EXHIBIT 10.02
ACCOUNT DOCUMENTS
MAN FINANCIAL INC M
xxx.xxxxxxxxxxxx.xxx MAN FINANCIAL
FUTURES _____________
_____________
ELECTRONIC VERSION - _____________
APPLICATION, CUSTOMER AGREEMENT & RISK DISCLOSURES _____________
_____________
CORPORATIONS, LLCS, PARTNERSHIPS, TRUSTS & PENSION PLANS _____________
_____________
_____________
_____________
_____________
_____________
INSTRUCTIONS
ALL SUPPLEMENTAL INFORMATION REQUESTED MUST BE IN ENGLISH LANGUAGE OR
ACCOMPANIED BY A CERTIFIED ENGLISH TRANSLATION.
FOR ALL ACCOUNTS
PLEASE RETAIN FOR YOUR RECORDS:
PAGE 1: Risk Disclosure Statement for Futures & Options
PAGE 31: Electronic Trading & Order Routing Systems Disclosure Statement
PAGE 32: NYMEX ACCESS Rules 6.26 and 6.27
PAGE 34: Average Price Sytem Disclosure
PLEASE RETURN WITH BOOKLET:
PAGE 3: Account Application - Please provide all requested information and sign
on page 6.
PAGE 9: Customer Agreement - Please read carefully. Sign and date on page 13.
PAGE 14: Signature Page - Please read carefully. Sign and date all required
acknowledgments and consents.
PAGE 15: Electronic Order Entry & Account Access Agreement - Please read
carefully. Sign and date on page 17.
PAGE 18: Taxpayer Information - Please provide all requested information, sign
and date.
CORPORATE ACCOUNTS ONLY
PAGE 19: Corporate Resolutions - Secretary must affix corporate seal or
provide copy of the Articles of Incorporation.
Please provide all requested information, sign and date on pages 14
and 15.
PARTNERSHIPS OR L.L.C. ACCOUNTS ONLY
PAGE 21: Partnership or L.L.C. Authorization - Please provide all
requested information and sign.
Partnership Accounts only - each General Partner must complete General
Partner Information on pages 7 and 8.
For Partnership Accounts, enclose a copy of the Partnership Agreement.
For L.L.C.'s, enclose a copy of the Operating Agreement. For Off-shore
Accounts, enclose a copy of the Articles & Memorandum of Association.
TRUST ACCOUNTS ONLY
Please provide copy of full Trust Agreement.
PENSION PLAN ACCOUNTS ONLY
PAGE 22: Pension Plan Authorization - Please provide all requested
information. Trustee(s) and Administrator or Custodian must sign.
Enclose a copy of full Pension Plan.
DISCRETIONARY ACCOUNTS ONLY
PAGE 23: Discretionary Trading Authorization/Power of Attorney - Please
provide the requested information, sign and date.
PAGE 24: Letter of Automatic Termination - Please sign and date.
PAGE 25: Advisor's Agreement - Please have your trading advisor provide
the requested information, sign and date.
HEDGE ACCOUNTS ONLY
PAGE 26: Hedge Account Agreement and Instructions - Please provide all
requested information, sign and date.
ACCOUNT GUARANTEE
PAGE 27: Required for certain accounts. Consult your broker.
ARBITRATION AGREEMENT (OPTIONAL)
PAGE 28: Arbitration Agreement - This agreement is optional.
IF YOU ARE TRANSFERRING AN EXISTING FUTURES ACCOUNT FROM ANOTHER BROKERAGE FIRM
PAGE 29: Transfer Authorization - Please provide all requested information, sign
and date.
Please provide a copy of your most recent statement or account status
report from the transferring broker.
CHECKS
Make personal or certified checks payable to "Man Financial Inc"
Third party checks not accepted.
WIRE TRANSFERS
Please contact your broker for wire transfer instructions. Third
party wires not accepted.
RISK DISCLOSURE STATEMENT FOR FUTURES & OPTIONS
This brief statement does not disclose all of the risks and other significant
aspects of trading in futures and options. In light of the risks, you should
undertake such transactions only if you understand the nature of the contracts
(and contractual relationships) into which you are entering and the extent of
your exposure to risk. Trading in futures and options is not suitable for many
members of the public. You should carefully consider whether trading is
appropriate for you in light of your experience, objectives, financial resources
and other relevant circumstances.
FUTURES
1. Effect of 'Leverage' or 'Gearing'.
Transactions in futures carry a high degree of risk. The amount of initial
margin is small relative to the value of the futures contract so that
transactions are 'leveraged' or 'geared'. A relatively small market movement
will have a proportionately larger impact on the funds you have deposited or
will have to deposit: this may work against you as well as for you. You may
sustain a total loss of initial margin funds and any additional funds deposited
with the firm to maintain your position. If the market moves against your
position or margin levels are increased, you may be called upon to pay
substantial additional funds on short notice to maintain your position. If you
fail to comply with a request for additional funds within the time prescribed,
your position may be liquidated at a loss and you will be liable for any
resulting deficit.
2. Risk-Reducing Orders or Strategies.
The placing of certain orders (e.g. 'stop-loss' orders, where permitted under
local law, or 'stop-limit' orders) which are intended to limit losses to certain
amounts may not be effective because market conditions may make it impossible to
execute such orders. Strategies using combinations of positions, such as
'spread' and 'straddle' positions may be as risky as taking simple 'long' or
'short' positions.
OPTIONS
3. Variable Degree of Risk.
Transactions in options carry a high degree of risk. Purchasers and sellers of
options should familiarize themselves with the type of option (i.e. put or call)
which they contemplate trading and the associated risks. You should calculate
the extent to which the value of the options must increase for your position to
become profitable, taking into account the premium and all transaction costs.
The purchaser of options may offset or exercise the options or allow the options
to expire. The exercise of an option results either in a cash settlement or in
the purchaser acquiring or delivering the underlying interest. If the option is
on a future, the purchaser will acquire a futures position with associated
liabilities for margin (see the section on Futures above). If the purchased
options expire worthless, you will suffer a total loss of your investment which
will consist of the option premium plus transaction costs. If you are
contemplating purchasing deep-out-of-the-money options, you should be aware that
the chance of such options becoming profitable ordinarily is remote.
Selling ('writing' or 'granting') an option generally entails considerably
greater risk than purchasing options. Although the premium received by the
seller is fixed, the seller may sustain a loss well in excess of that amount.
The seller will be liable for additional margin to maintain the position if the
market moves unfavorably. The seller will also be exposed to the risk of the
purchaser exercising the option and the seller will be obligated to either
settle the option in cash or to acquire or deliver the underlying interest. If
the option is on a future, the seller will acquire a position in a future with
associated liabilities for margin (see the section on Futures above). If the
position is 'covered' by the seller holding a corresponding position in the
underlying interest or a future or another option, the risk may be reduced. If
the option is not covered, the risk of loss can be unlimited.
Certain exchanges in some jurisdictions permit deferred payment of the option
premium, exposing the purchaser to liability for margin payments not exceeding
the amount of the premium. The purchaser is still subject to the risk of losing
the premium and transaction costs. When the option is exercised or expires, the
purchaser is responsible for any unpaid premium outstanding at that time.
ADDITIONAL RISKS COMMON TO FUTURES AND OPTIONS
4. Terms and Condition of Contracts.
You should ask the firm with which you deal about the term and conditions of the
specific futures or options which you are trading and associated obligations
(e.g. the circumstance under which you may become obligated to make or take
delivery of the underlying interest of a futures contract and, in respect of
options, expiration dates and restrictions on the time for exercise). Under
certain circumstances the specifications of outstanding contracts (including the
exercise price of an option) may be modified by the exchange or clearing house
to reflect changes in the underlying interest.
5. Suspension or Restriction of Trading and Pricing Relationships.
Market conditions (e.g. illiquidity) and/or the operation of the rules of
certain markets (e.g. the suspension of trading in any contract or contract
month because of price limits or 'circuit breakers') may increase the risk of
loss by making it difficult or impossible to effect transactions or
liquidate/offset positions. If you have sold options, this may increase the risk
of loss.
Further, normal pricing relationships between the underlying interest and the
future, and the underlying interest and the option may not exist. This can occur
when, for example, the futures contract underlying the option is subject to
price limits while the option is not. The absence of an underlying reference
price may make it difficult to judge 'fair' value.
6. Deposited Cash and Property.
You should familiarize yourself with the protections accorded money or other
property you deposit for domestic and foreign transactions, particularly in the
event of a firm insolvency or bankruptcy. The extent to which you may recover
your money or property may be governed by specified legislation or local rules.
In some jurisdictions, property which had been specifically identifiable as
your own will be pro-rated in the same manner as cash for purposes of
distribution in the event of a shortfall.
1
RISK DISCLOSURE STATEMENT FOR FUTURES & OPTIONS
7. Commission and Other Charges.
Before you begin to trade, you should obtain a clear explanation of all
commission, fees and other charges for which you will be liable. These charges
will affect your net profit (if any) or increase your loss.
8. Transactions in Other Jurisdictions.
Transactions on markets in other jurisdictions, including markets formally
linked to a domestic market, may expose you to additional risk. Such markets may
be subject to regulation which may offer different or diminished investor
protection. Before you trade you should inquire about any rules relevant to your
particular transactions. Your local regulatory authority will be unable to
compel the enforcement of the rules of regulatory authorities or markets in
other jurisdictions where your transactions have been effected. You should ask
the firm with which you deal for details about the types of redress available in
both your home jurisdiction and other relevant jurisdictions before you start to
trade.
9. Currency Risks.
The profit or loss in transactions in foreign currency-denominated contracts
(whether they are traded in your own or another jurisdiction) will be affected
by fluctuations in currency rates where there is a need to convert from the
currency denomination of the contract to another currency.
10. Trading Facilities.
Most open-outcry and electronic trading facilities are supported by
computer-based component systems for the order-routing, execution, matching,
registration or clearing of trades. As with all facilities and systems, they are
vulnerable to temporary disruption or failure. Your ability to recover certain
losses may be subject to limits on liability imposed by the system provider, the
market, the clearing house and/or member firms. Such limits may vary; you should
ask the firm with which you deal for details in this respect.
11. Electronic Trading.
Trading on an electronic trading system may differ not only from trading in an
open-outcry market but also from trading on other electronic trading systems. If
you undertake transactions on an electronic trading system, you will be exposed
to risk associated with the system including the failure of hardware and
software. The result of any system failure may be that your order is either not
executed according to your instructions or is not executed at all.
12. Off-Exchange Transactions.
In some jurisdictions, and only then in restricted circumstances, firms are
permitted to effect off-exchange transactions. The firm with which you deal may
be acting as your counterparty to the transaction. It may be difficult or
impossible to liquidate an existing position, to assess the value, to determine
a fair price or to assess the exposure to risk. For these reasons, these
transactions may involve increased risks. Off-exchange transactions may be less
regulated or subject to a separate regulatory regime. Before you undertake such
transactions, you should familiarize yourself with applicable rules and
attendant risks.
2
CUSTOMER ACCOUNT APPLICATION
INDICATE THE TYPE OF ACCOUNT YOU WISH TO OPEN:
[ ] Corporate [ ] Partnership [ ] Limited Liability Company [ ] Trust
[ ] Pension Plan [ ] Other________________
(describe)
GENERAL INFORMATION
Name of Applicant: ____________________________________________________________
Account Title: ________________________________________________________________
Mailing Address Line 1: _______________________________________________________
Mailing Address Line 2: _______________________________________________________
City:________________________ State: ________ Zip:________ Country: ___________
Main Address (if different from above): _______________________________________
Main Address Line 2: __________________________________________________________
City:_________________________ State: _______ Zip:________ Country: ___________
Telephone: _______________ Tax I.D. Number: ___________________________________
FOR CORPORATE ACCOUNTS
Date of Incorporation: ______________ State/Country of Incorporation: _________
Principal Place of Business: _________ Registered Agent: ______________________
Ownership: [ ] Public [ ] Private ___________________________________________
If a subsidiary, list ultimate parent and indicate whether public or private:
_______________________________________________________________________________
Principal business/occupation: ________________________________________________
FOR PARTNERSHIP OR LIMITED LIABILITY COMPANY ACCOUNTS ("L.L.C.")
Is this a [ ] general partnership; [ ] limited partnership or [ ] L.L.C.?
List all general partners or managing members:
1. Name: ______________________________________________________________________
Address: ___________________________________________________________________
City: ________ State: _________ Zip: __________ Country: ___________________
2. Name: ______________________________________________________________________
Address: ___________________________________________________________________
City: _________State:___________Zip:___________ Country: ___________________
3. Name: ______________________________________________________________________
Address: ___________________________________________________________________
City: _________State:___________Zip:___________ Country: ___________________
4. Name: ______________________________________________________________________
Address: ____________________________________________________________________
City: __________State:___________Zip:___________ Country: ___________________
Principal business/occupation of applicant: ___________________________________
3
CUSTOMER ACCOUNT APPLICATION
FOR PARTNERSHIP OR LIMITED LIABILITY COMPANY ACCOUNTS ("L.L.C.") (CONTINUED)
Does the applicant have an offering circular or prospectus, or otherwise solicit
participation? Yes [ ] No [ ] (If yes, please submit a copy of the most recent
prospectus or offering circular.)
