1. To
Alliance Investment Management - The undersigned
has instructed his or her broker/dealer to establish on
behalf of the undersigned and as the undersigner's agent,
an account with you. The undersigned has appointed his or
her broker/dealer as exclusive agent to act for and on
behalf of the undersigned with respect to all matters
regarding the undersigner's account with youluding but
not limited to the placing of securities purchase and
sale orders and delivery of margin and option
instructions, if authorized, for the undersigner's
account. The undersigned acknowledges that no fiduciary
relationship exists. You shall solely look to the
undersigner's broker/dealer and not to the undersigned
with respect to such orders and instructions; and you are
hereby instructed to deliver online statements, and all
written or other notices including margin maintenance
calls, if applicable, with respect to the undersigner's
account to the undersigner's broker/dealer. Any such
communications delivered to the undersigner's
broker/dealer shall be deemed to have been delivered to
the undersigned. The undersigned agrees to hold you
harmless from and against any losses, costs or expenses
arising in connection with the delivery or receipt of any
such communication(s), provided you have acted in
accordance with the above. The foregoing shall be
effective as to the undersigner's account until written
notice to the contrary is received by you and the
undersigner's broker/dealer.
2. Provisions in the event of Failure to Pay or
Deliver - Whenever the undersigned does not, on
or before the settlement date, pay in full for any
security purchased for the account of the undersigned, or
deliver any security sold for such account, you are
authorized (subject to the provisions of any applicable
statute, rule or (regulation), (a) until payment is made
in full, to pledge, to repledge, hypothecate or
rehypothecate, without notice, any or all securities
which you may hold for the undersigned (either
individually or jointly with others), separately or in
common with other securities or commodities or any other
property, for the sum then due or for a greater or lesser
sum and without retaining in your possession and control
for delivery a like amount of similar securities, and /or
(b) to sell any or all securities which you may hold for
the undersigned (either individually or jointly with
others), or to buy in any or all securities required to
make delivery for the account of the undersigned, or to
cancel any or all outstanding orders or commitments for
the account of the undersigned.
3. Cancellation Provisions - You are
authorized, in your discretion, should the undersigned
die or should you for any reason whatever deem it
necessary for your protection, without notice, to cancel
any outstanding orders in order to close out the accounts
of the undersigned, in whole or in part, or to close out
any commitment made on behalf of the undersigned.
4. General Provisions - Any sale,
purchase or cancellation authorized hereby may be made
according to your judgment and at your discretion on the
exchange or other market where such business is then
usually transacted, or at public auction, or at private
sale without advertising the same and without any notice,
prior tender, demand or call; and you may purchase the
whole or any part of such securities free from any right
of redemption, and the undersigned shall remain liable
for any deficiency. It is further understood that any
notice, prior tender, demand or call from you shall not
be considered a waiver of any provision of this
agreement. The undersigned shall include any person
executing this agreement on the front thereof.
"You" shall include the bank, broker or other
financial institution, which opened the account of the
undersigned.
5. Successors - This agreement and its
provisions shall be continuous, and shall endure to the
benefit of your present organization, and any successor
organization or assigns, and shall be binding upon the
undersigned and/or the estate, executors, administrators
and assigns of the undersigned
6. Age - The undersigned if an
individual represents that he or she is at least 18 years
of age and is of full legal age in the state in which he
or she resides.
7. Interest in Account - No one except
the undersigned has an interest in any of its accounts
with you unless such interest is revealed in the title of
such account and in any case the undersigned has the
interest indicated in such title.
8. Orders and Statements - Reports of
the execution of orders and statements of the account
shall be conclusive if not objected to in writing, the
former within two days and the latter within ten days,
after forwarding by you to the undersigned by mail or
otherwise.
9. Extraordinary Events - You shall not
be liable for loss or delay caused directly or indirectly
by war, natural disasters, government restrictions,
exchange or market rulings or other conditions beyond
your control.
10. Fees and Charges - The undersigned
agrees to the fees and charges on the fee schedule
received by the undersigned. You may change the fee
schedule from time to time.
11. Joint Accounts - If this is a joint
account, unless we notify you otherwise and provide such
documentation as you require, the brokerage account(s)
shall be held by us jointly with rights of survivorship
(payable to either or the survivor of us). Each joint
tenant irrevocably appoints the other as the
attorney-in-fact to take all action on his or her behalf
and to represent him or her in all respects in connection
with this Agreement. You shall be fully protected in
acting upon the instructions of either of us. Each of us
shall be liable, jointly and individually, for any
amounts due to you pursuant to this Agreement, whether
incurred by either or both of us.
