EPSTEIN
page 2 / 547 . OCR, unverified
Please sign below to evidence your acknowledgment of this Disclosure Letter and of the disclosures
included herein and your confirmation that you are capable of evaluating the proposed investment
and have determined or, prior to investing, will determine, that it is suitable for you.
ACKNOWLEDGMENT OF RECEIPT
I acknowledge receipt of this Disclosure Letter from DB describing the arrangements between DB
and the Introduced Party. I also acknowledge that the Interests are "restricted" and, thus, illiquid and
may be subject to restrictions on redemption. I also understand that DB is not recommending,
offering or selling the Interests to me and is not involved in the placement of the Interests. I confirm
that: (i) I have greater than $50 million in net assets, (ii) I have experience investing in investments
similar to interests in the Interests, (iii) I am capable of independently evaluating the inherent
investment risk in the Interests and (iv) prior to investing in the Interests, I have or will have
evaluated the investment and determined that it is a suitable investment for me.
Date:
Signature
Printed Name
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0055537
CONFIDENTIAL
SDNY_GM_00201721
EFTA01364972
--- SOURCE: IMAGES__0033__EFTA01364973.txt ---
METADATA_SOURCE: IMAGES0033
METADATA_FILENAME: EFTA01364973.pdf
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Agreement, without the necessity of proving actual damages a
posting bonds, in addition to any other relief as may be granted by a
court of competent jurisdiction. If any legal action is brought to
enforce any obligations hereunder, the prevailing party shall be
entitled to receive reasonable attorneys' fees, court costs and other
collection expenses, in edition to any other relief it may receive.
11. Relationship between the Parties: This Agreement does not
create any agency. partnership, employment or joint venture
relationship between the Parties.
12. Entire Agreement This Agreement constitutes the entire
agreement of the Parties with respect to the subject matter of this
Agreement and cancels and supersedes any prior discussions.
correspondence, understandngs, agreements, or communication of
any nature relating to the subject matter of this Agreement. My
waiver, modification, amendment, supplement or other change to this
Agreement must be in writing and signed by both Parties.
13. Assignment: This Agreement may not be assigned by Recipient
without Discloser's express prior written authorization. Subject to the
foregoing, this Agreement shall inure to the benefit of and be binding
ton the Parties, and their permitted successors and assigns.
14. Return of Confidential Information: Upon expiration or
termination of this Agreement, at the Discloser's request, the
Recipient shall pronptty (a) retum or destroy all Confidential
Information received from the Discloser (incluing, without limitation,
any summaries of orally disclosed information and all copies thereof
in its possession or control), and all materials which incorporate or
are based on Confidential Information prepared by Recipient, and (b)
certify through an officer of the Recipient to Disclosing Party that all
Confidential Information have been returned or destroyed. Failure of
the Discloser to make such request of Recipient shall not entitle
Recipient to make any further use of the Confidential Information a
otherwise extend Recipients right set forth herein after expiration or
termination of this Agreement and Recipient specifically agrees to
cease any further use of Discloser's Confidential Information.
15. Severability: If a court of competent jurisdiction declares any
provision in this Agreement invalid or unenforceable, such invalidly
or unenforceability shall have no effect on the remainder of the
Agreement which shall remain in full force. No delay, failure, or
waiver of either party's exercise or partial exercise of any right or
remedy under this Agreement shall operate to limit, impair, preclude,
cancel, waive or otherwise affect such right or remedy. No waiver of
any provision of this Agreement shall constitute a waiver of any other
provision(s) or of the same provision on another occasion.
16. Counterparts: This Agreement may be signed in two
counterparts each of which together will be deemed to be an original
and all of which together will constitute one and the same instrument.
17. Notices: My notice under this Agreement shall be in writing and
shall be effective only it it is delivered by hand or mailed, certified or
registered mail, postage prepaid, retum recePt requested, addressed
to the appropriate party at its address set forth in this Agreement.
My such notice shall be effective only upon actual receipt by the
party to be notified
18. Governing Law: This Agreement shall be construed and
govemed by English law, The parties hereby submit to the personal
jurisciction of, and agree that any legal proceeding with respect to or