Is any general partner or managing member registered with the Commodity Futures
Trading Commission as a Commodity Pool Operator? Yes [ ] No [ ]
If a limited partnership or L.L.C., how many limited partners or members are
there? ________________________________________________________________________
FOR TRUST ACCOUNTS
1. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _______________ State:________ Zip:________ Country: _________________
2. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _______________ State:________ Zip:________Country: __________________
3. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _______________ State:________ Zip:________ Country: _________________
4. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _______________ State:________ Zip:________ Country: _________________
FOR PENSION PLAN ACCOUNTS
Type of plan: [ ] Xxxxx [ ] 401k [ ] Other (specify): _________________________
If "Other", are there any employee contributions in the plan? [ ] Yes or [ ] No
List Trustee(s):
1. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: ______________ State:________ Zip:________ Country: __________________
2. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _____________ State:________ Zip:________ Country: ___________________
3. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: _____________ State:________ Zip:________ Country: ___________________
4. Trustee:____________________________________________________________________
Address : __________________________________________________________________
City: ______________ State:________ Zip:________ Country: __________________
4
CUSTOMER ACCOUNT APPLICATION
CONFIDENTIAL CUSTOMER INFORMATION
1. Previous futures investment experience? [ ] Yes [ ] No If yes, how many
years? __________________________________________________________________
Name: ___________________________________________________________________
Location: _______________________________________________________________
Currently Active? [ ] Yes [ ] No
Name: ___________________________________________________________________
Location: _______________________________________________________________
Currently Active? [ ] Yes [ ]No
2. Are you registered with the Commodity Futures Trading Commission and/or
the National Futures Association? [ ] Yes [ ] No
If yes, indicate in what capacity: [ ] FCM [ ] CPO [ ] CTA [ ] IB [ ]
Other:___________________________________________________________________
3. Are you a member of any futures exchange? [ ] Yes [ ] No If yes,
which? __________________________________________________________________
4. Have you ever been involved in any litigation or arbitration with another
broker or dealer? Yes [ ] No [ ] If yes, please give details:
________________________________________________________________
5. Have you ever been the subject of an investigation or proceeding by any
futures or securities regulatory or self-regulatory body? [ ] Yes [ ] No
If yes, please give details: ____________________________________________
6. Do any other person(s) or entities:
A) Control the trading of this account? [ ] Yes [ ] No (If yes, please
complete the "Discretionary Trading Authorization" form)
B) Have a financial interest in this account? [ ] Yes [ ] No If yes,
please provide details: ______________________________________________
7. Do you or does this account control or have an interest in the trading of
any other commodity account at this firm? [ ] Yes [ ] No
If yes, list account numbers and names: _________________________________
At any other firm? [ ] Yes [ ] No (If yes, give firm name): _____________
8. Are you:
A) Related to any person associated with or employed by Man Financial Inc?
[ ] Yes [ ] No If yes, describe briefly:
_____________________________________________________________
B) Now or within the past three years a member, partner, officer or
employee of any brokerage firm, commodity or security exchange or
regulatory agency? [ ] Yes [ ] No If yes,
describe: ____________________________________________________________
C) An NFA or NASD member? [ ] Yes [ ] No If yes,
describe: ____________________________________________________________
9. Are you familiar with and do you understand:
A) The [ ] No leverage provided in futures and options trading? [ ] Yes
[ ] No
B) The substantial risk of loss in futures and options trading, including
the possibility of incurring a debit balance in your account? [ ] Yes
[ ] No
C) Man Financial Inc's margin policy as set forth in paragraph 3 of the
Customer Agreement? [ ] Yes [ ] No
10. What is your trading objective? [ ] Speculation [ ] Hedging (If hedging,
please complete the "Hedge Account Agreement" form.)
11. Banking Relationships
Name of Bank /Institution (1): __________________________________________
Address: ________________________________________________________________
Contact: _____________________________ Phone: ___________________________
Name of Bank /Institution (2): __________________________________________
Address: ________________________________________________________________
Contact: _____________________________ Phone: ___________________________
5
CUSTOMER ACCOUNT APPLICATION
12. The undersigned makes the following representations regarding Stockholders'
Equity as of the ______day of _____, 19 ____:
ASSETS
CURRENT ASSETS
Cash $ ____________
Marketable securities ____________
Accounts receivable ____________
Inventories ____________
Prepaid expense ____________
Other ____________
TOTAL CURRENT ASSETS ____________
Net property, plant & equipment ____________
Other intangibles ____________
Investments
Other assets ____________
TOTAL ASSETS $ ____________
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Accounts payable $ ____________
Notes payable ____________
Current maturities of LT debt ____________
Accrued liabilities ____________
Other liabilities ____________
TOTAL CURRENT LIABILITIES ____________
Deferred income taxes ____________
Long-term debt ____________
Other LT liabilities ____________
TOTAL LIABILITIES $ ____________
STOCKHOLDERS' EQUITY
Common stock $ ____________
Additional paid in capital ____________
Retained earnings ____________
Total stockholders' equity ____________
TOTAL LIABILITIES &
STOCKHOLDERS' EQUITY ____________
NOTE: TOTAL ASSETS MUST EQUAL TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY
INCOME STATEMENT
Revenues _________________
Cost and expenses _________________
Operating income _________________
Other income _________________
Net interest _________________
Income taxes _________________
Net income (Profit/(loss) _________________
NOTE: In lieu of completing this worksheet, a prepared financial statement may
be attached if one is available.
CUSTOMER REPRESENTS THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT, AND WILL
NOTIFY MAN FINANCIAL INC ("COMPANY") OF ANY MATERIAL CHANGES IN WRITING. THE
COMPANY RESERVES THE RIGHT, BUT HAS NO DUTY, TO VERIFY THE ACCURACY OF
INFORMATION PROVIDED AND TO CONTACT SUCH BANKERS, BROKERS AND OTHERS AS IT DEEMS
NECESSARY.
Signature of Customer __________________________________________________________
Title ___________________________________________ Date _________________________
6
GENERAL PARTNER INFORMATION
THIS PAGE TO BE COMPLETED FOR GENERAL PARTNERSHIP ACCOUNTS ONLY
GENERAL PARTNER 1
Name: __________________________________________________________________________
Date of Birth: _________________________________________________________________
Address Line 1: ________________________________________________________________
Address Line 2: ________________________________________________________________
City: _______________________________________ State:________ Zip:_______________
Phone: _________________________________________________________________________
Social Security #: _____________________________________________________________
Employer: ______________________________________________________________________
Occupation: ____________________________________________________________________
Annual Income (if joint account, provide combined annual income): ______________
Net Worth (if joint account, provide combined net worth): ______________________
Investment Experience:
Futures: [ ] Yes [ ] No If Yes, how many years? ________;
Securities: [ ] Yes [ ] No If Yes, how many years? ________;
Options: [ ] Yes [ ] No If Yes, how many years? ________;
Mutual Funds: [ ] Yes [ ] No If Yes, how many years? ________;
GENERAL PARTNER 2
Name: __________________________________________________________________________
Date of Birth: _________________________________________________________________
Address Line 1: ________________________________________________________________
Address Line 2: ________________________________________________________________
City: _____________________________________ State:________ Zip:_________________
Phone: _________________________________________________________________________
Social Security #: _____________________________________________________________
Employer: ______________________________________________________________________
Occupation: ____________________________________________________________________
Annual Income (if joint account, provide combined annual income): ______________
Net Worth (if joint account, provide combined net worth): ______________________
Investment Experience:
Futures: [ ] Yes [ ] No If Yes, how many years? ________;
Securities: [ ] Yes [ ] No If Yes, how many years? ________;
Options: [ ] Yes [ ] No If Yes, how many years? ________;
Mutual Funds: [ ] Yes [ ] No If Yes, how many years? ________;
7
GENERAL PARTNER INFORMATION
THIS PAGE TO BE COMPLETED FOR GENERAL PARTNERSHIP ACCOUNTS ONLY
GENERAL PARTNER 3
Name: __________________________________________________________________________
Date of Birth: _________________________________________________________________
Address Line 1: ________________________________________________________________
Address Line 2: ________________________________________________________________
City: _____________________________________ State:________ Zip:_________________
Phone: _________________________________________________________________________
Social Security #: _____________________________________________________________
Employer: ______________________________________________________________________
Occupation: ____________________________________________________________________
Annual Income (if joint account, provide combined annual income): ______________
Net Worth (if joint account, provide combined net worth): ______________________
Investment Experience:
Futures: [ ] Yes [ ] No If Yes, how many years? ________;
Securities: [ ] Yes [ ] No If Yes, how many years? ________;
Options: [ ] Yes [ ] No If Yes, how many years? ________;
Mutual Funds: [ ] Yes [ ] No If Yes, how many years? ________;
GENERAL PARTNER 4
Name: __________________________________________________________________________
Date of Birth: _________________________________________________________________
Address Line 1: ________________________________________________________________
Address Line 2: ________________________________________________________________
City: _____________________________________ State:________ Zip:_________________
Phone: _________________________________________________________________________
Social Security #: _____________________________________________________________
Employer: ______________________________________________________________________
Occupation: ____________________________________________________________________
Annual Income (if joint account, provide combined annual income): ______________
Net Worth (if joint account, provide combined net worth): ______________________
Investment Experience:
Futures: [ ] Yes [ ] No If Yes, how many years? ________;
Securities: [ ] Yes [ ] No If Yes, how many years? ________;
Options: [ ] Yes [ ] No If Yes, how many years? ________;
Mutual Funds: [ ] Yes [ ] No If Yes, how many years? ________;
8
CUSTOMER AGREEMENT
This agreement ("Agreement") sets forth the terms and conditions under which we,
Man Financial Inc, will open and maintain one or more accounts (collectively,
the "account") in your name and on your behalf and otherwise transact business
with you. If this account has been introduced to us, all references to us in
this Agreement shall include your broker, and your broker shall enjoy all
benefits and rights hereunder.
1. PARTIES.
You agree that the parties to this Agreement shall consist of us and you. If
this is a joint account (including a community property account), the term "you"
refers to each account holder. Except as disclosed in writing to us, no person
other than you has any interest in the account. If this is a joint account, each
account holder has full authority to act on behalf of the account and you
authorize us to follow the instructions of any account holder as if such person
were the sole account holder. All obligations arising hereunder are joint and
several and may be enforced by us against any or all account holders.
Notwithstanding the foregoing, we may require joint action by all account
holders with respect to any matter concerning the account, including the giving
or cancellation of orders, and the withdrawal of monies, securities or other
property. In the event of the death of either or any of the joint account
holders, the surviving joint account holder(s) shall immediately give us written
notice thereof, and we may, before or after receiving such notice, take such
action, require such papers and inheritance or estate tax waivers, retain such
portion of and/or restrict transactions in the account as we may deem advisable.
The surviving joint account holder(s) and the estate of the deceased joint
account holder shall be jointly and severally liable to us for any net debit
balance or loss in the account in any way resulting from transactions initiated
prior to the receipt by us of the written notice of the death or incurred in the
liquidation of the account or the adjustment of the interests of the respective
parties.
Laws governing joint ownership of property vary from jurisdiction to
jurisdiction. Generally, however, for joint tenants with rights of survivorship,
in the event of the death of either tenant, the entire interest in the joint
account shall be vested in the surviving joint tenant(s) on the same terms and
conditions. For tenants in common, the interest in the tenancy shall be equal
unless specified and in the event of death of either tenant, the interest in
their share of the tenancy shall vest in the decedent's legal representative.
State laws regulating community property vary. Consult your own legal adviser.
2. APPLICABLE LAW AND REGULATIONS; MARKETS.
All transactions shall be subject to all applicable law and the rules and
regulations of all federal, state and self-regulatory agencies including, but
not limited to, the Board of Governors of the Federal Reserve System and the
constitution, rules and customs of the exchange or market (and clearing house)
where executed. Unless you provide us with specific instructions, we may use our
discretion in selecting the market in which to place your orders.
3. DEPOSITS ON TRANSACTIONS.
You agree to maintain, without demand from us, such margin, cash or other
acceptable collateral as we in our discretion require from time to time and you
agree to pay on demand any debit balances in your account. You will make
deposits of such margin or collateral immediately upon our request. You will
provide us with any information we may require for immediate confirmation of
wire transfers.
4. SECURITY INTEREST AND LIEN.
As security for the payment of all of your obligations and liabilities to us or
any of our affiliates through whom you conduct business, we shall have a
continuing security interest in all property in which you have an interest held
by or through us or any of our affiliates including, but not limited to,
securities, futures contracts, cash commodities, commercial paper, monies, any
after-acquired property and all rights you may have against us or any of our
affiliates. In addition, in order to satisfy any such outstanding liabilities or
obligations, we may, at any time and without prior notice to you, use, apply or
transfer any of such securities or property interchangeably (including cash and
fully-paid securities). In the event of a breach or default under this Agreement
or any other agreement you may have with us or any of our affiliates, we shall
have all rights and remedies available to a secured creditor under any
applicable law in addition to the rights and remedies provided herein.
5. DEFAULT.
Should we deem it desirable for our protection, or should we feel insecure, or
should you be in breach of or violate any of the terms of this Agreement, we are
authorized to declare (and without the necessity of a call for additional
capital) you in default under this and any other agreement you may then have
with us or our affiliates, whether heretofore or hereafter entered into. In the
event of default, each of us and our affiliates reserves the right to sell,
without prior notice to you, any and all property in which you have an interest
held by or through us or our affiliates, to buy any or all property which may
have been sold short, to cancel any or all outstanding transactions and/or to
purchase or sell any other property to offset market risk, and to offset any
indebtedness or position you may have, including by means of an exchange for
physicals transaction, after which you shall be liable to us, for any remaining
deficiencies, losses, costs or expenses sustained by us in connection therewith.
Such purchases and/or sales may be effected publicly or privately without notice
or advertisement in such manner as we may in our sole discretion determine. At
any such sale or purchase, we may purchase or sell the property free of any
right of redemption. In addition, we shall have the right to set off and apply
any amount owing from our affiliates to you against any indebtedness in your
account, whether matured or unmatured. You are unconditionally obligated to pay
to us the amount of any debit balance in your account, however incurred, at the
lesser of the highest rate permitted by applicable law or two percent above the
current prime rate as announced from time to time by the banking institutions
with which we normally do business.
6. FEES AND CHARGES.
You understand that we will charge commissions and other fees for clearing,
execution, custody, storage, delivery or any other service furnished to you and
you agree to pay such commissions, fees and interest on monies owed to us at our
then-prevailing rates. You understand further that such commissions, fees and
interest rates may be changed from time to time. You will also be charged a fee
9
CUSTOMER AGREEMENT
for positions transferred to another broker. We may receive remuneration for
directing orders to a particular broker or dealer or market center for
execution. Such remuneration is considered compensation to us. We may pay a
portion of fees and commissions charged to your Account to third-parties that
have introduced your account to us or serviced your account. You understand that
we or an affiliate may act as principal in certain transactions with you,
including but not limited to, cash market transactions, forward contracts, or
exchanges of physicals for futures ("EFPs").
