EXHIBIT 99(E)
Total Asset Account Agreements Account Number _____________ TAA
AGREEMENT
This Agreement sets forth the terms and conditions governing the Total Asset
Account (the "TAA") financial service to which the undersigned is applying with
X.X. Xxxxxxx & Sons, Inc. ("Xxxxxxx"). The undersigned understands that before
the TAA service is provided, it will be necessary for Bank One, Columbus, N.A.,
Columbus, Ohio (the "Bank"), to accept the undersigned's application to open a
checking account and a VISA account (a Card-Check Account) pursuant to which the
undersigned may be provided checks ("Checks") and may be issued one or more VISA
cards ("Card") to be used in connection with the TAA service. An annual fee
will be charged by Xxxxxxx for the financial services provided to the
undersigned. the annual fee may be changed at any time upon ten (10) days'
notice to the undersigned. The undersigned understands that before TAA begins
operation, the undersigned's securities margin account must have at least
$10,000 in any combination of cash or securities for an individual or business
TAA.
In consideration of Xxxxxxx, or any successor thereof, accepting one or more
accounts of the undersigned (whether designated by name, number or otherwise)
for the purchase, sale or carrying of securities, commodities and options, or
contracts relating thereto, and other property (hereafter "property"), you (the
individual, corporation, or parties involved with this account) agree to the
following:
GENERAL TERMS
1. The TAA is a regular Xxxxxxx securities margin account (the "Securities
Account") which is linked to a no-load money market trust the undersigned
designates as primary herein (the "Fund") and a Card-Check Account with
checking and VISA Card services maintained by the Bank. The Securities
Account and the Check-Card Account are collectively referred to as the
Account.
2. The undersigned acknowledges receiving a copy of the Fund prospectus with
the Program Summary Description and the Truth in Lending Disclosure. These
documents shall be referred to in this Agreement as the "Documents."
Unless the context otherwise requires, the term "this Agreement" shall
include the Documents as amended from time to time.
The undersigned agrees that Xxxxxxx may amend this Agreement by modifying
or rescinding any of its existing provisions or by adding any new
provision, at any time by sending notice of the amendment to the
undersigned. The undersigned hereby appoints Xxxxxxx as its agent in order
to effectuate any such amendment. Any such amendment shall be effective as
of the date established by Xxxxxxx.
3. All transactions shall be handled by you in accordance with and shall be
subject to all applicable federal and state laws, rules and regulations;
the constitution, rules, customs and usages of the applicable exchange,
association, market or clearinghouse; and the customs and usages of those
transacting business on such exchange, market or clearinghouse.
This agreement shall be deemed modified as necessary to conform with any
changes in those laws, rules, regulations, constitutions, customs and
usages; as modified, it will remain in full force and effect.
4. Except as stated above, no provision of this printed agreement shall in any
respect be waived, modified, amended or deleted and acceptance of this
agreement and any accounts thereunder by Xxxxxxx shall not constitute
ratification of any changes and such acceptance shall not stop Xxxxxxx from
asserting and enforcing the original provisions of this agreement unless
such changes are expressly agreed to in a separate document signed by
Xxxxxxx' Director of Operations or a designee.
5. You will settle transactions when due and will maintain with Xxxxxxx
collateral in the form of monies or property acceptable to Xxxxxxx of such
value as Xxxxxxx may require; on demand, you will immediately make payment
on the entire amount or such part as Xxxxxxx may require.
6. The following disclosure is required by various regulatory entities but
shall not limit the applicability of the following arbitration provision to
any controversy, claim or issue in any controversy or claim that may arise
between you and Xxxxxxx:
a) ARBITRATION IS FINAL AND BINDING ON THE PARTIES.
b) THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT,
INCLUDING THE RIGHT TO JURY TRIAL.
c) PREARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT
FROM COURT PROCEEDINGS.
d) THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR
LEGAL REASONING, AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK
MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED.
e) THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF
ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
f) NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO
ARBITRATION, OR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION AGREEMENT
AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION,
OR WHO IS A MEMBER OF A PUTATIVE CLASS WHO HAS NOT OPTED OUT OF THE
CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS
ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS
IS DECERTIFIED; OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY
THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL
NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO
THE EXTENT STATED HEREIN.
