EFTA01390347.pdf

5. Purchase of Securities. DBSI requires that cash accounts contain sufficient funds to settle a transaction, but has the right to accept an order without sufficient funds with the understanding that Client will submit payment on or before sentiment date for each security purchased. D951 retains right to cancel or liquidate any order accepted and/or executed without prior notice to Client. If DBSI does not receive payment by settlemeat tire. Alternatively, upon Client's failure to pay for purchased and settled securities, DBSI has the right to sell Securities and Other Prqperty held•in any of Client's Account(s), and charge to Client any loss resulting therefrom. 8. Sale of Securities. Client agrees that in a cash account: (a) Client will not sell any Seturiry benne it is paid for, (b) Client will own each security sold at me time of sale, (c) unless such security S already held in the Account, Client will promptly deliver such security thereto on or before settlement dale, (d) Client will promptly make full cash payment of any amount which may become due is order to must necessary recpeers for atIclittinal deposits and (a) with respect to any Securities and Other Property Solo, Client wil satisfy any mark to lbe market deficiencies. Client mum affect all Short Sales in a margin account and designate these sales as ashore All other sales will be designated es 'king' and will be deemed to be owned by Client In the event that OBStenters an order to still Securities and Other Property Met Client represents Client owns, but which are not held in the Account at the ume of sale, and Client fails to make delivery by settlement date:0851MA the right to purchase or borrow any Securities andOther Property necessary to make the required delivery. Client agrees to compensate D851 for any loss or cost, including interest, commission or fees sustained as a reePlt ot the foregoing. 0651 charges interest im tweak/ balances in cash accounts from the close of business on settlement date. See the Annual Disclosure Statement, at http://wenv.pwm.db.eoudarnericasierbraenualoisclosurestatementhtml for additional information on interest charges. 7. Restrictions on Trading. 0651has the right to prohibit or restrict Client's ability to trade Securities ano Other Property, or to substitute securitiesin Client's Account. 8. Reitricted Securities. Cliaotwill not buy, sell or pledge any Restricted Securities without DBSI's prior written approval. Prior to placing any order for RestrictedSecunties subject to Rute 144 or 145 of the Securities Act of 1953, Client must identify the status of the securities and furnish 0851 with the necessary documents (including opinions of legal counsel, if requested) to obtain apron, to transfer and moister these ascurities:DRSI•will not be liable for any, delays in the processing of there sects itiesor for any losses caueed•by these delays. Dint has the light to decline to accept an order for these securities until the transfer and registration of such securities has been approved. 9. Order Placement and Can RecideSts. When Chant verbally places a trnde witn o Client AdVisor, Client will be bound to the oral confirmation repented back to Client, orless Client objects at the time of the order. Client understands that requests to canceltrnodity, an order that DBSI accepts are on a best efforts basis only. 10. Aggregation of Orders and Average Prices. Client authorizes DBSI to aggregate orders for Client Account(s) with other orders. Client recognizes that in so doing, Client may receive err average price for orders that may differ front theprice(s) Client may havereceived had the orders not been aggregated. Client understands that this practice may also result in orders being only cranially completed. • 11. Transmission of Instructions. Client tinderatenba and accepts tesponsiblIty tOr the trarnmIssiOn of instructions to DOSI and will bear the risk of loss arising from the method of transmission used in the event of transmission Orion, misunderstandings, knpersooanons, transmission by unauthorised persons, forgery or intercepts. Except in aloe oats of gross negligence. Client agrees to fifteen and indemnify 0851. its affiliates, employees and directors froth any and all liability arising from the execution of transactions based on such instructions. 12. Role of Certain Third Parties. OBS! engages e third-party cleatieg agent Pershing. Client understands that Pershing is the custodian of Client's assets, clears and Betties ell transactions. end offends credit on any margin purchases, where applicable. Client further understands that Pershing may accept from 0651, without Inquiry or investigation: lit orders for the purchase or sale of Socnrities and Other Property on margin or otherwise, and (II) any other Instructions concerning Accountlsl. Client further uncerstands that the contract between DBSI and Pershing, and toe services rendered thereunder, are not intended to Metes joint venture, partnership or other form of business organization of any kind. Pershing shall not be responsible or liable to Client fer any acts or omissions of DI3S1 or its employees. Pershing does not provide investment advice, nor titter ony opinion on dee suitability of env transaction or order. DEIS1 is not acting as the agent of Pershing. Client cannot hold Pershing. irs affiliates and Its officers. directors and agents liable for any trading losses that Client Incurs. 13. Liens. Client hereby grants to DB61 and its Affiliates a SeetkitY interest in arid lien upon all Securities end Other Property in the possession or control of MI, any of ItsAffillites or Pershing, in which Client has art interest (hold individually. jointly or otherwisellceliectively all such Securities and Other Property are referred to herein as "Collateral') in order to secure any and all indehtodnesi or any other obligaton Or Client to DBSI and na Athletes or Pershing (collectively, all sucn obligations am referred to herein as the 'Obligations,. Clients who are joint accountholders (Joint Accountholders, acknowledge aed agree that pursuant to the lien to DBSI and Affiliates, the Collateral shall Include Securities and Other Property held n the Account or any other account held by either Joint Accountholder with DBSI or its Affiliates or Pershing (whether individually. jointly or otherwise) and shall secure any and all Obligations of each Joint Accorintholder to DBSI we ite Affiliates or Persludg. With respect fo the lien granted to DBSI and its Affiliates. DB5I (or Pershing, at DITSTs instruction) may, at any time and without prior notice, sell, transfer, release, exchange, settle of otherwise dispose of or deal with any nr all such Collateral in order to satisfy any Obligations. In enforcing this nen OBSIllialthave the discretion to dnwmino what and how much Collateral to apply for the purposes of thatoregoing. NOtwithstanding the foregoing, nothing herein shall be deemed to grant an interestiln any Account or assets that would give rise to a prohiolted transaction underSection 49751c1(1) IB) of the Internal Revenue Code of 1986. as emended. pr Section 496(a)18(6) of the Employee Retirement Income Security Act of 1974, as amended. Securities and OtherProperty held in Client's retirement accounts) maintained by DOSI, which may include IRAs or qualified piens. are not subject to this lien and such Securities and Other Property may only be useri to satiety Client's Indebtedners or other ottligatiuns related to Client's settlement accountls). 13-AWM-O716 01214)5032013 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094826 CONFIDENTIAL SDNY_GM_00241010 EFTA01390347