7. MAKING DELIVERY; LIQUIDATION INSTRUCTIONS.
You agree to give us timely notice if you intend to make or take delivery under
a contract or to exercise any option contract. If so requested by us, you shall
satisfy us that you can fulfill your obligations to make or take delivery and
shall furnish us with property deliverable by you under any contract in
accordance with our directions. We shall not have any obligation to exercise any
long option contract unless you have furnished us with timely exercise
instructions and sufficient initial margin with respect to each underlying
contract. If we sell any property at your direction and you fail for any reasons
to supply us with such property, we may (but shall not be obligated to) borrow
or buy for you any property necessary to make such delivery. Under no
circumstances shall we be obliged to make any payment or delivery to you except
against receipt of payment or delivery by you of monies or other property
requested by us. You shall be responsible for providing insurance coverage for
any deliveries made or accepted by you. We do not provide any insurance
coverage. If you do not provide insurance coverage, you agree to bear the risk
of loss.
8. CONSENT TO LOAN OR PLEDGE.
Within the limits of applicable law and regulations, you hereby authorize us to
lend either to ourselves or to others any securities or other property held by
us in your margin account together with all attendant rights of ownership, and
to use all such property as collateral for our general loans. Any such property,
together with all attendant rights of ownership, may be pledged, repledged,
hypothecated or rehypothecated either separately or in common with other such
property for any amounts due to us thereon or for a greater sum, and we shall
have no obligation to retain a like amount of similar property in our possession
and control.
9. REPORTS.
Reports of execution of orders sent by us to you shall be binding and conclusive
on you unless, in the case of a verbal report, you object at the time the report
is received by you or your agent; and in the case of a written report, you
object in writing prior to the opening of trading on the business day following
the day you have received the report. In addition, if after you have placed an
order with us and have not received a written or verbal confirmation thereof in
accordance with our practice, you immediately shall notify us thereof. If you
fail to notify us as set forth in this section, you agree that you shall be
deemed estopped to object and to have waived any objection to our execution or
failure to execute any transaction. Nothing contained in this section, however,
shall bind us with respect to any transaction or price reported (whether verbal
or in writing) in error, or prevent us,
upon discovery of any error or omission, from correcting the error or omission,
and putting the account in the same position it would have been in if the error
or omission had not occurred.
10. WAIVER, ASSIGNMENT AND NOTICES.
Neither our failure to insist at any time upon strict compliance with this
Agreement or with any of the terms hereof nor any continued course of such
conduct on our part shall constitute or be considered a waiver by us of any of
our rights or privileges hereunder. We may assign this Agreement and your
account upon notice to you. Any assignment of your rights and obligations
hereunder or interest in any property held by or through us without obtaining
the prior written consent of an authorized representative of ours shall be null
and void. Notices or other communications, including margin calls, delivered or
mailed, including by facsimile or electronic transmission, to the address
provided by you, shall, until we have received notice in writing of a different
address, be deemed to have been personally delivered to you.
11. CLEARANCE ACCOUNTS.
If your account has been introduced to us by another broker, that broker is
acting as your agent and your broker in this relationship is not an agent of or
affiliated with us. You agree that your broker and its employees are third-party
beneficiaries of this Agreement. Unless we receive from you prior written notice
to the contrary, we may accept from such other broker, without any inquiry or
investigation: (a) orders for the purchase or sale of securities and other
property in your account on margin or otherwise; and (b) any other instructions
concerning your account or the property therein. YOU UNDERSTAND AND AGREE THAT
OUR ROLE IS LIMITED TO EXECUTION, CLEARING AND BOOKKEEPING FOR TRANSACTIONS MADE
PURSUANT TO INSTRUCTIONS FROM YOU OR YOUR BROKER, AND WE GENERALLY WILL NOT
INQUIRE INTO THE CIRCUMSTANCES SURROUNDING ANY TRANSACTION FOR YOUR ACCOUNT. WE
ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR BROKER, INCLUDING, BUT NOT
LIMITED TO, SALES PRACTICES, TRADING PRACTICES OR RECOMMENDATIONS. YOU AGREE TO
LOOK SOLELY TO YOUR BROKER FOR REDRESS OF ANY LOSS OR DAMAGE ARISING OUT OF
CIRCUMSTANCES OTHER THAN OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE
EXECUTION, CLEARANCE OR BOOKKEEPING OF TRANSACTIONS FOR YOUR ACCOUNT. YOU
UNDERSTAND AND AGREE THAT WE WILL PAY A SUBSTANTIAL PORTION OF THE BROKERAGE
COMMISSIONS CHARGED TO YOUR ACCOUNT IN CONSIDERATION OF INTRODUCING AND
SERVICING YOUR ACCOUNT.
12. INDEMNIFICATION; COSTS OF COLLECTION.
You agree to indemnify and hold harmless each of us, our affiliates and our
respective shareholders, directors, officers, employees and agents from and
against any liability, damage, cost or expense (including, without limitation,
legal fees and expenses, amounts paid in settlement of any claims, interest and
any fines or penalties imposed by any exchange, self-regulatory organization or
governmental agency) any of them may incur or be subjected to with respect to
you or your Account or any transaction or position therein, or as a result of
your violation of any of your representations, agreements or obligations under
this Agreement. You agree to pay and authorize us to charge you for any direct
or indirect costs of collection, defense and enforcing any of our rights under
this Agreement including, but not limited
ELECTRONIC VERSION
10
CUSTOMER AGREEMENT
to, interest, legal fees, court costs and other expenses.
13. FREE CREDIT BALANCES; TRANSFER ARRANGEMENTS.
You hereby direct us to use any free credit balance in your account in
accordance with all applicable rules and regulations and you authorize us, in
our discretion, to transfer any free credit balances and cash in your account
daily to a non-regulated account.
14. RESTRICTIONS.
You understand that we may restrict or prohibit trading in, or close, your
account.
15. CREDIT INFORMATION AND INVESTIGATION.
You authorize us and, if applicable, your broker, in our or their discretion, to
make and obtain reports concerning your credit standing and business conduct.
16. LEGALLY BINDING.
This Agreement shall be binding upon the parties hereto and their respective
successors and assigns and supersedes any prior agreements between the parties
with respect to the subject matter hereof. You further agree that all purchases
and sales shall be exclusively for your account in accordance with your oral or
written instructions. You hereby waive any and all defenses that any such
instruction was not in writing as may be required by the statute of frauds or
any similar law, rule or regulation.
17. AMENDMENT.
You agree that we may modify the terms of this Agreement at any time upon prior
written notice to you. By continuing to accept services from us, you will have
indicated your acceptance of any such modification. If you do not accept any
such modification, you must notify us thereof in writing and your account may
then be terminated, but you will still be liable thereafter to us for all
remaining liabilities and obligations. Otherwise, this Agreement may not be
waived or modified absent a written instrument signed by an authorized
representative of ours. No oral agreements or instructions purporting to amend
this Agreement will be recognized or enforceable.
18. SEVERABILITY.
If any provision hereof is or should become or be deemed to be inconsistent with
any present or future law, rule or regulation of any court, arbitral body,
sovereign government or regulatory body having jurisdiction over the subject
matter of this Agreement, such provision shall be deemed to be rescinded or
modified in accordance with any such law, rule or regulation. In all other
respects, this Agreement shall continue to remain in full force and effect.
19. LIMITATION OF LIABILITY.
You shall have no claim against us or any of our affiliates for any loss,
damage, liability, cost, charge, expense, penalty, fine or tax caused directly
or indirectly by: (a) any law, regulation, rule or order; (b) suspension, or
termination of trading; (c) war, civil or labor disturbance; (d) any delays or
inaccuracies in the transmission or reporting of orders or other information due
to a breakdown or failure of any transmission or communication facilities for
any reason; (e) failure or delay for any reason of any broker, bank, depository
or custodian to fulfill its obligations or to pay in full any amounts owed to
us; (f) failure or delay by any entity which, consistent with applicable
regulations, is holding customer segregated funds, securities or other property,
to pay or deliver same to us; or (g) any other causes beyond our control.
We will execute your transactions solely as your agent. In executing
transactions on an exchange, we may use floor brokers (who may be our employees
or other agents of ours), but we will not be responsible to you for negligence
or misconduct of an independent floor broker if, at the time the floor broker
was selected, the floor broker was authorized to act as such under the rules of
the relevant exchange and the appropriate regulatory agency. We will not be
responsible to you in the event of error, failure, negligence or misconduct on
the part of any intermediary, commodity trading advisor or other person acting
on your behalf and, without limitation, we have no obligation to investigate the
facts surrounding any transaction in your Account(s) which is introduced by such
intermediary, commodity trading advisor or other person. You will indemnify us
and hold us harmless from and against any and all liabilities, penalties, losses
and expenses, including legal expenses and attorneys' fees, incurred by us as a
result of any error, failure, negligence or misconduct on the part of any such
intermediary, commodity trading advisor or other person acting on your behalf.
We shall only be liable for actions or inactions by us which amount to gross
negligence or fraud. You also agree that we shall not be liable to you for any
losses, costs, expenses or other damages sustained by you in the event of any
failure or delay by any exchange, market, clearing house, bank or other
depository institution where any of your funds or other assets are maintained,
or a failure or delay by any member, bank or agent of any of the foregoing, or a
failure or delay by any of the foregoing to enforce its rules, to fulfill its
obligations or to make any payment, for any reason whatsoever. You waive any
claim, cause of action or right as against us, our employees or agents that may
arise or occur as a result thereof.
20. TELEPHONE CONVERSATIONS.
For the protection of both you and us, and as a way of correcting
misunderstandings, you hereby authorize us, at our discretion and without prior
notice to you, to monitor and/or record (with or without tone warning devices)
any or all telephone conversations between you and any of our employees or
agents.
21. ADDITIONAL RIGHTS AND REMEDIES.
The rights and remedies granted herein to us are in addition to any other rights
and remedies provided to us in any other agreement you may have with us, and you
hereby appoint us as your agent to take any action necessary to perfect
ourselves with respect to the security interest granted to us in this Agreement.
22. AUTHORITY.
You represent that this Agreement has been duly authorized and executed by you
and that you have full power and authority to trade futures, physical
commodities, currencies, securities and options on the foregoing and related
instruments. By signing this Agreement on behalf of an entity, you represent
that the entity on whose behalf you are acting is authorized to enter into this
Agreement and that you are duly authorized to sign this
11
CUSTOMER AGREEMENT
Agreement in its name.
23. CUSTOMER'S REPRESENTATIONS AND WARRANTIES.
You represent to us that all information supplied by you in connection with the
opening of your account, including the Customer Account Application, is accurate
and complete, and that we are legally entitled to rely on such information, and
you agree to report promptly to us any material change in such information. You
represent to us that you have read and understand all risk disclosure statements
that we have provided to you, and understand that all transactions effected for
your account are at your risk, and that you are solely liable therefor under all
circumstances. You acknowledge that futures trading is only suitable for persons
who are financially able to withstand losses. Such losses may substantially
exceed margins or other funds you have deposited with us. You agree to inform us
immediately if you cease to be willing or financially able to sustain such
losses.
24. PENSION ACCOUNTS.
If you are a Xxxxx Plan, Pension and Profit Sharing Trust, or other employee
benefit plan as defined by Section 3(3) of the Employee Retirement Income
Security Act (Collectively a "Plan"; "ERISA"), the undersigned trustee
("Trustee") acknowledges that the establishment of the account and all
transactions executed through the account are subject to certain restrictions
under Section 404(a) of ERISA, including the requirement that such transactions
be prudent, that the investments be diversified, and that there are certain
transactions which the Plan is prohibited from entering into under Section 406
of ERISA and Section 4975 of the Internal Revenue Code ("Code"), regardless of
whether such transactions are prudent; and Trustee further acknowledges that
certain transactions if entered into by the Plan may result in the recognition
of taxable income under Section 511 of the Code. Trustee represents and warrants
that, with respect to each transaction to be executed through the account, the
determination as to whether such transaction complies with the standards of
Section 404(a) of ERISA, will constitute a transaction prohibited under Section
406 of ERISA, or Section 4975 of the Code, or will result in the recognition of
taxable income, will be made either by Trustee or by another person who has been
determined by Trustee to be either a fiduciary or an investment manager properly
delegated the authority to make, or to advise the Plan as to, such
determinations. Xxxxxxx understands and agrees that the individual account plan
permits participant-directed investments pursuant to Section 404(c) of ERISA. In
no event shall we have any responsibility or authority to make, or to advise the
Plan or Trustee as to, such determinations. Xxxxxxx understands and agrees that
we are neither a fiduciary nor an investment manager with respect to the Plan as
defined in Sections 3(21) and 3(38) of ERISA. Nevertheless, if, contrary to the
expectations of the parties, it is ever finally determined that we are a
fiduciary or investment manager, our responsibility and authority in acting in
such capacity shall be limited to performing our obligations as specifically set
forth herein, and Trustee represents and warrants that such allocation of
fiduciary responsibility is authorized under the instrument pursuant to which
you maintained in accordance with Section 402(c) of ERISA.
By signing this Agreement, Xxxxxxx agrees to indemnify us for any liability
which may be imposed on us including, but not limited to, Section 409 of ERISA
or any tax which may be assessed against us under Section 4975 of the Code, or
any other damage or expense which may be suffered by us by reason of your being
subject to the provisions of ERISA, including all costs and expense (including
attorneys' fees) incurred by us in defending against the foregoing. The
foregoing provision shall also apply to any federal or state fiduciary law
governing the investments of employee benefit plans which is supplementary to,
or in lieu of, the specific provisions of ERISA referred to herein.
25. CURRENCY EXCHANGE RATES.
If any transaction is effected in a foreign currency, any profit or loss arising
as a result of a fluctuation in the exchange rate affecting such currency will
be entirely for your account and risk. All deposits shall be made in United
States currency, unless we request any such deposit in the currency of some
other country, in which case such deposit shall be made in such currency. When
any position is liquidated, we shall debit or credit your account in United
States currency at the rate of exchange determined by us in our sole discretion
on the basis of the then prevailing money rates for such foreign currency,
unless you shall have given us specific written instructions to make such debit
or credit in the foreign currency involved.
26. FUNDS ON DEPOSIT IN NON-U.S. BANKING INSTITUTIONS.
Funds of customers trading on United States contract markets may be held in
accounts denominated in a foreign currency with depositories located outside the
United States or its territories if you are domiciled in a foreign country or if
the funds are held in connection with contracts priced and settled in a foreign
currency. Such accounts are subject to the risk that events could occur which
would hinder or prevent the availability of these funds for distribution to you.
Such accounts may also be subject to foreign currency exchange rate risks.
