in respect of Non- dealing with DBAG from outside EEA Business carried on by those Non- the EEA, or, if the UK is not in the EEA Branches; and EEA at the relevant time, EEA and UK. b) An EEA Branch ofDBAG in respect of Non-EEA Business that is carried on by f) EEA Client means any Client which a Non-EEA Branch or a Non-EEA is not a Non-EEA Client. Affiliate of DBAG but booked to such g) UK means the United Kingdom of EEA Branch of DBAG (and business Great Britain and Northern Ireland. may be regarded as carried on by a Non- EEA Branch or a Non-EEA Affiliate of h) Where the Terms of Business are DBAG for these purposes even if it is modified by this Annex, references booked to an EEA Branch of DBAG). in the Terms of Business to "these Terms of Business" arc to the Terms 3. For the purposes of this Annex: of Business as modified by this a) EEA means European Economic Annex. Area. i) Unless otherwise defined, b) EEA Branch means a branch of capitalised terms used in this Annex DBAG in the EEA, or, if the UK is have the meaning set out in the not in the EEA at the relevant time, Terms of Business. EEA and UK 4. No clause of the Terms of Business, as c) Non-EEA Affiliate means an entity modified by this Annex, shall apply or be in the DB Group that is incorporated interpreted in a way which is inconsistent outside the EEA, or, if the UK is not with DBAG's obligations under Applicable in the EEA at the relevant time, EEA Law. and UK. Non-EEA Clients d) Non-EEA Branch means a branch 5. In respect of a Non-EEA Client, the Terms of of DBAG outside the EEA, or, if the Business am modified as follows in relation to UK is not in the EEA at the relevant Non-EEA Business: time, EEA and UK. Details of Non- EEA Branches are set out at the a) References to "DB" are to the following link: relevant Non-EEA Branch and also, This annex has been updated to reflect the possible position of the UK post-brexit as being a third country which applies EU law. 21123 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SONY-0043205 CONFIDENTIAL SDNY_GM_00189389 EFTA01356958