EFTA Document EFTA01388232

ISDA has provided the 2006 Definitions to assist the smooth and efficient functioning of privately negotiated derivatives activity by providing a common set of terms for parties to use in preparing Confirmations. The precise documentation of each individual transaction remains, however, the responsibility of the parties concerned ISDA does not assume any responsibility for any use to which the 2006 Definitions may be put, including, without limitation, any use of the 2006 Definitions in connection with any privately negotiated derivative transaction. Each parry to a transaction evidenced by a Confirmation or other document referring to or incorporating the 2006 Definitions must salt itself that the 2006 Definitions are appropriate for the transaction, have been properly used or adapted in that Confirmation or other document and that the Confirmation or other document has generally been properly drafted, in each case to reflect the commercial intentions of the parties. ISDA has not undertaken to review all applicable laws and regulations of any jurisdiction in which the 2006 Definitions may be used or any jurisdiction the currency of which may be the subject of a privately negotiated derivative transaction, and therefore parties arc advised to consider the application of any relevant jurisdiction's regulatory, tax, accounting, exchange or other requirements that may exist in connection with entering into and documenting such a transaction. VII CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0091682 CONFIDENTIAL SDNY GM_00237866 EFTA01388232