7. You agree, and, by carrying any account for you, Xxxxxxx agrees that all
controversies between you and Xxxxxxx and any of Xxxxxxx' present or former
officers, directors, agents or employees that may arise for any reason,
shall be determined by arbitration. Any arbitration under this agreement
shall be before the National Association of Securities Dealers, Inc., or
the New York Stock Exchange, Inc., or an arbitration facility provided by
any other securities exchange of which Xxxxxxx is a member, or the American
Arbitration Association, or the Municipal Securities Rulemaking Board, in
accordance with the rules pertaining to such organization. You may choose
in the first instance whether arbitration shall be before and in accordance
with the rules of one of the aforementioned arbitration forums by
registered letter or telegram addressed to Xxxxxxx at Xxxxxxx' office in
St. Louis, Missouri. If you fail to notify Xxxxxxx of your specific choice
within five (5) days after you receive from Xxxxxxx the request to make
such choice, then Xxxxxxx may make the choice of the arbitration forum to
be used to resolve the controversy.
At least one of the arbitrators appointed to hear any controversy to be
settled by arbitration shall be currently employed full time by a member
organization of the New York Stock Exchange, Inc., unless otherwise agreed
in writing before the time of the arbitration.
This arbitration provision shall apply to any controversy, claim or issue
in any controversy arising from events that occurred before, on or after
the execution of this arbitration agreement. This arbitration provision
shall
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be interpreted according to federal law and the Federal Arbitration Act.
The award of the arbitrators, or of the majority of them, shall be final,
and judgment on the award rendered may be entered in any court, state or
federal, that has jurisdiction.
8. NO XXXXXXX EMPLOYEE IS AUTHORIZED TO ENTER TRADES FOR YOU WITHOUT YOUR
EXPRESS PRIOR APPROVAL. UNLESS YOU EXPRESSLY AGREE TO THAT AUTHORITY IN A
SEPARATE DOCUMENT SIGNED BY YOU AND XXXXXXX' DIRECTOR OF OPERATIONS OR A
DESIGNEE; YOU ALSO AGREE TO IMMEDIATELY BRING ANY UNAUTHORIZED TRADING
ACTIVITY TO THE ATTENTION OF XXXXXXX. Your acceptance of a transaction or
position in any of your accounts that was undertaken by an Xxxxxxx employee
on your behalf but was not expressly authorized by you before its entry and
not immediately objected to by you after its entry, renders that employee
your agent and precludes you from later denying that the employee was given
authority to enter orders for transactions or positions in your account at
the employee's discretion.
9. Each party executing this agreement or who is authorized to act on behalf
of the account under a separate agreement shall have authority on behalf of
the account, and for the risk and is the name of the account, and each does
hereby appoint the other his or her agent and attorney-in-fact in regard to
the account, to buy, sell (including short sales) and otherwise deal in
stocks, bonds, options and other securities, limited or unlimited, and
commodities for present or future delivery, on margin or otherwise in
accordance with Xxxxxxx' terms and conditions; to deposit with, withdraw
and receive payment or delivery from Xxxxxxx of money, commodities, stocks,
bonds, contracts for purchase or sale of commodities, and other negotiable
instruments, securities and other property; to execute checks on behalf of
the Card-Check Account; to make purchases of merchandise and services and
receive cash advances, all of which may be done for the Account or for the
individual use or Account of any one of the undersigned and all of which
will be chargeable to the Securities Account.
Each party executing this agreement indemnifies Xxxxxxx, its agents and
employees, and covenants to hold Xxxxxxx, its agents and employees,
harmless against all obligations, demands, losses or liabilities (including
attorney's fees) by whomsoever asserted, which are suffered, incurred or
paid by Xxxxxxx as a result of, or in any way arising out of, or
consequential to, transactions or actions by any other party, either
jointly or severally, or by any other party who is authorized to act on
behalf of the account.
10. Xxxxxxx may request and obtain an investigative consumer report indicating
your creditworthiness, credit standing, credit capacity, character, general
reputation, personal characteristics or mode of living. You have the
right, upon written request made within a reasonable period of time from
the date hereof, to receive from Xxxxxxx a complete and accurate disclosure
of the nature and scope of the investigation requested.