You authorize the deposit of funds into such foreign depositories. For customers
domiciled in the United States, this authorization permits the holding of funds
in regulated accounts offshore only if such funds are used to margin, guarantee,
or secure positions in such contracts or accrue as a result of such positions.
In order to avoid the possible dilution of other customer funds, if you have
funds held outside the United States, you further agree that your claims based
on such funds will be subordinated in the unlikely event BOTH of the following
conditions are met: (1) Your futures commission merchant is placed in
receivership or bankruptcy; and (2) there are insufficient funds available for
distribution denominated in the foreign currency as to which you have a claim to
satisfy all claims against those funds.
You agree that if both of the conditions listed above occur, your claim against
our assets attributable to funds held overseas in a particular foreign currency
may be satisfied out of segregated customer funds held in accounts denominated
in dollars or other foreign currencies only after each customer whose funds are
held in dollars or in such other foreign currencies received its pro-rata
portion of such funds. You further agree that in no event may a customer whose
funds are held overseas receive more than its pro-rata share of the aggregate
pool consisting of funds held in
12
CUSTOMER AGREEMENT
dollars, funds held in the particular foreign currency, and non-segregated
assets of the company.
27. CFTC REGULATIONS.
You are aware that CFTC Regulation 1.35(a-2)(2) requires you to create, retain
and produce upon the request of the CFTC, the United States Department of
Justice and the applicable exchange, documentation of cash transactions
underlying exchanges of futures for cash commodities or exchanges of futures in
connection with cash commodity transactions and, if you effect any such exchange
of futures, you will comply with Regulation 1.35 (1-2)(2). If you maintain
separate accounts in which, pursuant to CFTC Regulation 1.46(d)(6), offsetting
positions are not closed out, you understand that, if held open, offsetting long
and short positions in the separate accounts may result in the charging of
additional margins even though offsetting positions will result in no additional
market gain or loss. If you are a non-United States person, you acknowledge
that: (a) CFTC Regulation 15.05 designates us as the agent of foreign brokers,
customers of foreign brokers, and foreign traders for certain purposes; and (b)
CFTC Regulation 21.03 authorizes the CFTC to request, when unusual market
circumstances exist, certain account information from us as well as foreign
brokers and traders.
28. ONLINE SERVICES/ELECTRONIC STATEMENTS.
If we provide you with access to online brokerage service facilities, you agree
to our posted terms of use, privacy statement and service agreement and the
Electronic Order Entry & Account Access Agreement as if the same were set forth
in this Agreement. We do not guarantee access to your account at all times, nor
do we guarantee the receipt, acceptance and entry of any order transmitted to us
electronically. You further agree that any market data or information provided
to you will not be broadcast, retransmitted or commercially exploited and you
acknowledge that exchanges and markets have a proprietary interest in this data
and information. If you have agreed to the electronic transmission of
information, you understand that we do not guarantee delivery.
29. GOVERNING LAW; JURISDICTION AND VENUE; SERVICE OF PROCESS; LIMITATION ON
ACTIONS; WAIVER OF JURY TRIAL.
In order to induce us to accept this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, you
hereby agree to the following:
A. This Agreement is made, upon acceptance by us, in the State of Illinois,
and shall be governed by, and the rights and liabilities of the parties
shall be determined in accordance with, the laws of the State of Illinois,
without regard to any of its conflicts of laws, principles or rules, and
by the laws of the United States.
B. IF YOU HAVE NOT ENTERED INTO AN ARBITRATION AGREEMENT OR IF ARBITRATION IS
UNAVAILABLE, ALL ACTIONS OR PROCEEDINGS, WHETHER INITIATED BY YOU OR US,
WITH RESPECT TO ANY CONTROVERSY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, SHALL BE LITIGATED ONLY IN COURTS WHOSE SITUS IS IN THE STATE
OF ILLINOIS. YOU HEREBY SUBMIT TO THE JURISDICTION OF THE UNITED STATES
DISTRICT COURT OF THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, AND
ANY OTHER COURT OF COMPETENT JURISDICTION WHOSE SITUS IS IN CHICAGO,
ILLINOIS. IF YOU BRING ANY ARBITRATION (INCLUDING, BUT NOT LIMITED TO, NFA
ARBITRATIONS), ADMINISTRATIVE OR REPARATIONS PROCEEDINGS AGAINST US, YOU
HEREBY AUTHORIZE AND DIRECT SUCH ARBITRATORS, ADMINISTRATIVE LAW JUDGES,
OR JUDGMENT OFFICERS TO HOLD ANY SUCH PROCEEDINGS IN CHICAGO, ILLINOIS.
YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF
ANY LITIGATION YOU MAY BRING AGAINST US, OR THAT SUCH LITIGATION IS
BROUGHT IN AN INCONVENIENT FORUM OR THAT FORUM IS IMPROPER.
C. You agree to accept court service of process by registered or certified
mail addressed to you at the address you provided in your customer
application, or to such other addresses as you have supplied to us in
writing, and such service shall constitute personal service of process.
D. No judicial, administrative, arbitration or reparations proceeding may be
commenced by you or us more than one (1) year after any claim arises,
directly or indirectly, out of this Agreement or the transactions
contemplated thereby. You hereby waive any statutes of limitation,
including, but not limited to, the Commodity Exchange Act's and the
National Futures Association's two (2) year limitation on actions.
E. You hereby waive any right you may have to a trial by jury.
30. HEADINGS.
The headings of the provisions hereof are for descriptive purposes only and
shall not modify or qualify any of the rights or obligations set forth in such
provisions.
CUSTOMER AGREEMENT
I ACKNOWLEDGE THAT THIS IS A CONTRACTUAL AGREEMENT. I HAVE READ IT CAREFULLY
AND, BY SIGNING, I AGREE TO BE BOUND BY EVERY TERM AND CONDITION, INCLUDING THE
CONSENTS RELATING TO JURISDICTION, VENUE, SERVICE AND LIMITATIONS ON ACTIONS SET
FORTH IN PARAGRAPH 29. NO MODIFICATION OF THIS AGREEMENT IS VALID UNLESS
ACCEPTED BY US IN WRITING AS PROVIDED IN PARAGRAPH 17. [I CONFIRM THAT I HAVE
DOWNLOADED A FULL SET OF ACCOUNT DOCUMENTS FROM YOUR WEBSITE AND I HAVE NOT MADE
ANY ALTERATIONS OR DELETIONS TO THIS AGREEMENT OR ANY SUCH DOCUMENTS FROM THE
ORIGINAL FORMS POSTED ON THE WEBSITE. IN THE EVENT THAT THERE ARE ANY
ALTERATIONS OR DELETIONS TO THIS AGREEMENT OR ANY SUCH DOCUMENTS, SUCH
ALTERATIONS AND DELETIONS SHALL NOT BE BINDING ON YOU AND SAID ORIGINAL FORMS
SHALL GOVERN MY ACCOUNT RELATIONSHIP WITH YOU.]
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
13
SIGNATURE PAGE
ACKNOWLEDGEMENT OF RISK
I hereby acknowledge that I have received, read and understand the CFTC Rule
1.55 Risk Disclosure Statement for Futures and Options on pages 1 and 2 of this
booklet. I also understand that you are relying on me to familiarize myself with
any disclosures in this booklet that are or may become applicable to my trading.
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
AUTHORIZATION TO TRANSFER FUNDS
I authorize you, at any time and without prior notice to me, to transfer any
excess funds, equities, securities or other property which you deem necessary
between my Regulated Account (i.e. any account in which there are commodity
interests governed by the Commodity Exchange Act) and any other account(s) held
by me with you or any of your affiliates, in order to reduce or satisfy any
margin deficiency or deficit. You agree to confirm any such transfer to me in
writing, and such confirmation shall be deemed reasonable notice.
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
PERMISSION TO CROSS TRADES
I hereby consent to you, your "affiliated persons" (as defined in 17 C.F.R. 155
et seq., as amended) or any floor broker acting on behalf of you or your
customers, taking, directly or indirectly, the other side of any order I place
with you, in accordance with the rules of applicable futures exchanges. You are
authorized to give my consent to any such floor broker.
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
CONSENT TO ELECTRONIC TRANSMISSION OF ACCOUNT STATEMENTS (OPTIONAL)
I hereby consent to your sending to me daily confirmation and purchase and sale
statements as well as monthly account statements (collectively "Statements")
relating to my account(s), at no additional cost to me, by electronic media
rather than by hard copy mailing. I may revoke this consent at any time upon
written notice to you.
I wish to receive electronic transmission of my Statements via e-mail at:
PLEASE PRINT E-MAIL ADDRESS CLEARLY.
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
14
ELECTRONIC ORDER ENTRY & ACCOUNT
ACCESS AGREEMENT
1. LICENSE GRANT AND RIGHT OF USE
This Agreement sets forth the terms and conditions under which we, Man Financial
Inc, shall permit you to have access to one or more terminals, including
terminal access through your internet browser, for the electronic transmission
of orders for your accounts with us. This Agreement also sets forth the terms
and conditions under which we shall permit you electronically to monitor the
activity and positions in your account (collectively, the "Service"). The
Service may be a proprietary service offered by us or a third party system
offered by another broker, vendor or exchange. For purposes of this Agreement,
the term "Service" includes all software and communication links. By this
Agreement, where we are supplying you with software for use with the Service, we
grant you non-exclusive and non-transferable license to use such software
subject to the terms hereof. You may use the software solely for your own
internal business purposes. Neither the software nor the Service may be used to
provide computer time sharing, third party training, virtual or actual hosting
or as a service bureau for any third parties. If your account has been
introduced to us, all references to us in this Agreement shall include your
broker, and your broker shall enjoy all benefits and rights hereunder. Nothing
in this Agreement alters or modifies the terms of any other agreement between
us. If the Service is sponsored by a third party, you agree that we shall enjoy
all of the rights and benefits under the terms of any agreements between the
third party Service sponsor and you as if we were a party to such agreement.
2. ACCESS
Where access is controlled by us, we shall provide you with access to the
Service. If the Service is sponsored by a third party you may need additional
consents in order to access the Service. The Service may be used to transmit,
receive and confirm execution of orders, subject to prevailing market conditions
and applicable exchange rules and regulations. We consent to your access and use
in reliance upon your having adopted procedures to prevent unauthorized access
to and use of the Service, and in any event, you agree to any financial
liability for trades executed through the Service.
If permitted by the Service, you may send and receive electronic mail, engage in
conferences and chats, download and upload files and otherwise use the Service
as permitted herein, our policies, applicable law and, if a third party
sponsored Service, the Service's terms of use and access agreement. Files that
you upload and your activity in conferences and chats are subject to review,
modification and deletion without notice to you. We reserve the right in our
sole discretion to institute or change policies at any time. Files uploaded to a
bulletin board may be subject to posted limitations on usage, reproduction
and/or dissemination, and you are responsible for adhering to such limitations
if you download them.
3. USE OF PASSWORDS
You acknowledge, represent and warrant that: (a) you have received a number,
code or other sequence which provides access to the Service (the "Password");
(b) you are the sole and exclusive owner of the Password; (c) you are the sole
and exclusive owner of any identification number, code or other sequence which
allows access to the Service via computerized online service (the "ID"); and (d)
you accept full responsibility for use and protection of the Password and the ID
as well as for any transaction occurring in an account opened, held or accessed
through the ID or the Password.
You shall be legally bound by any electronic order entry and account access
agreement with us upon clicking the "I ACCEPT" button (or other similar indicia
of acceptance) after entering the required Password or ID. You represent,
warrant and agree that any individual who has possession of any Password or ID
is your duly authorized representative, having the power and authority to
legally bind you in this manner. Such acceptance shall be deemed to be as
effective as a written signature performed manually by you and shall be deemed
to satisfy any writings requirements of any applicable law despite being written
and accepted electronically. Our electronically or other properly stored copy of
any such agreement shall be deemed to be the true, complete, valid, authentic
and enforceable copy of any such agreement. Our electronically stored record of
the date on which you accept such an agreement shall be conclusive evidence as
to the effective date. Except if there is obvious tampering or loss of data, you
shall not contest the admissibility or enforceability of our copy of any such
agreement.
4. WARRANTIES AND LIMITATION OF LIABILITY
You accept responsibility for selection and use of the Service and for any
trading and other decisions made by you based on its use. You shall not use any
Password or ID we supply to you for clearing any transaction with another
broker.
You accept responsibility for the monitoring of your account. You will
immediately notify your broker and us in writing if you become aware of the
following: (a) any loss, theft or unauthorized use of your Password(s), IDs
and/or account number(s); or (b) any failure by you to receive a message
indicating that an order was received and/or executed; or (c) any failure by you
to receive an accurate confirmation of an execution; or (d) any receipt of
confirmation of an order and/or execution which you did not place; or (e) any
inaccurate information in your account balances, positions, or transaction
history.
THE SERVICE IS PROVIDED "AS IS" AND WE MAKE NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR
OPERATION THEREOF. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS
OR SERVICES PROVIDED BY ANY THIRD PARTIES WHO MAY PROVIDE CONTENT OR OFFER OTHER
SERVICES. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
15
ELECTRONIC ORDER ENTRY & ACCOUNT
ACCESS AGREEMENT CUSTOMER AGREEMENT
TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY OR ACCURACY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING, DELIVERING OR MANAGING THE SERVICE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF OR INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF ANY
WARRANTY, INCLUDING, WITHOUT LIMITATION, THOSE FOR BUSINESS INTERRUPTION OR LOSS
OF PROFITS. THIS EXCLUSION OR LIMITATION OF LIABILITY WILL NOT APPLY TO THE
EXTENT THAT ANY APPLICABLE STATUTE PROHIBITS SUCH EXCLUSION OR LIMITATION OF
LIABILITY. ANY LIABILITY ARISING OUT OF ANY ACTION OR OMISSION BY US SHALL BE
LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT OF USER FEES PAID TO US BY YOU FOR
SERVICE ACCESS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF, OR MATERIALS
OBTAINED THROUGH, THE SERVICE. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, THIRD PARTY VENDORS, FACILITIES,
INFORMATION PROVIDERS, LICENSORS, EXCHANGES, CLEARING ORGANIZATIONS OR OTHER
SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES, INCLUDING BUT NOT LIMITED TO
THE NEW YORK STOCK EXCHANGE, INC. (EACH A "PROVIDER"), WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SERVICE.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
Neither we nor any Provider shall be liable in any way to you or to any other
person for: (a) any inaccuracy, error or delay in, or omission of (i) any such
data, information or message, or (ii) the transmission or delivery of any such
data, information or message; or (b) any loss or damage arising from or
occasioned by (i) any such inaccuracy, error, delay or omission, (ii)
non-performance, or (iii) interruption in any such data, information or message,
due either to any negligent act or omission or to any condition of "force
majeure" (e.g., flood, extraordinary weather condition, earthquake or other act
of god, fire, war, insurrection, riot, labor dispute, accident, action of
government, communications or power failure, equipment or software malfunction)
or any other cause, whether or not within our or any Provider's control.