12. Address - Communications may be sent
to the undersigned at the current address of the
undersigned, which is on file at your office, or at such
other address as the undersigned may hereafter give you
in writing. All communications so sent, whether by mail,
telegraph, messenger or otherwise, shall be deemed given
to the undersigned personally, whether actually received
or not.
13. DISCLOSURE NOTIFICATIONS - The
undersigned understands that you will disclose his or her
name to issuers of securities if securities are held in
the undersigner's account so that the undersigned can
receive important information. If the undersigned does
not consent to disclosure, he or she will notify you in
writing that he or she does not consent to disclosure.
14. Recording Conversations - The
undersigned understands and agrees that for our mutual
protection you may electronically record any of our
telephone conversations.
15. ARBITRATION DISCLOSURES
* ARBITRATION IS FINAL AND BINDING ON THE PARTIES. *THE
PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN
COURTLUDING THE RIGHT TO A JURY TRIAL. *PRE-ARBITRATION
DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT
FROM COURT PROCEEDINGS. *THE ARBITRATOR'S AWARD IS NOT
REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING
AND ANY PARTY'S RIGHTS 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
16. AGREEMENT TO ARBITRATE CONTROVERSIES -
IT IS AGREED THAT ANY CONTROVERSY BETWEEN US ARISING OUT
OF YOUR BUSINESS OR THIS AGREEMENT SHALL BE SUBMITTED TO
ARBITRATION CONDUCTED BEFORE THE Financial Services Commission
OF
JAMAICA. AND IN ACCORDANCE WITH ITS RULES. ARBITRATION
MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A
WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF
INTENTION TO ARBITRATE. 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 ACTIONS 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; (ii) THE CLASS ACTION 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.
|
To: Alliance Investment
Management ("Alliance Investment" or
"you")
1. I agree as follows with respect to all of my accounts
in which I have an interest alone or with others, which I
have opened or will open in the future, with you for the
purchase and sale of securities I hereby acknowledge that
I have read, understand and agree to the terms set forth
below. Upon acceptance of my application, 1 understand
Alliance Investment will maintain and account for me and,
as my broker, buy or sell securities or other products
according to my instructions. All decisions relating to
my investment or trading activity shall be made by me or
my duly authorized representative. Any information I give
Alliance Investment on this account agreement will be
subject to verification, and I authorize you to obtain a
credit report about me at any time. Upon written request
Alliance Investment will provide the name and address of
the credit reporting agency used. I authorize Alliance
Investment and my broker/dealer to exchange credit
information about me. My broker/dealer also may tape
record conversations with me to verify data concerning
any transactions I request, and I consent to such
recording. I also understand that my account is carried
by Alliance Investment and that all terms of this
agreement also apply between me and Alliance Investment.
I have carefully examined my financial resources,
investment objectives and tolerance for risk along with
the terms of this agreement and have determined that
margin financing is appropriate for me. I understand that
investing on margin involves extending credit to me and
that my financial exposure could exceed the value of my
securities.
2. I am of legal age in the state which I reside and
represent that, except as otherwise disclosed to you in
writing, I am not an employee of any Exchange or of a
Member Firm of any Exchange or the NASD, or of a bank,
trust company or insurance company, and that I will
notify you promptly if I become so employed.
3. All transactions through Alliance Investment are
subject to the constitution, rules, regulations, customs
and usages of the exchange, market or clearing house
where executed, as well as to any applicable laws, rules
and regulations.
4. Any and all credit balances, securities or contracts
relating thereto, and all other property of whatsoever
kind belonging to me or in which I may have an interest
held by you or carried for my accounts shall be subject
to a general lien for the discharge of my obligations to
you (including unmatured and contingent obligations)
however arising and without regard to whether or not you
have made advances with respect to such property and
without notice to me may be carried in your general loans
and all securities may be pledged, repledged.
hypothecated or rehypthecated, separately or in common
with other securities or other property, for the sum due
to you thereon or for a greater notice to me, apply
and/or transfer any securities, contracts relating
thereto, cash or any other property therein,
interchangeably between any of my accounts, whether
individual or joint from any or my accounts to any
account guaranteed by me. You are specifically authorized
to transfer to my cash account, on the settlement day
following a purchase made in that account, excess funds
available in any of my other account including but not
limited to any free balances in any margin account,
sufficient to make full payment of this cash purchase I
agree that any debit occurring in any of my other
accounts may be transferred by you at your option to my
margin account.