11. This agreement, its enforcement and the interest charged hereunder shall be
governed by the laws of the state of New York, shall cover individually and
collectively all accounts that you may at any time maintain with Xxxxxxx,
shall inure to the benefit of Xxxxxxx, any successor or assigns, and shall
be binding on you, your executors, administrators, successors, heirs and
assigns. Provisions concerning the Card/Card-Check account shall be
governed by the laws of the state of Ohio. This agreement shall continue
in effect until your written notice of revocation is received by Xxxxxxx'
Director of Operations. Notwithstanding any such revocation, this
agreement shall remain in effect with regard to all transactions entered
into or indebtedness incurred before such revocation and all matters
pertaining thereto.
12. Unless otherwise specified by you, Xxxxxxx is authorized to enter orders
for you in its name on any exchange or other market or place where such
business may be transacted for your account and risk. You hereby authorize
Xxxxxxx to employ agents on your behalf. The identity of any such agent so
employed by Xxxxxxx on your behalf shall be disclosed to you on request.
Xxxxxxx shall have no liability to you for the errors and omissions of such
agents who are independent contractors; provided, however, that in any
controversy between
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you and such agents, Xxxxxxx shall provide to you, without expense to you,
such records and testimony of the transaction that Xxxxxxx has in its
possession.
13. You will examine all statements, confirmations, and other reports or
notices when you receive them from Xxxxxxx. Such statements,
confirmations, reports or notices shall be deemed accepted by you as
correct and conclusive if you do not notify Xxxxxxx' Customer Service
Department otherwise in writing within ten (10) days after receipt; except
in regard to transactions in options, commodities and contracts relating
thereto, when notice of any discrepancies must be provided within three (3)
days of receipt. Any such notice will be made by you via both telephone
and in written form (facsimile, telegraph, next-day delivery mail, etc.)
directed to Xxxxxxx' office in St. Louis, Missouri. You acknowledge that
because of the nature of the markets involved, positions confirmed or
deleted in error or discrepancy to Xxxxxxx' attention within the periods
specified above, any responsibility and liability for the loss will be
yours.
14. Xxxxxxx shall not be liable to you for any default by a market (Exchange)
on which you may have acquired a position. You understand that Exchanges
may change terms, rules and procedures that may affect markets adversely;
the Exchange may also default on a duty to pay its obligations or may be
unable to take or make delivery of positions traded thereon.
15. Xxxxxxx may limit the number of securities, options and commodities, or
contracts related thereto that it will place or hold for your account and
reserves the right to cease accepting orders from you for additional
securities, options and commodities, or contracts related thereto, at any
time.
16. You recognize that Xxxxxxx' recommendations are opinions because they deal
with future developments that cannot be predicted with certainty. Xxxxxxx
is not obligated to keep you abreast of developments in the market
concerning securities, options and commodities, or contracts related
thereto, and you shall be responsible for remaining informed of those
securities, options, commodities and contracts related thereto.
17. a) Xxxxxxx may from time to time make recommendations concerning the
advisability of buying, selling or holding securities, options and
commodities, or contracts relating thereto, or using a trading method
or program. You are aware that Xxxxxxx is in the business of
generating brokerage commissions, and, since this is the case, the
more trades you make, the higher will be the amount of commissions
generated. Trading programs may result in a higher number of trades
being generated and commissions charged.
b) Transactions in securities, options and commodities, or contracts
related thereto, and the market activities of Xxxxxxx or any of its
officers, employees or shareholders may be inconsistent with Xxxxxxx'
recommendations to you.
18. All checks from you that are to be credited to your account with Xxxxxxx
shall be payable to "X.X. Xxxxxxx & Sons, Inc." Xxxxxxx may in its
discretion refuse to accept for your account checks payable to any party
other than you, and, if such checks are accepted, they shall be accepted
for collection only and shall not be considered credited to your account
until paid.
19. Any suit, arbitration proceeding, reparation proceeding, claim or action
against Xxxxxxx or its present or past officers, agents or employees shall
be brought and heard in the city where the Xxxxxxx branch sales office with
which you dealt is or was located. If the court, arbitration agency or
reparations tribunal does not conduct hearings in that city, then any such
action must be brought and heard in the locale closest to that city in
which the court, arbitration agency or reparation tribunal conducts
hearings. This paragraph shall apply even if you have related disputes
with other parties that cannot be resolved in the same locale.