We shall not be deemed to have received any order or communication
electronically transmitted by you until we have actual knowledge of such order
or communication. The terms contained in any confirmation issued to you through
the Service are subject to change or correction based on the trade data supplied
to us by the relevant exchange or market on which the trade was transacted.
The use and storage of any information including, without limitation, the
Password, the ID, portfolio information, transaction activity, account balances
and any other information or orders available to you through your use of the
Service is your sole risk and responsibility. You are responsible for providing
and maintaining the communications equipment (including personal computers and
modems) and telephone or alternative services required for accessing and using
the Service, and for all communications service fees and charges incurred by you
in accessing the Service.
5. REPRESENTATIONS
You acknowledge that from time to time, and for any reason, the Service may not
be operational or otherwise available for your use due to servicing, hardware
malfunction, software defect, service or transmission interruption or other
cause, and you agree to hold us and any Provider harmless from liability or any
damage which results from the unavailability of the Service. You acknowledge
that you have alternative arrangements which will remain in place for the
transmission and execution of your orders, by telephone, facsimile transmission,
or otherwise, in the event, for any reason, circumstances prevent the
transmission and execution of all, or any portion of, your orders through the
Service. In the event the Service is not operational, you agree to contact your
account executive to make alternative order entry arrangements.
You are responsible for your communications via the Service. You may not, under
any circumstances, do any of the following: (a) publish, post, distribute or
disseminate defamatory, infringing, obscene or other unlawful or offensive
material or information via the Service; (b) use the Service to threaten,
harass, stalk, abuse, or otherwise violate the legal rights (including rights of
privacy and publicity) of others; (c) intercept or attempt to intercept
electronic mail; (d) upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary
consents; (e) upload files that contain a virus or corrupted data; (f) delete
any author attributions, legal notices or proprietary designations or labels in
a file that you upload to a bulletin board; (g) falsify the source or origin of
software or other material contained in a file that you upload to a bulletin
board; (h) use the Service in a manner that adversely affects the availability
of its resources to other members; (i) send electronic mail to other users of
the Service for any purpose other than personal communication, including to
advertise or offer to sell goods or services (except as otherwise expressly
permitted by us); (j) download a file that you know (or reasonably should know)
cannot be legally distributed via the Service (a file may have been uploaded
notwithstanding such
16
ELECTRONIC ORDER ENTRY & ACCOUNT
ACCESS AGREEMENT
illegality); or (k) act, or fail to act, in your use of the Service, in a manner
that is contrary to applicable law or regulation. Your failure to observe any of
the foregoing limitations may result in civil or criminal liability, as well as
termination of your use of the Service.
You represent and warrant that you are fully authorized to enter into this
Agreement and are under no legal disability which would prevent you from
trading, and that you are and shall remain in compliance with all laws, rules
and regulations applicable to your business. You agree that you are familiar
with and will abide by any rules or procedures adopted by us and any Provider in
connection with use of the Service. Finally, you agree that you shall permit no
person access to the Service until you have provided necessary training in its
use.
You shall not (and shall not permit any third party) to copy, use, analyze,
modify, decompile, disassemble, reverse engineer, translate or convert any
software provided to you in connection with use of the Service or distribute the
software or the Service to any third party.
6. TERMINATION OF ACCESS AND LICENSE
We may, in our sole discretion, terminate or restrict your access to the
Service, and may terminate this Agreement at any time. Upon termination, any
software license granted to you herein shall automatically terminate and you
shall return to us promptly any hardware, software, manuals or other items
provided to you by us in connection with Service access. You will remain
responsible for the payment of all charges incurred before termination becomes
effective.
7. INDEMNITY
You agree to indemnify and hold harmless us and each Provider and their
respective principals, affiliates and agents from and against all claims,
demands, proceedings, suits and actions and all losses (direct, indirect or
otherwise), liabilities, costs and expenses (including attorney's fees and
disbursements), paid in settlement, incurred or suffered by us and/or a Provider
and/or our or their respective principals, affiliates and agents arising from or
relating to your use of the Service or the transactions contemplated hereunder.
This indemnity provision shall survive termination of this Agreement.
8. MISCELLANEOUS
(A) You may not amend the terms of this Agreement. We may amend the terms of
this Agreement upon notice to you (including by electronic delivery), or
if this Agreement is contained as part of a web site by posting the
amended terms to that web site. By continued access to and use of the
Service, you agree to any such amendments to this Agreement.
(B) You shall permit us by any reasonable and appropriate means to verify that
you have complied with the terms of this agreement and you agree to
cooperate fully with any such verification process.
(C) This Agreement is the entire agreement between the parties relating to the
subject hereof, and, except with respect to the brokerage agreement
between the parties, all prior negotiations and understandings between the
parties, whether written or oral, are hereby merged into this Agreement.
Nothing in this Agreement shall be deemed to supersede or modify a party's
rights and obligations under the brokerage agreement.
(D) This Agreement shall be governed by the laws of the State of Illinois
(USA) without reference to its conflict of laws principles.
LOCATION OF TERMINALS:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
EACH OF THE UNDERSIGNED XXXXXX AGREES TO THE TERMS AND CONDITIONS AS SET FORTH
IN THIS ELECTRONIC ORDER ENTRY & ACCOUNT ACCESS AGREEMENT.
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
Signature of Customer __________________ Title _________________ Date __________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
17
FORM W-8 SERIES SELECTION AND FORM W-9 TAXPAYER
IDENTIFICATION NUMBER AND CERTIFICATION
Name ___________________________________________________________________________
Account Number (to be entered by Man Financial Inc) ____________________________
Phone Number with Area Code ____________________________________________________
Address ________________________________________________________________________
City ______________________________________________ State ________ Zip _________
Unless you complete EITHER the W-8 or the W-9 sections (i.e. you fail to furnish
us with the appropriate W-8 Form or with the correct taxpayer identification
number), Man Financial Inc must withhold between 30% or 31%, whichever is
applicable, of the withdrawals and payments from your account.
W-8 SECTION CHECK APPROPRIATE BOX BELOW IF THIS IS THE ACCOUNT OF A FOREIGN
PERSON MEETING ONE OF THE FOLLOWING DEFINITIONS:
(RELATING TO
FORMS W-8BEN, [ ] A beneficial owner solely claiming foreign status or treaty
W-8ECI, W-8EXP benefits - Form W-8BEN
OR W-8IMY)
[ ] A foreign partnership - Form W-8ECI or W-8IMY
[ ] A foreign government, international organization, foreign
central bank of issue, tax-exempt organization or private
foundation - Form W-8ECI or W-8EXP
[ ] A person acting as an intermediary - Form W-8IMY
[ ] A person claiming an exemption from US withholding on
income effectively connected with the conduct of a trade or
business in the United States - Form W-8ECI
IF YOU ARE WITHIN ONE OF THESE CATEGORIES, YOU MUST COMPLETE
ONE OF THE FOUR W-8 FORMS (ENCLOSED IN THE FOREIGN ACCOUNT TAX
DOCUMENTS BOOKLET) APPLICABLE TO YOUR PARTICULAR SITUATION AND
RETURN THE FORM TO US.
W-9 SECTION PART I - TAXPAYER IDENTIFICATION NUMBER
(SUBSTITUTE FORM _______________________________
W-9) For United States citizens, legal Social Security No.
entities, or residents, provide taxpayer
identification number. For most individual OR
taxpayers the taxpayer identification
number is the social security number. _______________________________
NOTICE: For individual, joint, custodian Employer Identification No.
and sole proprietorship the social
security number is to be used.
PART II - FOR PAYEES EXEMPT FROM BACKUP
WITHHOLDING
Check the box if you are exempt from Check here [ ]
backup withholding, and enter your correct
taxpayer identification number in Part 1.
Please check the category under which the exemption is claimed:
[ ] Corporation, Domestic [ ] Trusts taxed as Corporations
[ ] Corporation, Foreign [ ] Bank Common Trust
[ ] Tax Exempt Entity, Section 501 (a) [ ] Entity registered under Investment Company Act of 1940
[ ] Foreign Person (see W-8 section) [ ] Real Estate Investment Trust
[ ] Individual Retirement Account [ ] Other _________________________________
PART III - CERTIFICATION
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a
number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I
have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding.
Certification Instructions -- You must cross out item 2 above if you have been notified by the IRS
that you are currently subject to backup withholding because you have failed to report all interest
and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to
an individual retirement arrangement (IRA), and generally, payments other than interest and dividends,
you are not required to sign the Certification, but you must provide your correct taxpayer
identification number.
Signature: ___________________________________________________________ Date: _________________________
18
CORPORATE RESOLUTIONS
I, ___________________________, do hereby certify that I am the duly elected and
acting Secretary of _______________________________ (the "Corporation"), a
corporation validly existing under the laws of_______________________________,
and I do further certify that the following resolutions were duly adopted by the
Board of Directors of the Corporation in accordance with applicable statutes and
the Corporation's charter and by-laws, and that such resolutions have not been
rescinded and are now in full force and effect.
WHEREAS, the Corporation has full corporate power and authority under its
charter, by-laws and the laws of its domicile to enter into contracts for the
purchase, receipt, sale (including short sale) and delivery of, whether directly
or indirectly through investments in managed investment products or otherwise,
commodity futures contracts, commodities, options on commodity futures
contracts, physical commodities, including foreign futures and options, forward
contracts, securities, equity, debt and related investments (collectively
"Contracts").
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
RESOLVED, that it is in the best interest of this Corporation to engage in
trading and otherwise dealing in Contracts; and it is
FURTHER RESOLVED, that the Corporation is hereby authorized to open and
maintain, on margin or otherwise, one or more accounts (the "Account") with Man
Financial Inc and its affiliates (collectively the "Company"); and it is
FURTHER RESOLVED, that any Agent (as described below) be, and hereby is,
authorized and empowered to give written or verbal instructions to the Company
to buy or sell (including the power to sell "short") Contracts, and at all times
shall have the authority to bind and obligate the Corporation with respect to
any matter which is, in any way, related to the establishment and maintenance of
the Account, including, but not limited to, the authority to settle, compromise,
adjust and give releases; and it is
FURTHER RESOLVED, that, in order to induce the Company to act as broker and/or
dealer on behalf of the Corporation, the opening and maintenance of the Account
with the Company and its successors and assigns and the execution and delivery
of the Risk Disclosure Statement Acknowledgments, Customer Agreements and any
other document related to the opening or maintenance of the Account
(collectively "Agreements") is hereby authorized and the President or any Vice
President of the Corporation or __________________________________(collectively,
the "Agents") is xxxxxx directed to execute such Agreements, and any amendments
thereto, by and on behalf of the Corporation and to deliver the same to the
Company, the Corporation hereby ratifying all action of any of the Agents taken
with regard to the Account; and it is
FURTHER RESOLVED, that the Company is authorized to register any securities in
the Account in street name or in such other name as the Company or any of the
Agents should deem advisable and to receive for the Account any and all cash,
checks, securities or other property delivered to it by any person, firm or
corporation for the account of the Corporation; and it is
FURTHER RESOLVED, that the Agents be and each of them hereby is authorized and
empowered to withdraw any and all monies, securities, or other property from
time to time carried in any accounts of the Corporation or to direct the
delivery or payment thereof to any person, firm or corporation designated by any
of the Agents, and
The Company is hereby authorized to follow any and all instructions from each of
the Agents as to the transfer and/or delivery of any such money, securities or
other property and with respect to any transaction on behalf of the Account; and
it is
FURTHER RESOLVED, that it is the intention of the Corporation to give the
Agents, and each of them, the broadest possible power with respect to the
Accounts; and the Corporation agrees to hold the Company harmless against any
and all claims, liabilities or expenses (including attorney's fees ) that may
arise by reason of its following any directions, instructions and orders given
to it by any of the Agents in respect of the Account; and it is
FURTHER RESOLVED, that all confirmations of transactions for the Accounts and
all notices shall be delivered by the Company in writing or verbally to
_____________________________________, his successor or any other person
designated in his stead, and such person is or will be someone other than a
person authorized to purchase or sell Contracts for or in the name of the
Corporation.
___________________________________________________ _________________________
Secretary's Signature Date
(AFFIX CORPORATE SEAL)
(Continued next page)
19
CORPORATE RESOLUTIONS
In addition, in order to induce the Company to accept the Account in the name of
this Corporation, this Corporation represents, warrants and agrees as follows:
(a) In the event the foregoing resolutions are rescinded or amended at any time,
or any of the representations and warranties in the Customer Agreement cease to
be true and correct at any time, the Corporation will promptly notify the
Company at the address for notices set forth in the Customer Agreement.
(b) The Corporation has not and will not solicit or accept any monies or other
property of any kind or nature whatsoever from any person or entity for
speculating or trading in Contracts.
(c) The Corporation agrees to indemnify and hold the Company, its successors and
assigns harmless against and from any loss, expense, damage or liability
incurred because any of the above representations or warranties shall, at any
time, not be true and correct or the above Agreements shall not have been fully
performed by the Corporation.
I hereby certify that each of the following officers has been duly elected and
authorized to execute this Agreement on behalf of the Corporation and that the
signatures are genuine signatures.
President Full Name____________________ Signature ____________________
Vice President Full Name ___________________ Signature ____________________
___________________ Full Name____________________ Signature ____________________
Title
___________________ Full Name____________________ Signature ____________________
Title
I, IN MY CAPACITY AS SECRETARY OF THE CORPORATION, HEREBY CERTIFY THAT THE
FOREGOING IS A FULL, TRUE AND CORRECT COPY OF THE RESOLUTIONS DULY ADOPTED BY A
UNANIMOUS VOTE OF THE BOARD OF DIRECTORS OF THE CORPORATION AT A MEETING AT
WHICH ALL DIRECTORS WERE PRESENT AND VOTED; THAT SAID RESOLUTIONS APPEAR IN THE
MINUTES OF SAID MEETING; AND THAT SUCH RESOLUTIONS HAVE NOT BEEN RESCINDED OR
MODIFIED AND ARE NOW IN FULL FORCE AND EFFECT.