5. I will maintain such margins as you may in your
discretion require from time to time and will pay on
demand any debit balance owing with respect to any of my
accounts. I will be liable to you for any deficiencies in
such account in the event of the liquidation of such
accounts, in whole or in part, by you or the undersigned.
Whenever in your discretion you deem it desirable for
your protection (and without the necessity or a margin
call) including but not limited to extreme market
volatility or trading volumes, an instance where a
petition in bankruptcy or for the appointment of a
receiver is filed by or against me, or an attachment is
levied against my account, or in the event of notice of
my death or incapacity, or in compliance with the orders
or any Exchange, you may, without prior demand, tender,
and without any notice of the time or place of sale, all
of which are expressly waived, sell any or all securities
or contracts relating thereto which may be in your
possession, or which you may be carrying for me, or buy
any securities or contracts relating thereto of which my
account or accounts may be short, in order to close out
in whole or in part any commitment in my behalf or you
may place stop orders with respect to such securities and
such sale or purchase may be made at your discretion on
any Exchange or other market where such business is then
transacted, or at public auction or private sale, with or
without advertising and neither any demands, calls,
tenders, or notices which you may make or give in any one
or more instances nor any prior course of conduct or
dealings between us shall invalidate the aforesaid
waivers on my part. You shall have the right to purchase
for your own account any or all of the aforesaid property
at such sale, discharged of any right of redemption which
is hereby waived I understand that my financial exposure
could exceed the value of securities in my account.
6. In the absence of a specific demand, all transactions
in any of my accounts are to be paid for, securities
delivered or required margin deposited, no later than
noon Pacific Time on the settlement date. Alliance
Investment reserves the right to cancel or liquidate at
my risk any transaction not timely settled Margin calls
are due on the date indicated regardless of the
settlement date of the transaction. For most stocks and
bonds, the settlement date is the third business day
following the trade date. Settlement dates for US.
Government issues vary. Options settle on the next
business day. Interest will be charged on any debit
balance which remains in my account past the settlement
date as explained in the Disclosure of Credit Terms
section of this Agreement.
7. I agree to be charged interest on any credit extended
to or maintained for me by you for the purpose of
purchasing, carrying or trading in any security The
annual rate of interest which will be charged on net
debit balances will be calculated by means of a formula
based on the rate of brokers' call money published in the
financial sections of newspapers The annual rate of
interest is subject to change without prior notice in
accordance with changes in the brokers' call money rate.
With the exception of a credit balance in the short or
income accounts, all other credit balances in all cash
and margin accounts are combined and interest is charged
to the margin account on any resulting debit balance.
Interest is computed monthly on the net debit balances
during the month. If during the month there is a change
in interest rates, separate charges will be calculated
for each interest period under the different rate. The
combining of balances, as well as the actual interest
calculations, are done by computer, but interest is
arrived at by multiplying the net debit balance by the
effective rate of interest divided by 360, times the
number of days. In the event there is a decline in the
market value of the securities in the margin account, you
may have to request additional collateral. Generally,
such a request for additional collateral will be made by
you when the equity in the account falls below 35%.
However, you retain the right to require additional
margin at any time you deem it necessary or advisable.
Any such call for additional collateral may be met by
delivery of additional marginable securities or cash. Any
securities in any of the accounts of the undersigned are
collateral for any debit balances in the account with
you. A lien is created by these debits to secure the
amount of money owed you This means that, in accordance
with the terms of this agreement, securities in the said
accounts can be sold by you to redeem or to liquidate any
debit balances in these accounts.
8. I agree that, in giving orders to sell, all
"short sale" orders will be designated as
"short" and all "long sale" orders
will be designated as "long" and that the
designation of a sell order as "long" is a
representation on my part that I own the security and
will deliver same to you on or before settlement date of
the transaction.
9. Reports of the execution of orders and statements of
my account shall be conclusive if not objected to in
writing within three days and ten days, respectively,
after transmittal to me by mail or otherwise.
10. All communications including margin calls may be sent
to me at my address given you or at such other address as
I may hereafter give you in writing, and all
communications so sent, whether in writing or otherwise,
shall be deemed given to me personally, whether actually
received or not.
11. I am liable for payment upon demand of any debit
balance or other obligation owed in any of my accounts or
any deficiencies following a whole or partial
liquidation, and 1 agree to satisfy any such demand or
obligation. Interest will accrue on any such deficiency
at prevailing margin rates until paid, I agree to
reimburse Alliance Investment for all reasonable costs
and expenses incurred in the collection of any debit
balance or unpaid deficiency in any of my accounts
including, but not limited to, attorneys' fees.
