EFTA Document EFTA01356949

applicable), shall have the equivalent meaning under relevant Applicable Law. 3. CLASSIFICATION AND AUTHORISATION 3.1 WHERE REQUIRED BY APPLICABLE LAW, DB HAS CATEGORISED CLIENT AS A PROFESSIONAL CLIENT OR ELIGIBLE COUNTERPARTY UNDER APPLICABLE LAW FOR THE PURPOSES OF THE PROVISION OF SERVICES PROVIDED UNDER THESE TOBS. DB has informed Client of its categorisation separately. 3.2 MiFID requires that clients be classified as either - retail client", -professional client" (whether that is a -per se professional client", or, where the client elects to be treated as a professional client, an "elective professional client" ) or "eligible counterparty". 3.3 Where Client has been classified pursuant to requirements under Applicable Law, Client is responsible for notifying DB immediately if, at any point in time, Client considers that it does not meet the criteria to be categorised as a professional client (whether a per se professional client or an elective professional client) or an eligible counterparty, as appropriate. If a change of categorisation is required, Client consents to DB taking such action as it considers necessary in relation to such change, which may mean that DB cannot continue to provide Client with services pursuant to these Terms of Business. 3.4 In relation to business where Client is treated an eligible counterparty, clause 12 (Order Execution Policy), clause 13 (Order Handling), clauses 17.6, and 17.7 will not appl) to Client. 3.5 DBAG is authorised under German Banking Law (competent authority: ECB (contact address: Sonnemannstrasse 22, 60314 Frankfurt am Main) and the BaFin (contact address: Marie-Curie-Str. 24-28, 60439 Frankfurt am Main)) and, in the United Kingdom, by the PRA (contact address: 20 Moorgate, London, EC2R 6DA). It is subject to supervision by the ECB and by BaFin and is subject to limited regulation in the United Kingdom by the FCA (contact address: 25 The North Colonnade, Canary Wharf, London El4 5HS) and the PRA. Details about the extent of its authorisation and regulation by the PRA and regulation by the FCA are available upon request or from Imps:Huy:v. db.coi.n/djitlpsures, DBAG is a stock corporation incorporated in the Federal Republic of Germany. 3.6 DB will deal with Client on the basis that: (a) Client has the necessary experience, knowledge and expertise required to make its own investment decisions and properly assess the risks involved in any transaction it undertakes with DB or that DB undertakes on Client's behalf; and (b) (where Client is a per se professional client) Client is able financially to bear any related investment risks consistent with Client's investment objectives. 4. MONEY LAUNDERING LEGISLATION 4.1 To comply with legal and regulatory requirements, DB may require reasonable verification of Client's, or Client's employees', officers' or associates'. identity, which Client agrees to provide. DB may also request or obtain additional information including in relation to the ownership structure, (including the identity of the Client's beneficial owners) credit standing and business conduct of Client and Connected Persons of Client. 4123 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL DB-SDNY-0043188 SDNY_GM_00 189372 EFTA01356949