___________________________________________________ ________________________
Secretary's Signature Date
(AFFIX CORPORATE SEAL)
20
PARTNERSHIP OR L.L.C. AUTHORIZATION
In consideration of Man Financial Inc and its affiliates (the "Company")
carrying one or more accounts (the "Account") in the name of
________________________ (the "Client") which is either a duly organized (a)
partnership of which each of the undersigned is a general partner or (b) limited
liability company of which each of the undersigned is a managing member, the
undersigned jointly and severally agree that each of the following named
persons, to wit ________________________, ________________________,
________________________, ________________________, shall have authority on
behalf of the Client account to enter into contracts for the purchase, receipt,
sale (including short sale) and delivery of, whether directly or indirectly
through investments in managed investment products or otherwise, commodity
futures contracts, commodities, options on commodity futures contracts, physical
commodities, including foreign futures and options, forward contracts,
securities, equity, debt and related investments (collectively "Contracts") on
margin or otherwise; to receive on behalf of the Client account demands,
notices, confirmations, reports, statements of account and communications of
every kind, money, securities and property of every kind, and to dispose of the
same; to make on behalf of the Client account agreements relating to any of the
foregoing matters and to terminate or modify the same or waive any of the
provisions thereof; and to deal generally with the Company on behalf of the
Client account as fully and completely as if he alone were interested in said
account. The foregoing enumeration of authority shall not in any way limit or
affect any other authority which any partner may have.
The undersigned shall be jointly and severally liable to the Company for any and
all obligations arising out of transactions herein authorized and shall
immediately indemnify and hold harmless from and against any and all claims,
losses and liabilities which may arise in connection with the Client's account,
and any and all liability the Company may incur as a result of acting in
accordance with the instructions of the undersigned, including attorneys' fees
and costs, and agree (1) that any individual property of any of the undersigned
that is held by the Company is subject to a security interest in the Company's
favor to secure any amounts owing in the Client's account and (2) that the
Company has the right, but not the obligation, to liquidate and apply the
proceeds of such other property to the Client's account.
The undersigned further authorize the Company in the event of death or
retirement of any of the members of Client or the termination of the Client, to
take such proceedings, require such papers, retain such portion of or restrict
transactions in said account as the Company in its sole discretion may deem
advisable to protect it against any liability, penalty or loss. The Client fur-
ther agrees that in the event of the death or retirement of any member of the
Client the remaining members will immediately cause the Company to be notified
of such fact.
The authority herein granted is in addition to any other authority given to the
Company by any or all of the undersigned and is a continuing one and shall
remain in full force and effect until the Company shall receive at its offices
written notice of revocation or modification hereof. The Company may terminate
this agreement by written notice to the designated partner or any of the above
partners.
In the case of a general partnership, no partners will be added to or deleted
from the partnership unless the Company is notified at least ten (10) days in
advance of such addition or deletion. Additionally, the undersigned agree and
are fully aware that in the event a new partner is admitted to the partnership,
then such new partner shall not appear on the books and records of the Company
as having any interest in the account of the partnership, nor shall such partner
acquire any interest in the account of the partnership until all account forms
that the Company requests to be executed by such new partner are executed,
received and approved by the Company. In the case of a general limited
partnership or L.L.C. not registered as a commodity pool with the CFTC, the
undersigned 1) agree that no new general or limited partner or member shall be
admitted or acquire any interest in the partnership or L.L.C. without prior
written notice to the Company; and 2) represent and warrant that no money or
other property has been or will be solicited from any third party for trading in
the Account without prior written consent from the Company.
Neither the Company nor any of its employees have engaged in the formation or
operation of the Client nor shall the Company or any of its employees be held in
any way responsible for the operation or management of the Client's activity
other than acting solely as the broker for its account as set forth in the terms
of the Client's customer agreement with the Company. Each partner, whether a
general or limited partner, or member, as applicable, of the Client is aware of
and understands the substantial risks associated with trading and investing in
Contracts. Each of the undersigned affirms that each of the partners or members
have been fully apprised of the risks of trading Contracts.
Each of the undersigned shall regularly review transaction statements and
month-end statements so as to carefully monitor the activity and status of the
Client's account, and each of the undersigned shall regularly provide such
reports to its respective partners or members. Each of the undersigned will
promptly notify the Company in writing of any change of the Client's status,
material or otherwise.
______________________________________________ _______________________________
General Partner or Managing Member Date
______________________________________________ _______________________________
General Partner or Managing Member Date
______________________________________________ _______________________________
General Partner or Managing Member Date
______________________________________________ _______________________________
General Partner or Managing Member Date
21
PENSION PLAN AUTHORIZATION
Please be advised that the undersigned hereby consents to and authorizes the
establishment of an account (the "Account") at Man Financial Inc or any of its
affiliates (the "Company") for the _____________________________________________
(the "Pension Plan"), for the purpose of trading in commodity futures contracts
and options thereon, commodities, options, forward contracts, securities,
equity, debt and related investments (collectively, "Contracts"). The
undersigned further represents and warrants that the Pension Plan (a copy of
which is attached hereto) contemplates and permits, and does not prohibit, the
use of Pension Plan funds in the trading of Contracts. The undersigned has
investigated the risk of trading Contracts, and understands that such trading
has a high degree of risk. The undersigned hereby certifies that in view of the
amount of assets of the Pension Plan and the goals of the Pension Plan, that
trading Contracts is prudent. The undersigned hereby represents and certifies
that the amount of Pension Plan funds to be utilized for futures trading
represents no more than one-third of the total amount held in tax qualified
retirement funds or ERISA accounts for the Pension Plan. Further, the
undersigned agrees to notify the Company immediately if, for any reason, the
amount of funds so utilized exceeds one-third of the total amount held in tax
qualified retirement funds or ERISA accounts for the Pension Plan. The
undersigned also represents and warrants he is authorized to make the investment
decisions on behalf of the Pension Plan. Furthermore, the undersigned represents
that the Trustee(s) of the Pension Plan are authorized to sign on behalf of the
Pension Plan and that only one signatory is required to execute any and all
documentation which may be required in order to affect or enter into any
investment vehicle.
In addition, the undersigned represents and warrants that, as of the date of
this letter, the beneficiaries of the Pension Plan are over 21 years of age. The
undersigned also warrants that all future beneficiaries of the Pension Plan
shall be bound to the terms of the indemnity provided herein.
The undersigned agrees on behalf of himself and all future beneficiaries to
jointly and severally indemnify, protect and hold the Company and its directors,
officers, shareholders, employees and affiliates harmless from and against any
and all claims, demands, proceedings, suits and actions and all losses (direct,
indirect, contingent, consequential or otherwise), judgments and amounts
incurred or suffered by the Company resulting from any lawsuit, reparations
case, administrative proceeding and/or arbitration arising out of any claim by
the Pension Plan or any beneficiary or any individual or entity acting on behalf
of any beneficiary or grantor that the Pension Plan was unsuitable for trading
Contracts, that the Pension Plan and/or Trustee was not authorized to trade
Contracts, that trading Contracts was not prudent, or that the undersigned
violated any of the provisions of the Pension Plan as a result of any trading
done on behalf of the Account. This indemnity provided for herein shall survive
the termination of the Account or relationship contemplated herein.
AGREED AND ACCEPTED BY:
TRUSTEE(S): ____________________________
____________________________
ADMINISTRATOR or
CUSTODIAN: ____________________________
22
DISCRETIONARY TRADING AUTHORIZATION/POWER OF ATTORNEY
The undersigned hereby authorizes ________________________ as the undersigned's
agent and attorney-in-fact (the "Agent" ), with full power and authority to
enter into contracts for the purchase, receipt, sale (including short sale) and
delivery of, whether directly or indirectly through investments in managed
investment products or otherwise, commodity futures contracts, commodities,
options on commodity futures contracts, physical commodities, including foreign
futures and options, forward contracts, securities, equity, debt and related
investments (collectively "Contracts" ) on margin or otherwise, in one or more
accounts ("Account") with Man Financial Inc and its affiliates (the "Company").
In all such transactions, as well as management decisions relating to the
Account, the Company is hereby authorized to follow the instructions of the
Agent; the Agent is authorized to act on behalf of the undersigned in the same
manner and with the same force and effect as the undersigned might or could with
respect to such transactions, the making and taking of deliveries and with
respect to all other things necessary or incidental to the furtherance and/or
conduct of the Account.
The Company shall have no liability for following the instructions of the Agent,
and the undersigned shall never attempt to hold the Company liable for the
Agent's actions or inactions. The undersigned understands that the Company does
not, by implication or otherwise, endorse the operating methods of such Agent.
The undersigned hereby releases the Company from any and all liability to the
undersigned or to anyone claiming through the undersigned with respect to
damage, losses or lost profits sustained or alleged to have been sustained as a
result of the Company following the Agent's instructions or for any matter
arising out of the relationship between the Agent and the undersigned and shall
indemnify the Company from any and all losses, damages, liabilities and
expenses, of any kind or nature whatsoever, arising therefrom. The undersigned
agrees to hold the Company harmless and to indemnify it as to any expense,
damage or liability sustained by it with respect to any and all acts and
practices of the Agent and attorney-in-fact regarding this account, including
all losses arising therefrom and debit balance(s) due thereof.
This authorization is a continuing one and shall remain in full force and effect
until revoked by the undersigned, or an authorized person on his behalf, by
written notice given to the Company, Attention: Director of Compliance. Such
revocation shall become effective only upon the actual receipt thereof by the
Company but shall not affect any liability in any way resulting from
transactions initiated prior to its receipt. This authorization shall inure to
the benefit of the Company, its successors and assigns. The provisions hereof
shall be in addition to and in no way shall it limit or restrict any right which
the Company may have under any agreement with the undersigned.
In addition, the Company is further authorized and directed to deduct from the
undersigned's account and pay the Agent the amount of all management fees,
incentive fees, advisory fees and/or brokerage commissions to be paid to the
Agent upon the Company's receipt of invoices from the Agent. The undersigned
understands that the Agent is solely responsible for the calculation of such
fees and commissions and that the Company has no responsibility or obligation to
determine or verify the amount or accuracy of such fees and commissions. In
addition, the undersigned acknowledges that it is responsible for the
administrative give-up fees incurred in connection with the execution of orders
by various independent floor brokers or executing brokers engaged by the Agent
and the undersigned authorizes the Company to deduct such fees from the
undersigned's account and pay such fees to the appropriate floor brokers or
executing brokers upon receipt of their invoices. The undersigned hereby agrees
to indemnify and hold harmless the Company and its affiliates and employees from
any loss, damage or dispute arising out of or relating to the calculation and
payment of such fees and commissions.
All statements, notices, correspondence and the like generated in this account
shall be sent or given to the Agent at the address shown for this account and to
the undersigned at the address indicated in the Customer's Account documents, or
to such other person or address as the undersigned may hereafter designate in
writing.
The undersigned represents that the undersigned has been provided with a
disclosure document concerning the Agent's advice (if the delivery of such
document is required by law), including any options trading advice or
strategies, which the undersigned has read and understood, or the Agent has
furnished to the undersigned a written statement, receipt of which the
undersigned acknowledges, and which the undersigned has read and understands and
a copy of which has been furnished to the Company, explaining the Agent's
exemption from registration and disclosure document requirements of the United
States Commodity Futures Trading Commission and National Futures Association.
The undersigned understands that there are many strategies that can be used in
trading options, some of which have unlimited risk of loss and could result in
the undersigned sustaining a total loss of all funds in the account and that the
undersigned is liable for any deficit in the account resulting therefrom.
Customer acknowledges that Customer has discussed with the Company and the Agent
the nature and risks of the strategy to be used in connection with options to be
traded for the undersigned's account.
EACH OF THE UNDERSIGNED XXXXXX AGREES TO THE TERMS AND CONDITIONS AS SET FORTH
IN THIS LIMITED POWER OF ATTORNEY.
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
23
LETTER OF AUTOMATIC TERMINATION
In the event my account(s) with Man Financial Inc are closed for any reason, Man
Financial Inc is authorized to consider this my letter of revocation of the
limited power of attorney required by the rules of the various contract markets.
EACH OF THE UNDERSIGNED XXXXXX AGREES TO THE TERMS AND CONDITIONS AS SET FORTH
IN THIS LETTER OF AUTOMATIC TERMINATION.
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
Signature of Customer _____________________ Title _____________________ Date ______________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
24
ADVISOR'S AGREEMENT
THIRD PARTY LETTER NFA RULE 2-8(E)
The undersigned ("Advisor"), named in the foregoing Discretionary Trading
Authorization/Power of Attorney, has read the Customer Agreement between Man
Financial Inc and ________________________________________ as Customer and
agrees to abide by all the terms and conditions set forth therein and further
agrees to comply with all applicable laws, rules and regulations.
Please check the applicable statement: Advisor [] has [] has not furnished
Customer with a disclosure document in accordance with applicable rules and
regulations of the Commodity Futures Trading Commission and the National Futures
Association. If Advisor has provided Customer with a disclosure document, a copy
of it must be furnished to Man Financial Inc. If a disclosure document has not
been furnished to Customer, please indicate below the reasons why.
____ a) I have provided advice to 15 or fewer persons during the past 12 months
and do not hold myself out generally to the public as a CTA.
____ b) I am a (1) dealer, processor, broker, or seller in cash market
transactions or (2) nonprofit, voluntary membership, trade association, or
farm organization, who provides advice on the sale or purchase of
commodities, and any trading advice is solely incidental to the conduct of
my business.
____ c) I am registered as an associated person and my advice is issued solely
in connection with my employment as an associated person.
____ d) I am a relative of the account holder. My relationship to the account
holder is __________________________________.
____ e) I (We) am (are) a foreign-based entity, located outside the United
States, and I (we) only solicit non-U.S. persons.
____ f) I am operating under a 4.7 exemption.
If Advisor is a corporation, partnership or other type of association, attached
is a list of all individuals of such corporation, partnership or association who
may exercise discretion over the Account: _____________________________________.