20. The undersigned may terminate the TAA, upon receipt of written notice of
revocation by the Director of Operations of Xxxxxxx from the undersigned.
Notwithstanding any such revocation, this Agreement shall
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continue in effect as to all transactions entered into or an indebtedness
occurred prior to such revocation and all matters pertaining thereto. The
undersigned will remain responsible for any charges to the undersigned's
Securities Account or Card-Check Account whether arising before or after
termination.
Xxxxxxx may terminate the undersigned's TAA, including the Securities
Account at any time. Without limiting Xxxxxxx' rights in this regard, the
undersigned acknowledges that the deposit of Checks followed by the prompt
removal of funds for the primary purpose of earning dividends on Fund
shares violates this Agreement. If in Xxxxxxx' sole judgment, it appears
that the undersigned is so acting, Xxxxxxx may terminate the undersigned's
TAA.
If subscription to TAA is terminated for any reason, either by the
undesigned or by Xxxxxxx, the undersigned will promptly return all unused
Checks and Cards to Xxxxxxx. Failure to return such Checks and Cards to
Xxxxxxx may result in a delay in following the undersigned's instructions
as to the disposition of assets in the TAA. Should the TAA be terminated,
Xxxxxxx may and is hereby authorized to redeem all Fund shares owned by the
undersigned.
21. You shall be solely responsible for any expense, including attorney's fees,
incurred by Xxxxxxx in collection of a deficit from you. You will also be
solely responsible for any expense, including attorney's fees, incurred by
Xxxxxxx in defense of an action brought by you seeking rescission of any
agreement between you and Xxxxxxx or to recover damages for the actions of
Xxxxxxx or its employees.
22. If you are an individual, you represent that, unless Xxxxxxx' Director of
Operations has been notified in writing to the contrary, you have reached
the age of majority; are duly authorized to execute this agreement if
acting on behalf of another; are not insolvent; are not an employee of any
securities or commodities exchange, or of any corporation of which any such
exchange owns a majority of the capital stock, or of any member of any such
exchange, or of a member firm, corporation or organization registered with
any such exchange, or of a bank, trust company or insurance company, or of
any corporation, firm or individual engaged in the business of dealing
either as a broker or as principal in securities, bills of exchange,
acceptances or other forms of commercial paper; and are not registered with
any securities or commodities exchange, association or commission; and that
no one except you has an interest in any of your accounts with Xxxxxxx.
You agree to notify Xxxxxxx' Director of Operations promptly of any change
in your circumstances affecting the foregoing representations.
23. Communications directed to you at the address then appearing on your
account, sent by ordinary mail or delivered to such address, shall be
deemed to have been personally delivered to you whether or not actually
received.
24. Unless otherwise specified, any notice required by this agreement to be
given by you to Xxxxxxx shall be addressed to the Director of Operations at
Xxxxxxx' Home Office at Xxx Xxxxx Xxxxxxxxx, Xx. Xxxxx, Xxxxxxxx 00000 or
at such other address as Xxxxxxx may instruct.
25. You hereby ratify all transactions and dealings with Xxxxxxx before the
execution of this agreement and after that all such transactions and
dealings are subject to all terms and provisions of this agreement as if
they had been subsequent to the execution thereof.
26. If any provision or clause of this agreement is deemed invalid or
unenforceable for any reason, such provision or clause shall be deemed to
be ineffective to the extent of such invalidity or unenforceability but
will not affect the remainder of this agreement, which shall continue in
full force and effect.
27. At Xxxxxxx' discretion, it may, without notice to you, transfer or apply
any of your monies or property between or within any of your accounts
(other than from Regulated Commodity Accounts, unless specifically agreed
to by you).
