other property to secure repayment of funds advanced and interest due in accordance with procedures
herein. The loan may be obtained by any one of the undersigned with the understanding that all of the undersigned will be liable, jointly and severally, for repayment of the loan and interest thereon. The loan may be obtained up to a credit limit
that Pershing will establish. The credit limit may fluctuate from time to time, based on the value of the collateral held in the brokerage or managed account(s) being used as collateral and Pershings current collateral requirements. In
addition, interest and fees assessed to the LoanAdvance account are considered an extension of the loan and are taken into account when determining the available credit limit.
9. Limitations of LoanAdvance
LoanAdvance
loans may be used for any lawful purpose other than to purchase, carry, or trade securities, to meet margin calls relating to securities purchases, or for reducing or retiring indebtedness incurred to purchase, carry, or trade securities. The client
is permitted frequent asset substitutions, provided that the equity and collateral remains at an acceptable level. Note: Mutual fund purchases and sales must be within the same family of funds in order to get immediate release on collateral.
NOTE: In addition, when the collateral and loan are held within the same brokerage account, only occasional collateral substitutions that occur on the
same day are permitted, and transactions cannot increase the clients loan balance.
10. Interest Rates
Your Base Rate, as defined in the interest rate disclosure, will change without prior notice. When your Base Rate changes during an interest period,
interest will be calculated according to the number of days each rate is in effect during that period. Regardless of the underlying Base Rate, interest charged in any credit extended in a LoanAdvance account may never exceed a rate equal to 3
percentage points above the Prime Rate as published in The Wall Street Journal.
11. Interest Period
The interest period begins on the 20th of each month and ends on the 19th of the following month. Accordingly, the interest charges for the period as
shown on the monthly or quarterly statement are based only on the daily net debit balances for the interest period.
12. Method of Interest
Computation
At the close of each interest period during which credit was extended in a LoanAdvance account, an interest charge is computed by
multiplying the average daily debit balance by the applicable schedule rate, and then by the number of days during which a debit balance was outstanding, and finally dividing by 360. If there has been a change in the Base Rate, separate computations
will be made with respect to each rate of charge for the appropriate number of days at each rate during the interest period. The interest charge for credit made to a LoanAdvance account at the close of the interest period is added to the opening
debit balance for the next interest period unless paid.
13. General Collateral Policies
The amount of credit that may be extended (the credit limit) by Pershing will be set from time to time. If the market value of securities in a brokerage
or managed account(s) being used as collateral declines, Pershing may require the deposit of additional collateral. The equity in a brokerage or managed account(s) being used as collateral is the current market value of securities and cash deposited
as security less the amount owed to Pershing for credit extended. For information with respect to general collateral maintenance policy as to stocks, municipal bonds, corporate bonds, listed U.S. Treasury notes and bonds, mutual funds, and other
securities, as well as information about the eligibility of particular securities for LoanAdvance purposes, the undersigned should contact the Introducing Firm.
Pershing reserves the right, at its discretion, to require the deposit of additional collateral and to set collateral requirements at a higher or lower
amount with respect to particular accounts or classes of accounts, as Pershing deems necessary. In making this determination, Pershing may take into account various factors including but not limited to
(i) issues as to the undersigneds securities such as, among others, the liquidity of a position and concentrations of securities in an account,
(ii) considerations as to the undersigneds status, including but not limited to a decline in creditworthiness, (iii) the size of the
account, (iv) the general condition of the market, (v) considerations as to the ability of Pershing to obtain financing, and (vi) regulatory interpretations or guidance. If the undersigned fails to meet a call for additional
collateral in a timely manner, some or all of the positions held by the undersigned may be liquidated.
14. Deposits of Collateral, Lien on
Accounts, and Liquidation
In the event that additional collateral is requested due to a downturn in the market and/or the decline in value of
your securities held as collateral, the undersigned may be required to deposit funds or acceptable securities into the brokerage or managed account(s) in order to restore the level of collateral to an acceptable level. If satisfactory collateral is
not promptly deposited after a request is made, Pershing may, at its discretion, liquidate securities held in any of the undersigned accounts. If securities are liquidated based on the need for additional collateral, the undersigned understands that
there may be tax implications associated with the liquidation, such as capital gains tax, depending on your cost basis in the collateral and other factors affecting your tax status.
15. Credit Investigation, Negative Credit Report
The undersigned authorizes Pershing to exchange credit information about the undersigned and the account with others. As required by law, the
undersigned is notified that any negative credit report that appears on his or her credit records may be submitted to a credit reporting agency if the undersigned fails to fulfill the terms of the credit obligations. Pershing may request a credit
report on the undersigned. Upon request by the undersigned, Pershing will state the name and address of the consumer reporting agency that furnished it. If Pershing extends, updates, reviews, or renews credit to the undersigned, Pershing may request
a new credit report without notifying the undersigned. Pershing may also request a new credit report in accordance with its normal account maintenance procedures without notifying the undersigned.
16. Communications
Communications may be sent
to the undersigned at the current address of the undersigned, which is on file at Pershings office, or at such other address as the undersigned may hereafter give Pershing in writing, or through the Introducing Firm, and all communications, so
sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to the undersigned personally, whether actually received or not.
17. Scope and Transferability
This agreement
shall cover individually and collectively all accounts that the undersigned may open or reopen with Pershing for the purpose of obtaining a LoanAdvanceloan , and shall inure to the benefit of its successors and assigns, whether by merger,
consolidation, or otherwise, and Pershing may transfer the accounts of the undersigned to its successors and assigns, and this agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the undersigned.
18. No Professional Advice
The undersigned
acknowledges that Pershing will not provide the undersigned with any investment, legal, tax, or accounting advice, that its employees are not authorized to give any such advice, and that the undersigned will not solicit or rely upon any such advice
from Pershing or its employees whether in connection with transactions in or for any of the accounts of the undersigned or otherwise. In making investment, legal, tax, or accounting decisions with respect to transactions in or for the accounts of
the undersigned or any other matter, the undersigned will consult with and rely upon its own advisors and not Pershing, and Pershing shall have no liability therefore.
19. Deduction or Withholding for Tax
All
payments under this agreement shall be made without any deduction or withholding for any taxes imposed by any laws, regulations, decrees, or ordinances other than U.S. state or federal laws (Local Taxes). The