Advisor's Signature ______________ Date _________ Social Security # ____________
Street Address _________________________________________________________________
City _________________ State ______ Zip ____________ Phone Number ______________
Current employer _________________________ Title _______________________________
25
HEDGE ACCOUNT AGREEMENT & INSTRUCTIONS
This notification is a continuing one and shall remain in force until canceled
in writing by the undersigned.
Commodity Futures Trading Commission Regulation 190.06(d) requires that a
commodity broker must provide an opportunity for each customer to specify when
undertaking its first hedging contract whether, in the event of the commodity
broker's bankruptcy, such customer prefers that open commodity contracts held in
a hedging account be liquidated by the Trustee. Accordingly, please indicate
below your preference for open contracts in your account if such an event were
to occur.
I prefer that, in the event of Man Financial Inc's bankruptcy, the Trustee:
- liquidate
- transfer (to another firm as designated)
all open commodity positions in my hedge account. [Note: If neither box is
checked, Customer will be deemed to have chosen to have all its hedging
positions liquidated.]
All positions taken in this account will be bona fide hedging transactions as
described in the Commodity Exchange Act, as amended, and Regulation 1.3(z)
promulgated thereunder. Customer agrees that all transactions and positions
executed or carried in this account will be consistent with these provisions as
presently construed or as amended from time to time. It is agreed that positions
carried in the account will be strictly for hedge purposes, and not for
speculation, and that a separate account must be used to accommodate non-hedge
trades. It is further agreed that Man Financial Inc will rely on the
representation that all trades made in this account are bona fide xxxxxx and
that it shall have no obligation to inquire into or verify the nature of such
trades or incur any liability if, in fact, they may not be such.
Positions and transactions carried for this account in the following commodities
are for bona fide hedging positions:
Commodities or Products: (1) ____________________ (2) ________________________
(3) ____________________ (4) ________________________
(5) ____________________ (6) ________________________
Maximum Annual Requirements: ___________________________________________________
EACH OF THE UNDERSIGNED XXXXXX AGREES TO THE TERMS AND CONDITIONS AS SET FORTH
IN THIS HEDGE ACCOUNT AGREEMENT.
Signature:_________________________________________ Date: _____________________
Signature:_________________________________________ Date: _____________________
Signature:_________________________________________ Date: _____________________
Signature:_________________________________________ Date: _____________________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
26
ACCOUNT GUARANTEE
In order to induce Man Financial Inc and its affiliates (the "Company") to enter
into the Customer Agreement with __________________ ("Customer"), and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned hereby and, in the case of multiple guarantors,
jointly and severally guarantee(s) the prompt, full and complete performance of
any and all of the duties and obligations of Customer to the Company and the
payment of any and all indebtedness, damages, costs and expenses due the Company
by Customer.
This Guarantee shall remain in full force and effect until the termination of
the Customer Agreement between Customer and the Company; provided, however, that
the undersigned shall not be released from his/her/its obligations hereunder so
long as any claim of the Company against Customer which arises out of, or
relates to, directly or indirectly, said Customer Agreement, is not settled or
discharged in full.
The undersigned hereby expressly waives (a) notice of acceptance of this
Guarantee by the Company, (b) notice of non-performance of Customer of any of
its duties or obligations as set forth in the Customer Agreement, (c) notice of
any modification to the Customer Agreement or any extension of time granted to
the Customer, and (d) all defenses, offsets and counterclaims which the
undersigned may at any time have to any claim of the Company against the
Customer.
The Company may in its discretion proceed against the undersigned, jointly and
severally, to collect any obligation covered by this Guarantee without first
proceeding against Customer or any other guarantor. Upon five days notice by the
Company, the undersigned shall pay any and all indebtedness, damages, costs and
expenses due the Company by Customer and shall perform any and all duties and
obligations of Customer to the Company.
This Guarantee shall be construed pursuant to the laws of the State of Illinois
without regard to any of its conflicts of laws, principles or rules, and shall
inure to the benefit of the Company, its successors and assigns, and shall be
binding on the undersigned and his/their heirs and assigns. The undersigned
cannot assign this Guarantee without the express written consent of the Company.
Any notice to be given to the undersigned may be sent to the address provided
below, whether by mail, telegraph, messenger or otherwise, and shall be deemed
given to the undersigned personally whether or not actually received.
All actions or proceedings arising with respect to any controversy arising out
of this Guarantee shall be litigated only in courts whose situs is within the
State of Illinois and the undersigned hereby submits to the jurisdiction of the
courts of the State of Illinois and the jurisdiction of the United States
District Court of the Northern District of Illinois, Eastern Division. The
undersigned shall accept court service of process by registered or certified
mail addressed to the address provided below or such other address as the
undersigned has supplied to the Company in writing and such service shall
constitute personal service of such process. The undersigned waives any right
the undersigned may have to transfer or change the venue of any litigation
brought against the undersigned by the Company.
All monies, securities, negotiable instruments, open positions on futures
contracts, option premiums, commodities or other property of any kind or nature
whatsoever, now or at any future time on deposit with the Company in the
undersigned's accounts are hereby pledged with the Company and shall be subject
to a security interest in the Company's favor for the discharge of all of the
undersigned's obligations hereunder, and the Company may, in its discretion,
transfer any of such property from any of the undersigned's accounts to the
account of Customer when in the Company's sole discretion and judgment such
transfer is necessary or appropriate.
Each of the undersigned acknowledge his understanding that the Company has
allowed the Customer to trade his account in reliance upon this Guarantee.
____________________________________________ _________________________________
Signature of Guarantor, Individually Print Guarantor's Name
____________________________________________ _________________________________
Guarantor's Income Guarantor's Net Worth
____________________________________________ __________ ____________ _________
Street Address City State Zip
____________________________________________ _________________________________
Phone Number (including Area Code) Social Security Number
27
ARBITRATION AGREEMENT
(OPTIONAL)
Any controversy between Man Financial Inc ("Broker") and the Customer arising
out of or relating to Customer's Account(s) shall be, except as provided below,
resolved by arbitration in accordance with Part 180 of the regulations
promulgated under the Commodity Exchange Act, as amended. If, by reason of any
applicable statute, regulation, exchange rule or otherwise, other than the
Customer's entitlement to commence reparations proceedings under Section 14 of
the Commodity Exchange Act and Part 12 of the Regulations promulgated thereunder
(17 C.F.R. Section 12 et seq.), the Customer's advance agreement to submit a
controversy to arbitration would not be enforceable by Broker, this provision
shall not permit the Customer to enforce Broker's advance agreement to submit to
arbitration. Any award rendered in such arbitration shall be final and binding
on and enforceable in accordance with the laws of any court having jurisdiction.
At such time that Customer notifies Broker that Customer intends to submit a
claim to arbitration or at such time that Broker notifies Customer of Xxxxxx's
intent to submit a claim to arbitration, Customer will have the opportunity to
elect a qualified forum for conducting the proceeding. Within ten business days
after receipt of such notice from Customer or at the time Broker so notifies
Customer, Broker must provide Customer with a list of organizations whose
procedures qualify them to conduct arbitration in accordance with Part 180 of
the Regulations promulgated under the Commodity Exchange Act, together with a
copy of the rules of each forum listed. One of these organizations will be the
National Futures Association. Customer's failure to select an organization gives
the Broker the right to select an organization.
Broker will pay any incremental fees which may be assessed by a qualified forum
for provision of a mixed panel, unless the arbitrators in a particular
proceeding determine that the Customer has acted in bad faith in initiating or
conducting that proceeding.
THREE FORUMS EXIST FOR THE RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT
LITIGATION, REPARATIONS AT THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") AND
ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION.
THE CFTC RECOGNIZES THAT THE OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION MAY
IN SOME CASES PROVIDE MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY TO
OBTAIN AN EXPEDITIOUS AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING
SUBSTANTIAL COSTS. THE CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY
EXAMINE THE RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT TO THIS
ARBITRATION AGREEMENT BE VOLUNTARY.
BY SIGNING THIS AGREEMENT, YOU (1) MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT
OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR
COUNTERCLAIMS WHICH YOU OR THE BROKER MAY SUBMIT TO ARBITRATION UNDER THIS
AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION
THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY
EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO
THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF THE
BROKER INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION
OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION
14 "REPARATIONS" PROCEEDINGS BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE
DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION.
YOU NEED NOT SIGN THIS AGREEMENT TO OPEN AN ACCOUNT WITH MAN FINANCIAL INC. SEE
17 CFR 180.1-180.5.
The Customer is advised that if the Customer seeks reparations under Section 14
of the Commodity Exchange Act and Part 12 of the Regulations promulgated
thereunder and the CFTC declines to institute reparations proceedings, the
claims or grievances will be subjected to this Arbitration Agreement and those
aspects of the claims or grievances that are not subject to the reparations
procedure (i.e. do not constitute a violation of the Commodity Exchange Act or
the rules promulgated thereunder) may be required to be submitted to the
arbitration or other dispute settlement procedure set forth in this Arbitration
Agreement.
EACH OF THE UNDERSIGNED XXXXXX AGREES TO THE TERMS AND CONDITIONS AS SET FORTH
IN THIS ARBITRATION AGREEMENT.
Signature:__________________________________ Date: ___________________________
Signature:__________________________________ Date: ___________________________
Signature:__________________________________ Date: ___________________________
Signature:__________________________________ Date: ___________________________
IF A PARTNERSHIP ACCOUNT, EACH GENERAL PARTNER MUST SIGN; IF A CORPORATE
ACCOUNT, AN AUTHORIZED OFFICER MUST SIGN; IF AN L.L.C. ACCOUNT, EACH MANAGING
MEMBER MUST SIGN; IF A TRUST ACCOUNT, EACH TRUSTEE MUST SIGN.
28
TRANSFER AUTHORIZATION
Instruction to Transfer Account to Man Financial Inc
Account Number(s) at Delivering Broker: ________________________________________
Delivering Broker: ___________________________________________________________
Main Office Address: ___________________________________________________________
___________________________________________________________
(I) (We) direct the transfer of the above account(s) to Man Financial Inc
subject to its approval and compliance with the applicable laws. The Delivering
Broker shall deliver to Man Financial Inc all open positions and securities held
for the above account(s), pay Man Financial Inc any net credit balance, and
cancel any outstanding open orders. Man Financial Inc shall notify the
Delivering Broker promptly if the transfer is not approved for any reason. If
transfer is approved, Man Financial Inc shall pay the Delivering Broker any net
debit balance.
All parties must sign.
Signature __________________________________ Date ____________________________
Signature __________________________________ Date ____________________________
Signature __________________________________ Date ____________________________
Signature __________________________________ Date ____________________________
Man Financial Inc Account Number(s): ___________________________________________
________________________________________
Customer Name: _________________________________________________________________
Address: _______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
NOTE:
Please provide a copy of your most recent statement or account status report
from the transferring broker.
29
TRANSFER AUTHORIZATION
This page is the reverse side of your Transfer Authorization. If you are
transferring your account from another brokerage firm, you should complete this
document and return in accordance with the instructions on inside front cover.
30
ELECTRONIC TRADING & ORDER ROUTING SYSTEMS DISCLOSURE STATEMENT
Electronic trading and order routing systems differ from traditional open outcry
pit trading and manual order routing methods. Transactions using an electronic
system are subject to the rules and regulations of the exchanges(s) offering the
system and/or listing the contract. Before you engage in transactions using an
electronic system, you should carefully review the rules and regulations of the
exchange(s) offering the system and/or listing contracts you intend to trade.
DIFFERENCES AMONG ELECTRONIC TRADING SYSTEMS
Trading or routing orders through electronic systems varies widely among the
different electronic systems. You should consult the rules and regulations of
the exchange offering the electronic system and/or listing the contract traded
or order routed to understand, among other things, in the case of trading
systems, the system's order matching procedure, opening and closing procedures
and prices, error trade policies, and trading limitations or requirements, and
in the case of all systems, qualifications for access and grounds for
termination and limitations on the types of orders that may be entered into the
system. Each of these matters may present different risk factors with respect to
trading on or using a particular system. Each system may also present risks
related to system access, varying response times and security. In the case of
Internet-based systems, there may be additional types of risks related to system
access, varying response times and security, as well as risks related to service
providers and the receipt and monitoring of electronic mail.
RISKS ASSOCIATED WITH SYSTEM FAILURE
Trading through an electronic trading or order routing system exposes you to
risks associated with systems or component failure. In the event of system or
component failure, it is possible that, for a certain time period, you may not
be able to enter new orders, execute existing orders, or modify or cancel orders
that were previously entered. System or component failure may also result in
loss of orders or order priority.
SIMULTANEOUS OPEN OUTCRY PIT AND ELECTRONIC TRADING
Some contracts offered on an electronic trading system may be traded
electronically and through open outcry during the same trading hours. You should
review the rules and regulations of the exchange offering the system and/or
listing the contract to determine how orders that do not designate a particular
process will be executed.
LIMITATION OF LIABILITY
Exchanges offering an electronic trading or order routing system and/or listing
the contract may have adopted rules to limit their liability, the liability of
FCMs, and software and communication system vendors and the amount of damages
you may collect for system failure and delays. These limitations of liability
provisions vary amount the exchanges. You should consult the rules and
regulations of the relevant exchange(s) in order to understand these liability
limitations.
Each exchange's relevant rules are available upon request from the industry
professional with whom you have an account. Some exchanges' relevant rules also
are available on the exchange's Internet home page.
31
NYMEX ACCESS RULES 6.26 AND 6.27
NYMEX RULE 6.26
RULE 6.26 LIMITATION OF LIABILITY
(A) Except as provided in Rule 6.27, and except in instances where there has
been a finding of willful or wanton misconduct, in which case the party
found to have engaged in such conduct cannot avail itself of the
protections of this rule, neither the Exchange, American Telephone and
Telegraph Company ("AT&T"), except as otherwise provided by any agreement
with AT&T, Task Management, Inc. ("TMI"), Members, Member Firms, Clearing
Members, Electronic Traders, nymex access Operators or other persons
acting as agents in causing the orders of others to be entered into nymex
access, nor any of their respective officers, directors, employees,
agents, or designees shall be liable to any person, including a customer,
for any losses, damages, costs or expenses (including, but not limited to,
loss of profits, loss of use, direct, incidental, or consequential
damages) arising from:
(1) any failure or malfunction, including any inability to enter or
cancel orders, of nymex access or any Exchange AT&T or TMI Services
or facilities used to support nymex access; or
(2) any fault in delivery, delay, omission, suspension, inaccuracy or
termination, or any other cause in connection with the furnishing,
performance, maintenance, use of or inability to use all or any part
of nymex access or any services or facilities used to support
nymex access.
