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ISDA August 2012 DF Protocol Questionnaire

ISDA August 2012 DF Protocol Questionnaire

ISDA August 2012 DF Protocol Questionnaire

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Cadwalader, Wickersham & Taft LLPDraft October 8,11, <strong>2012</strong>Attorney-Client Work ProductFor discussion purposes onlyPart III: PCA Principal Status Representations and ElectionsPart III of this <strong>Questionnaire</strong> consists of questions that must be answered by, or on behalf of,each PCA Principal except as otherwise indicated. Answers to the questions should be providedin the PCA Principal Answer Sheet except as otherwise indicated.1. Commodity PoolThe purpose of this question is to permit a PCA Principal who is able to specifywhether it is a “commodity pool” (as further defined below) to inform itscounterparty of such status. The answer to this question will assist in identifyingPCA Principals who may need to make additional representations regarding theirstatus as an “eligible contract participant” when additional CFTC regulationsregarding this status go into effect on December 31, <strong>2012</strong>.If PCA Principal does not wish to make any representation at this time as towhether it is a “commodity pool” it may insert “No Answer.” If a PCA Principalinserts “No Answer,” a Swap Dealer receiving this <strong>Questionnaire</strong> may berequired to inquire further and obtain additional representations prior toDecember 31, <strong>2012</strong>.If you are intending to answer “Yes” or “No Answer,” please review AddendumI dated October [_], <strong>2012</strong> prior to answering this Question.To answer this question, complete column 7 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes,” “No,” or “No Answer,” asappropriate:Is PCA Principal a “commodity pool,” as that term is defined in Section 1(a)(10)of the Commodity Exchange Act and applicable regulations thereunder (a“Commodity Pool”)?2. Eligible Contract Participant 11(a)To answer this question, complete column 8 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes” or a “No,” as appropriate:Please review Addendum I dated October [_], <strong>2012</strong> with respect to transactionsdescribed in section 2(c)(2)(B)(vi) or 2(c)(2)(C)(vii) of the CommodityExchange Act (“Specified FX Transactions”) prior to answering this Question.Other than for purposes of any agreement, contract or transaction described inSections 2(c)(2)(B)(vi) or 2(c)(2)(C)(vii) of the Commodity Exchange Act, is11CFTC Regulation 23.430(a).-11-

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