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CFTC IM Segregation Election Notice

 
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Capitalized terms used in this letter have the meanings specified in the CFTC IM Segregation Right Notice referenced below unless otherwise defined.


Initial Margin Segregation Election

Counterparty1 makes the following election with respect to IM posted on its behalf in connection with any Uncleared Swap between Counterparty and Northern Trust that is executed after delivery of this election letter to Northern Trust: (check one)

Counterparty hereby elects to require IM Segregation in accordance with the CFTC Segregation Regime. Note: If you choose this election, certain documentation, including a tri-party custodial agreement that meets the requirements of the CFTC Segregation Regime, must be put in place. Choosing this election may prevent Northern Trust from entering into Uncleared Swaps with Counterparty until such documentation is in place.

Counterparty hereby elects not to require IM Segregation in accordance with the CFTC Segregation Regime. Note: If you choose this election, you are free to make or retain other arrangements for IM Segregation. This election will not impact your existing segregation arrangements or negotiations, if any. FAILURE TO RESPOND WITHIN TEN (10) BUSINESS DAYS FROM THE DATE OF DELIVERY OF THE CFTC IM SEGREGATION RIGHT NOTICE WILL BE DEEMED TO BE YOUR ELECTION NOT TO REQUIRE THE SEGREGATION OF INITIAL MARGIN. IF YOU SUBSEQUENTLY ELECT TO REQUIRE IM SEGREGATION IN ACCORDANCE WITH CFTC RULES 23.702 AND 23.703, SUCH ELECTION WILL APPLY TO UNCLEARED SWAPS ENTERED INTO WITH NORTHERN TRUST AFTER WE RECEIVE YOUR CFTC IM SEGREGATION ELECTION LETTER.

By executing and delivering this election letter, the signatory represents that it has all necessary authority to provide the confirmation and election above on behalf of Counterparty.


Name may not be blank

 


1 "Counterparty" means each account, client, fund, investor, and/or other principal on behalf of whom this CFTC IM Segregation Election Letter is executed.

2 The relevant election in this letter will only apply to Uncleared Swaps that are executed by the relevant party that executes this letter. For instance, if this letter is being executed by any agent, then the relevant election will only apply to Uncleared Swaps that are executed by such agent on behalf of Counterparty.