EXHIBIT 1
Margin Account Agreement Between Reporting Person and Prudential
Securities Incorporated.
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| BRANCH | ACCOUNT NO. | FA | DOC. ID |
| | | | |
| |R|W | 0|5|2|8|7|3 | 1|5 | 70 |
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CLIENT OPENING
ACCOUNT AGREEMENT
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To: Prudential Securities Incorporated and its affiliates
In consideration of your opening one or more accounts in the name(s) of the
undersigned singly, jointly with others or otherwise, now or in the future, the
undersigned agrees to the following:
1. I am of full age and represent that, unless I give you written notice to the
contrary, I am not and will not be an employee of any exchange or a member firm
of any exchange or the NASD, and that no one other than the undersigned who has
such affiliation has or will have a direct or indirect interest in any accounts
of the undersigned.
2. I agree to conduct my account in accordance with all applicable laws or
regulations as well as the rules and practices of any market or clearing house
through which my trades may be executed or processed.
3. You may require me to prepay for any order. I agree to pay for all
transactions no later than settlement date. You shall have a general lien on all
properties I may have on deposit with you either singly or jointly with another
or otherwise and may, without notice to me or my successors, at your discretion,
liquidate or transfer any such property in order to satisfy any indebtedness I
may have to you or to relieve you of any risk of a deficit existing in any of my
accounts. I shall be liable for any remaining deficiency in any of my accounts.
You may conduct all transactions for me in accordance with the customs and
usages of securities firms and of the various exchanges.
4. I will advise you if any of my sell orders are for securities which I do not
own at the time of the order.
5. You may, at your discretion, decline to accept any orders or deliver out my
account or require that I transfer my account from your firm. I understand that
if I do not promptly transfer my account upon your demand, you reserve the right
to liquidate positions in my account at your discretion.
6. Unless otherwise agreed in writing, I agree to pay commissions, charges,
interest and fees at your prevailing rates which may be changed from time to
time without notice to me, and to pay your reasonable attorneys' fees and
interest at the highest lawful rate in the event you must take legal action to
collect any amounts due from me to you.
7. Confirmation of transactions and statements for my accounts shall be binding
upon me if I do not object in writing within ten days after mailing to me. I
agree to promptly notify you by a writing addressed to the Branch Manager of the
branch in which my account is maintained of any item I believe to be an error or
omission in any confirmation or statement. I will so notify the Branch Manager
even if an employee of the firm has promised to correct any such error.
Communications mailed, wired, or telegraphed to me at the address specified by
me shall, until you have received notice in writing from me of a different
address, be deemed to have been personally delivered to me and I agree to waive
all claims resulting from failure to receive such communications.
8. If any provision or condition of this agreement shall be held to be invalid
or unenforceable by any court, regulatory or self-regulatory agency or body,
such invalidity or unenforceability shall attach only to such provision or
condition. Your failure to insist at any time upon strict compliance with this
agreement or with any of its terms or any continued course of such conduct on
your part shall not constitute or be considered a waiver by you of any of your
rights.
9. This agreement shall inure to the benefit of your successors and assigns,
shall be binding on me, my representatives, attorneys-in-fact, executors,
administrators and assigns, and beneficial owners and shall be governed by the
laws of the State of New York. In the event of my death, any order which I had
given you shall be binding on my estate representative until you receive actual
notice thereof.
10. Prudential Securities Incorporated client accounts are protected by SIPC and
Prudential Securities' excess SIPC coverage. FDIC rules require that clients be
informed that Prudential Securities is not a bank and that securities offered
through Prudential Securities are not backed or guaranteed by any bank or
insured by the FDIC unless otherwise expressly indicated.
11. * Arbitration is final and binding on the parties.
* The parties are waiving their right to seek remedies in court, including
the right to jury trial.
* Pre-arbitration discovery is generally more limited than and different
from court proceedings.
* 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.
* The panel of arbitrators will typically include a minority of arbitrators
who were or are affiliated with the securities industry.
The undersigned agrees, and by carrying an account for the undersigned you
agree, all controversies which may arise between us concerning any transaction
or the construction, performance or breach of this or any other agreement
between us, whether entered into prior, on or subsequent to the date hereof,
shall be determined by arbitration.
This contract shall be governed by the laws of the State of New York, and shall
inure to the benefit of your successors and assigns, and shall be binding on
the undersigned, my heirs, executors, representatives, attorneys-in-fact,
administrators and assigns. Any controversy arising out of or relating to my
account, to transactions with or for me or to this Agreement or the breach
thereof, and whether executed or to be executed within or outside of the United
States, shall be settled by arbitration before either the New York Stock
Exchange, Inc. or the National Association of Securities Dealers, Inc. or any
other self-regulatory organization of which Prudential Securities Incorporated
is a member, as I may elect and under the then existing arbitration procedures
of the forum I have elected. If I do not make such election by registered mail
addressed to you at your main office within five (5) days after demand by you
that I make such election, then you may make such election. Notice preliminary
to, in conjunction with, or incident to such arbitration proceeding, may be sent
to me by mail and personal service is hereby waived. Judgment upon any award
rendered by the arbitrators may be entered in any court having jurisdiction
thereof, without notice to me. No person shall bring a putative or certified
class action to arbitration, nor seek to enforce any pre-dispute 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.
By signing this agreement, the client acknowledges that he/she has received a
copy of this agreement.
This agreement contains a pre-dispute arbitration clause at page 1 at paragraph
11.
1/31/96 /s/ ANDLYA YASA
ANDLYA YASA
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Date Client Signature (Please Sign and Print)
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Date Client Signature (If Joint Account) (Please Sign and Print)
[LOGO]
Prudential Securities Incorporated, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, X.X. 00000
Form 5372 (Rev. 12-94) BRANCH COPY Prudential Securities Incorporated is a
subsidiary of The Prudential Insurance Company of America, Newark, New Jersey
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