The foregoing shall apply regardless of whether a claim arises in
contract, tort, negligence, strict liability or otherwise;
furthermore, it shall not limit the liability of any Member, Member
Firm, Clearing Member, Electronic Trader, nymex access Operator or
other person acting as an agent in causing the orders of other to be
entered into nymex access or any of their respective officers,
directors, employees, agents, or designees for any act, incident or
occurrence within their control.
(B) There are no express or implied warranties or representations provided by
the Exchange, AT&T or TMI relating to NYMEX ACCESS or any Exchange. AT&T
or TMI Services or facilities used to support NYMEX ACCESS, including, but
not limited to, warrenties of merchatability and warranties of fitness for
a particular purpose or use.
(C) Any dispute arising out of the use of nymex access or Exchange, AT&T or
TMI services or facilities used to support nymex access in which the
Exchange or any of its officers, Directors, employees, agents, or
designees is a party shall be construed and enforced in accordance with
the laws of the state of New York without regard to conflict of laws,
rules or procedures. Any actions, suits, or proceedings against any of the
above must be brought within two years from the time that a cause of
action has accrued, and any party bringing such action consents to
jurisdiction in the U.S. District Court for the Southern District of New
York and waives any objection to venue. This provision shall in no way
create a cause of action and shall not authorize an action that would
otherwise be prohibited by nymex Rules.
(D) Notwithstanding any of the foregoing provisions, this rule shall in no way
limit the applicability of any provision of the Commodity Exchange Act or
the CFTC's regulations.
NYMEX RULE 6.27
RULE 6.27. NYMEX PERSONNEL - LIMITATION OF LIABILITY
(A) The Exchange shall provide employees in the nymex access Control Center
("NACC") and elsewhere to perform certain services for Members, Member
Firms, Clearing Members, Electronic Traders and nymex access Operators
with respect to nymex access. Such employees may not always be available
to assist Members, Member Firms, Clearing Members, Electronic Traders and
nymex access Operators. The Exchange shall be liable when such employees
negligently: (1) cancel, or fail to cancel, orders resting in nymex
access; (2) deactivate a nymex access terminal, in which case only those
orders that were resting in the system at the time of deactivation may be
basis for an allowable claim; (3) fail to deactivate a nymex access
terminal pursuant to valid instructions, in which case those orders that
were entered or matched after the instruction was received by the NACC,
but before the NACC has had a reasonable period of time to act upon such
instruction, shall not form the basis for an allowable claim; and (4)
issue passwords to unauthorized persons.
(B) The liability of the Exchange for the above shall be limited as follows:
(1) $10,000 for any single claim; and
(2) $100,000 for all claims arising out of the negligent actions or
failures to act of all nymex employees on any single day.
(C) A single claim shall mean a loss resulting from all actions or failures to
act as described above that were performed negligently by all nymex
employees with respect to a single order entered through nymex access, or
multiple orders entered through nymex access for a single customer. Such
claim may be brought by the Member, Member Firm, Clearing Member, or
Electronic Trader who (or whose customer) was damaged.
(D) If the number of allowed claims arising out of the negligent actions or
failures to act of all nymex employees on a single day cannot be fully
satisfied because of the above limitations, all such claims shall be
limited to a pro share of the maximum per day amount.
(E) ARBITRATION OF CLAIMS - A claim against the Exchange for the negligent
actions or failures to act enumerated above of the NACC employees shall
only be allowed if such claim is brought pursuant to and in accordance
with this Rule.
32
NYMEX ACCESS RULES 6.26 AND 6.27
CONTINUED
1 - NOTICE OF CLAIM
(a) A written notice of the claim, including the amount of the loss incurred
as a result of the alleged negligent action, must be presented to the
Exchange within ten days following the nymex access trading session during
which the negligent action allegedly occurred.
(b) The Exchange shall have twenty days from receipt of such notice to
satisfy, agree to pay subject to the limits in this Rule or dispute the
claim. No payment in satisfaction of a claim may exceed the limits in this
Rule. The Exchange shall notify the Member, Member Firm, Clearing Member
or Electronic Trader if the Exchange disputes the claim.
2 - FILING A CLAIM/ANSWER
(a) A Member, Member Firm, Clearing Member, or Electronic Trader shall file a
formal claim, on behalf of itself or a customer, within twenty days of
notification that the Exchange disputes the claim. Failure to file a
formal claim shall result in dismissal of the claim.
(b) The Exchange shall file an answer within twenty days of receipt of a
normal claim. Failure to file an answer shall constitute an admission of
liability, and the Exchange shall be required to pay the amount of the
claim; provided however, that no such payment may exceed the limits in
this Rule.
3 - ARBITRATION PANEL
(a) All disputed claims shall be submitted to an arbitration panel for binding
arbitration. The panel shall consist of three panelist selected from a
list of arbitrators maintained by the National Futures Association
("NFA"). The claimant and the Exchange shall each select one panelist. The
President of NFA shall choose the third panelist.
(b) No person shall serve as a panelist unless and until he has first pledged
to the Exchange that he will not publish, divulge, or make known in any
manner, any facts or information regarding the business of any person or
any other information which may come to his attention in his official
capacity as a member of the panel, except when called upon to testify in
any judicial or administrative proceeding.
(c) Each person serving on the panel shall comply with the standards of the
American Bar Association - American Arbitration Associations "Code of
Ethics for Arbitrators in Commercial Disputes", incorporated herein by
reference.
(d) No person shall serve on an arbitration panel if he has a personal or
financial interest in the matter under consideration.
4 - HEARING
(a) The panel shall consider all relevant testimony and documents submitted by
the claimant and the Exchange. Each party has the right to be present at
the hearing, to be represented by counsel at his own expense, to examine
all relevant documents prior to and during the hearing, to present all
relevant evidence in support of or as rebuttal to a claim or defense, and
to question witnesses during the hearing. Testimony shall be taken under
oath or affirmation.
(b) The panel may require any Member, Member Firm, Clearing Member or
Electronic Trader, or any person employed by or associated with a Member,
Member Firm, Clearing Member or Electronic Trader, or persons employed by
the Exchange or other persons having an interest in the claim, to appear,
to testify or produce relevant documents. The panel shall have the power
to issue and enforce subpoenas in accordance with the procedures of the
American Arbitration Association. Whenever such production or appearance
results from the request of a party, all reasonable costs incurred shall
be borne by the party making the request, unless directed otherwise by the
panel.
(c) The panel shall be the sole judge of the law and the facts, but if the
panel is in doubt as to any questions of law, it may refer the question to
Exchange legal counsel for an opinion. The panel shall not be bound by the
formal rules of evidence. Ex parte contracts by any of the parties with
persons on the arbitration panel shall not be permitted.
(d) An audio recording of the proceeding shall be made and maintained until
the decision becomes final. A verbatim record of such recording shall not
be transcribed unless requested by a party, who shall bear the costs of
transcription.
5 - DECISION
(a) Within thirty days of a completed hearing, the panel shall issue a written
decision. The amount of any award issued by the panel shall be limited to
the lesser of the actual loss or the loss that would have occurred if the
claimant had diligently taken all necessary actions to mitigate the loss.
The decision of a majority of the panel shall be final, and there shall be
no appeal.
(b) An award shall be satisfied within three business days of receipt of the
notice of decision. However, a party may, within three business days,
request the arbitration panel to modify or correct its decision when there
has been an obvious material miscalculation or misdescription or where the
decision is imperfect in a matter of form not affecting the merits of the
controversy.
6 - APPLICABILITY OF COMMODITY EXCHANGE ACT
Notwithstanding the foregoing, this Rule shall in no way limit the applicability
of any provision of the Commodity Exchange Act or the CFTC's regulations.
33
AVERAGE PRICE SYSTEM DISCLOSURE
The following questions and answers are being provided to you as required by
Chicago Mercantile Exchange Rule 553-Average Price System (APS).
QUESTIONS AND ANSWERS TO ADDRESS KEY FEATURES OF RULE 553. - AVERAGE PRICE
SYSTEM
1) What is the Average Price System ("APS")?
APS will enable a clearing member to confirm to customers an average price
when multiple prices are received on an order or series of orders for the
same accounts. For example, if any order transmitted by an account manager
on behalf of several customers is executed at more than one price, those
prices may be averaged and the average may be confirmed to each customer.
Customers will have the choice of participating in APS.
(2) Does an order subject to APS have to be for the same commodity?
Yes. An APS order may be used for futures, options or combination
transactions. An APS order for futures must be for the same commodity and
month and for options, it must be for the same commodity, month, put/call
and strike.
(3) Does the clearing firm calculate the average? How is the average
calculated?
The CME computes the average by multiplying the price by the quantity
executed at each price divided by the total quantity.
(4) Is the APS process limited to discretionary accounts?
No. APS may also be used for a non-discretionary account upon request of a
customer.
(5) What will appear on a customer's confirmation and monthly statement for
a position that has been confirmed at an average price?
An APS indicator will appear on the confirmation and monthly statement.
This indicator will notify the customer that the confirmed price
represents an average price or rounded average price.
(6) Is a clearing firm required to provide any specific disclosure to a
customer prior to entering an APS order for a customer?
A firm should describe certain features of APS to customers. For example,
a firm should inform a customer that the average price is not the actual
execution price and that APS will calculate the same price for all
customers that participate in the order.
Each clearing firm should decide how to communicate this information to
the customer. If the firm or account controller provides the information
in these Questions and Answers to the customer, the CME believes that will
satisfy any disclosure obligation. Similarly, if the firm provides the
information to the pool operator, the CME believes this will satisfy any
disclosure obligation to a commodity pool. A firm may choose to provide
the information orally rather than providing a written copy of these
Questions and Answers.
(7) Can APS be used when a series of orders are entered for a group of
accounts?
Yes. For example, a bunched APS order (an order that represents more
than one customer account) executed at 10:00 a.m. could be averaged with a
bunched APS order executed at 12:00 p.m. provided that each of the bunched
orders is for the same accounts. In addition, market orders and limit
orders may be averaged, as may limit orders at different prices, provided
that each order is for the same account.
(8) What will happen if an APS order is only partially executed?
For example, at 10:00 a.m. a buy 100 APS DEC S&P 500 futures order is
transmitted at a limit price of 376.00; 50 are executed at 376.00 and the
balance was not filled. At 12:00 p.m. a buy 100 APS DEC S&P futures order
is transmitted at a limit price of 375.00; 50 are executed at 375.00, and
the balance was not filled. Both orders are part of a series for the same
group of accounts.
In the above example, the two prices will be averaged. If the order was
placed for more than one account, the account controller must rely on
pre-existing allocation procedures to determine the proportions in which
each account will share in the partial fill.
(9) Is there a requirement that a firm confirm the average price rather than
the rounded average price?
No. Each firm will have the choice of confirming the actual average price
or the rounded to the next price increment. If a clearing firm confirms
the rounded average price, the firm must round the average price up to the
next price increment for a buy order or down to the next price increment
for a sell order. The rounding process will create a cash residual of the
difference between the actual average price and the rounded average price
that must be paid to the customer.
(10) What will happen if the actual average or the residual is a price that
does not conform to a whole cent increment?
APS may produce prices that do not conform to whole cent increments. In
such cases, any amount less than one cent may be retained by the clearing
member. For example, if the total residual to be paid to a customer on a
rounded average price for 10 contracts is $83.333333, the clearing firm
may pay to the customer $83.33.
(11) Will a customer be able to obtain information regarding the actual
execution prices of a trade that has been confirmed at an average price?
Yes. The customer should contact the firm carrying the customer's
account to obtain the actual execution prices. If the firm did not execute
the trade, the firm will have to contact the executing firm to obtain the
information.
34
NOTES
ELECTRONIC VERSION
35
FOR INTERNAL USE ONLY - TO BE COMPLETED BY BROKER
Name of Account Executive: _____________________________________________________
Introducing Broker (if applicable): ____________________________________________
OFFICE NUMBER: _________________ SALES CODE: _______________ Account # _________
Account Name: __________________________________________________________________
Address: _______________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
E-Mail Address: ________________________________________________________________
Customer's Occupation (Please specify in English): _____________________________
COMMISSIONS & FEES
(Please enter all ROUND-TURN RATES )
DAY OVERNIGHT SPREADS OPTIONS
1. All Exchanges __________ ___________ __________ __________
2. Chicago Exchanges __________ ___________ __________ __________
3. NY Exchanges __________ ___________ __________ __________
4. Overseas Exchanges __________ ___________ __________ __________
5. Other __________ ___________ __________ __________
6. ___________________ __________ ___________ __________ __________
7. ___________________ __________ ___________ __________ __________
8. ___________________ __________ ___________ __________ __________
9. Futures Commission to
be charged [ ] Half In/Half Out OR [ ] Round-Turn (indicate one)
10. Option Commission to
be charged [ ] Half In/Half Out OR [ ] Up -front (indicate one)
FEES: (Indicate fees to charge)
[ ] NFA Only Do you anticipate original margin
[ ] NFA, Clearing, Exchange & Brokerage ___________ requirements in excess of US $100,000? [ ] Yes
[ ] NFA, Clearing & Exchange ___________ [ ] No
[ ] Plus per side transaction fee of $
[ ] All inclusive
MARGINS: [ ] Spec [ ] Hedge
Signature of Account Executive:_________________________________________________
Account Approval: ______________________________________________________________
(Signature of IB or FIB Principal)
_______________________________________________________________
(Signature of Branch Manager)
NO TRADING PERMITTED UNTIL THE ACCOUNT IS APPROVED BY MAN FINANCIAL INC
[M LOGO]
MAN FINANCIAL INC
XXX.XXXXXXXXXXXX.XXX
TWO WORLD FINANCIAL CENTER, 00XX XXXXX
XXX XXXX, XXX XXXX 10281-2700
ONE FINANCIAL PLACE, 20TH FLOOR
000 XXXXX XXXXXXX XXXXXX, XXXXXXX, XX 00000-0000