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28. If you fail to make any payment or deliver any property to Xxxxxxx when
due, fail to maintain in any of your accounts with Xxxxxxx collateral of
sufficient value to meet Xxxxxxx' then current requirements, or otherwise
fail to discharge any obligation to Xxxxxxx, or if you die, or if Xxxxxxx
for any reason deems it necessary for its protection, Xxxxxxx is authorized
to sell any securities, commodities or other property in any of your
accounts with Xxxxxxx or buy any property that may be short, or otherwise
effect settlement, or cancel any outstanding orders. Any such sale,
purchase, settlement or cancellation may be made at Xxxxxxx' discretion and
at its prevailing commission rates on any exchange or market where such
business is transacted, or at public auction or private sale without notice
to you, and without advertisement, tender or demand of any kind made to
you; such notice, advertisement, tender or demand is hereby expressly
waived by you. Xxxxxxx may purchase any such property for its own account
or on behalf of anyone else free from right of redemption. You shall
remain liable for any deficiency in any of your accounts. You shall also
be liable for any fines, assessments or other costs levied against Xxxxxxx
by any exchange, clearinghouse or regulatory authority resulting from your
failure to deliver or otherwise make available any property sold by Xxxxxxx
at your direction. No tender, demand, call or notice by Xxxxxxx shall
constitute a waiver of any right to take any other action permitted
hereunder then or in the future. The failure of Xxxxxxx to enforce its
rights under this paragraph, this agreement or any other agreement between
you and Xxxxxxx shall not act as a waiver of any such rights or preclude
Xxxxxxx from later exercising those rights.
29. All monies and property carried by Xxxxxxx at any time in any of your
accounts (held individually, jointly or otherwise) other than a Regulated
Commodity Account, or which may at any time be in Xxxxxxx' possession or
under its control for any reason, shall be collateral subject to a general
lien and security interest for the discharge of all your obligations to
Xxxxxxx, regardless of their nature.
30. Whenever you are indebted to Xxxxxxx or have a short position with Xxxxxxx,
any property carried by Xxxxxxx in any of your accounts may from time to
time and without notice to you be pledged, repledged, hypothecated or
rehypothecated by Xxxxxxx, separately or together with the property of
others, either for more or less than the amount of your indebtedness to
Xxxxxxx, without Xxxxxxx retaining in its possession or under its control
for delivery a like amount of similar property.
31. No arrangements conflicting with Xxxxxxx' usual requirements for initial or
maintenance margin shall be binding on Xxxxxxx or have any effect unless
expressly agreed to in a separate document signed by Xxxxxxx' Director of
Operations or a designee. No investment broker, branch office manager or
branch office employee is authorized to waive or modify Xxxxxxx' margin
demands or postpone sell-outs or buy-ins unless agreed to in writing by
Xxxxxxx' Director of Operations or a designee.
32. Interest shall be charged on any debit balance in any of your accounts at
rates related to Xxxxxxx' then-prevailing broker's call money rate. You
acknowledge receiving from Xxxxxxx and examining a statement explaining the
details and the conditions under which interest will be charged, the method
of computing such interest and the conditions under which additional
collateral may be required.
CHECKING/VISA ACCOUNT
The undersigned hereby applies to the Bank for a Card-Check Account and requests
that Checks be provided and that one or more VISA Cards be issued for use with
the undersigned's Card-Check Account (limited to a maximum of two VISA cards for
a business TAA). It is understood that this application for a Card-Check
Account is accepted by the Bank when Checks are provided and, as appropriate, a
Card is issued to the undersigned. The undersigned agrees that by signing,
using, or permitting another to use the Checks or Card, the undersigned will be
bound by the following terms and conditions.
33. The Card remains the property of the Bank and may be canceled by the Bank
at any time without prior notice. The undersigned agrees to surrender any
unused Checks and Card and to discontinue use of the Card-Check Account
immediately upon the request of the Bank or Xxxxxxx.
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34. It is understood that the Bank will open the undersigned's Card-Check
Account in the name supplied to the Bank by Xxxxxxx that information
concerning transactions in the undersigned's Card-Check Account or the
status of such account will be furnished to the undersigned by Xxxxxxx, and
that any error disputes or inquiries are to be directed to the Bank through
Xxxxxxx. It is also understood that Checks provided with the undersigned's
Card-Check Account will not be returned to the undersigned after
presentation to the Bank for payment.
