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a Non-defaulting Party (but excluding any period in respect of which clause (I) above applies), the Non-default Rate: and (4) in all other cases, the Termination Rate. "Applicable Deferral Rate" means:— (a) for the purpose of Section 9(h)(i)(3)(A), the rate certified by the relevant payer to be a rate offered to
in accordance with any applicable securities laws of any state of the United States of America. (B) it is a "Institutional Account" as defined by FINRA Rule 2111 , or an "accredited investor" as defined under the Securities Act; and (C) unless otherwise expressly provided in a Confirmation for a Transaction
a Non-defaulting Party (but excluding any period in respect of which clause (I) above applies), the Non-default Rate; and (4) in all other cases, the Termination Rate. "Applicable Deferral Race" means:— (a) for the purpose of Section 9(h)(i)(3XA), the rate certified by the relevant payer to be a rate offered to t
in accordance with any applicable securities laws of any state of the United States of America. (13) it is a "Institutional Account" as defined by FINRA Rule 2111 , or an "accredited investor" as defined under the Securities Act; and (C) unless otherwise expressly provided in a Confirmation for a Transaction
a Non-defaulting Party (but excluding any period in respect of which clause (I) above applies), the Non-default Rate; and (4) in all other cases, the Termination Rate. "Applicable Deferral Rate" means:— (a) for the purpose of Section 9(h)(0(3)(A), the rate certified by the relevant payer to be a rate offered to t
in accordance with any applicable securities laws of any state of the United States of America. (B) it is a "Institutional Account" as defined by FINRA Rule 2111 , or an "accredited investor" as defined under the Securities Act; and (C) unless otherwise expressly provided in a Confirmation for a Transaction
Entities connected to both the Termination Rate and FINRA Rule 2111
Non-Reliance
ORGANIZATION
United States
LOCATION
Amsterdam
LOCATION
Tokyo
LOCATIONParty A under
ORGANIZATIONthe Credit Support Provider of Party
ORGANIZATION
New Zealand
LOCATION
Frankfurt
LOCATIONDesignated Fiduciary
ORGANIZATIONThe "Cross
ORGANIZATION
Commodity Futures Trading Commission
ORGANIZATIONDarren Indyke
PERSONParty A's
ORGANIZATION
Auckland
LOCATIONDesignated Evaluation Agents
ORGANIZATIONMultibranch Party
ORGANIZATION
Jeffrey Epstein
PERSON
Toronto
LOCATIONthe State of New York
LOCATIONDF Schedules 3 and
ORGANIZATION