12. Alliance Investment is not liable for any losses
caused directly by government restrictions, exchange or
market rulings, suspension of trading or other conditions
beyond its control including, but not limited to, extreme
market volatility or trading volumes.
13. No waiver of any provision of this Agreement shall be
deemed a waiver of any other provision, nor a continuing
waiver of the provision or provisions so waived.
14. I understand that no provision of this Agreement can
be amended or waived except by an officer of Alliance
Investment, and that this Agreement shall continue in
force until its termination by me is acknowledged in
writing by an officer of Alliance Investment, or until
written notice of termination by you shall have been
mailed to me at my address last given you.
15. This contract shall inure to the benefit of your
successors and assigns, and shall be binding on the
undersigned, his heirs, executors, administrators,
successors and assigns.
16. If any provision hereof is or at any time should
become inconsistent with any present or future law, rule
or regulation of any securities exchange, or of any
sovereign government or a regulatory body thereof and if
these bodies have jurisdiction over the subject matter of
this Agreement, said provision shall be deemed to be
superseded or modified to conform to such law, rule or
regulation, but in all other respects this Agreement
shall continue and remain in full force and effect.
17. If the undersigned shall consist of more than one
individual, their obligations under this Agreement shall
be Joint and several.
18. I understand that you will deliver margin calls and
other notices to broker/dealer Alliance Investment, who
acts as my agent, for the sole purpose of collection of
my obligations under this agreement. I agree to the
foregoing and further understand that Alliance
Investment. may act on your behalf with respect to margin
calls in your discretion.
19. I represent that I have read and understand the
Disclosure of Credit Terms on Transactions, which follows
this Agreement. I further understand the Disclosure of
Credit Terms on Transactions may be amended from time to
time.
20. YOU ARE HEREBY AUTHORIZED TO LEND PROPERTY WHICH MAY
BE CARRYING FOR ME ON MARGIN, EITHER SEPARATELY OR
TOGETHER WITH THE PROPERTY OF OTHERS, EITHER TO
YOURSELVES OR TO OTHERS THIS AUTHORIZATION SHALL APPLY TO
ALL ACCOUNTS CARRIED BY YOU FOR ME AND SHALL REMAIN IN
FULL FORCE UNTIL WRITTEN NOTICE OR REVOCATION IS RECEIVED
BY YOU AT YOUR PRINCIPAL OFFICE IN KINGSTON JA.
I
REPRESENT THAT I HAVE READ THE TERMS AND CONDITIONS AS
CURRENTLY IN EFFECT AND AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS
AS CURRENTLY IN EFFECT AND AS MAY BE AMENDED FROM TIME TO
TIME. THIS ACCOUNT IS GOVERNED BY A PRE-DISPUTE
ARBITRATION CLAUSE WHICH APPEARS IN THE CUSTOMER
AGREEMENT FOR MY BROKERAGE ACCOUNT. I ACKNOWLEDGE RECEIPT
OF THE PRE-D1SPUTE ARBITRATION CLAUSE.
DISCLOSURE OF CREDIT
TERMS ON TRANSACTIONS
Interest
will be charged on all accounts for any credit
extended to or maintained for customers by the
firm for the purpose of purchasing, carrying or
trading in securities or otherwise The annual
rate of interest you will be charged 10%. Margin Call Fee is $25
per day.
|
Interest to be
Charged Above
Brokers'
Call Money Rate
|
10.00%
|
|
In determining the debit
balance and the resulting rate of interest, we
will combine the margin account debit balances in
all accounts, except Type 3 Short and Type 4
Income Accounts Interest is then computed for
each account based on the rate resulting from
combining the accounts.
When
your interest rate is to be increased for any
other reason, you will be given at least 30 days'
written notice If brokers' call is expressed as a
range, Alliance Investment may charge the high of
the range Your monthly statement will show the
dollar amount of interest and the interest rate
charged to your account.
All
securities or other property held by us in any of
your accounts are collateral for any debit
balances A lien is created by those debits to
secure the amount of money owed to us This means
securities in any of your accounts can be sold to
reduce or liquidate entirely any debit balances
in your accounts, as authorized in your Margin
Agreement.
If
there is a decline in the market value of the
securities which are collateral for your debits,
it may be necessary for us to request additional
margin. Ordinarily, a request for additional
margin will be made when the equity in the margin
account (the market value of the securities in
the account in excess of the debit balances)
falls below our margin maintenance requirements,
which may change from time to time without
notice. We retain the right to require additional
margin any time we deem it desirable Margin calls
can be met by delivery of cash or additional
securities.
|
Sign
X_______________________________
Joint Sign X_______________________________
|