35. The undersigned agrees to assume liability for all transactions made by the
undersigned, or by an authorized person, through the use of the Checks or
Card in connection with the undersigned's Card-Check Account. The
undersigned also agrees to pay the reasonable costs and expenses of
collection of any unpaid balance due on the undersigned's Card-Check
Account, including, but not limited to, attorney's fees.
36. Neither the undersigned nor any person authorized to act on behalf of the
undersigned will incur any charge by use of the Checks or Card in excess of
the amount authorized for the undersigned's Card-Check Account Total Inc.,
as established by the Bank based upon information furnished to the Bank by
Xxxxxxx. It is understood that the total line established for the
undersigned's Card-Check Account will be the aggregate amount of any
uninvested free credit cash balance in the undersigned's Securities Account
with Xxxxxxx, the net asset value of the undersigned's money market trust
shares, and the amount of cash reserve from the available margin loan value
of the securities in the undersigned's Securities Account with Xxxxxxx, as
mutually agreed between Xxxxxxx and the undersigned; provided, however,
that if the undersigned's Securities Account with Xxxxxxx is not a margin
account, then the undersigned's Total Inc. will not include such cash
reserve amount of available margin loan value of such securities. All
Card-Check Account Transactions within the undersigned's Total Inc. will be
paid to the Bank by Xxxxxxx from and through the undersigned's TAA, as
provided by this Agreement.
37. In the event Xxxxxxx does not pay the Bank for Card-Check Account
transactions, due to transactions exceeding the Total Inc., the Bank may
accept such transactions as an overdraft on the undersigned's Card-Check
Account, which is immediately due and payable to the Bank, plus FINANCE
CHARGES thereon. It is understood that FINANCE CHARGES will be incurred on
the Average Daily Balance of such overdraft at a periodic rate of .0684 per
day (25% ANNUAL PERCENTAGE RATE) from the date the undersigned's Card-Check
Account is overdrawn until paid in full. The Average Daily Balance is
calculated by dividing the total of the outstanding daily balances of
overdrafts by the number of days the Card-Check Account is overdrawn.
Payments will be applied, as of the date of receipt by the Bank, first to
previously billed and unpaid FINANCE CHARGES and then to the balance of
overdrafts. FINANCE CHARGES that accrue after the statement date will
appear on the following periodic billing statement.
The Ohio laws against discrimination require that all creditors make credit
equally available to all creditworthy customers, and that credit reporting
agencies maintain separate credit histories on each individual upon
receipt. The Ohio Civil Rights Commission administers compliance with this
law.
38. In the event of (i) cancellation of the undersigned's Card-Check Account,
(ii) the insolvency, death or termination of the existence of the
undersigned, (iii) the institution of attachment or garnishment proceedings
against the undersigned, (iv) any breach or default of this Agreement by
the undersigned or any person authorized to act on behalf of the
undersigned, or (v) upon the termination by Xxxxxxx of the TAA service of
the undersigned, the Card-Check Account will automatically terminate
without notice to the undersigned or to any representative of the
undersigned.
39. Except as provided in paragraph 2 with respect to modification, receipt and
retention of this agreement shall constitute acceptance thereof by Xxxxxxx
without signature thereon.
40. The provisions of this agreement shall inure to the benefit of any
successors or assigns of Xxxxxxx.
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By signing this Agreement, the undersigned acknowledges that:
a) the undersigned has received a duplicate of this Agreement;
b) the undersigned's securities may be loaned to Xxxxxxx or loaned out to
others, unless margin privileges are waived (refer to paragraph 30);
c) the undersigned has received the prospectus/summary description;
d) this Agreement contains a binding and enforceable arbitration provision on
this page.
THIS IS A BINDING CONTRACT. READ BOTH SIDES CAREFULLY BEFORE SIGNING.
Dated: 8-14-98 x /s/ Xxxxxxx X. Xxxx
------- ----------------------
(signature)
x /s/ Xxxxx X. Xxxx
----------------------
(signature)
[ ] Check here if you do not want maximum Total Inc. (margin) privileges. Your
Total Inc. will consist of only cash and a money market fund balance. No
VISA card will be issued and paragraphs 30 through 32 will not apply.
KEEP CLIENT COPY OF THIS CONTRACT FOR YOUR RECORDS.
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