esisuisse – Agreement

English

Agreement on self-regulation for the deposit insurance scheme (Version of 23.12.2022)

A. General

Art. 1 Terms

The terms of the present agreement are defined as follows: a. Depositors: Protected depositors according to Art. 42c of the Banking Ordinance (BankO) who hold protected deposits with a member b. Deposit: Deposit within the meaning of Art. 37a and Art. 37h of the Banking Act (BankA) in conjunction with Art. 42a BankO c. FINMA: Swiss Financial Market Supervisory Authority d. Bank: Bank or securities firm e. Deposit insurance call: The situation in which FINMA orders a bank to take protective measures using the deposit insurance scheme or to file for insolvency or, in the opinion of esisuisse, an alternative measure for resolution will lead to significantly lower costs for the members f. Reference account: The member’s account named in the declaration of consent for self-regulation g. Member: The member of esisuisse according to the declaration of consent for self-regulation h. Statutes: The Statutes of esisuisse i. Appendices 1 to 4: The appendices to this agreement bis j Legal assignment: Art. 37j paragraph 3 BankA k. Liquidator: The investigator, reorganisation officer or liquidator appointed by FINMA

Art. 2 Reference account

The member must name a reference account held with a bank.

2. esisuisse is authorised to debit the reference account for a. statutory membership contributions and b. contributions for the deposit insurance call.

The member is obliged to have the necessary funds in the reference account on the announced value date.

The reference account is the member’s paying agent for all payments by esisuisse.

The reference account is debited by direct debit (business direct debit). esisuisse has the right to exempt a member from the obligation to set up the direct debit procedure for special reasons. In such case, the member is obliged to pay the contributions demanded by esisuisse within five calendar days of the first demand.

B. Data

Art. 3 Data processing

esisuisse processes all data provided by the member and all data about the member and their representatives obtained from other sources. This data includes in particular: a. minutes and file notes; b. correspondence details; c. amount of protected and preferential deposits; d. invoices, payment reminders, etc.; e. agreements and powers of attorney; f. correspondence by written and electronic means and g. statistical data.

Data is generally retained for an indefinite period. esisuisse is entitled to a. retain data in a purely electronic form, b. to destroy data 10 years after it has been generated and c. to process data electronically in encrypted or unencrypted form, irrespective of whether the processing takes place in Switzerland or abroad.

Data is secured with customary care and protected from unauthorised access.

The member must carefully store means of identification such as cards, passwords or codes and take all precautions to prevent unauthorised persons from being able to access them. The member must observe all precautionary measures that reduce the risk of misuse or fraud.

Art. 4 Banking secrecy

esisuisse shall safeguard data covered by banking secrecy or other secrets protected by law. For all other data, esisuisse has the right to make it available to the public insofar as it is in the interest of the deposit insurance scheme. esisuisse is entitled to outsource activities in whole or in part to third parties while maintaining banking secrecy and the other secrets protected by law or while transferring the obligations arising from these secrets.

Outsourcing by esisuisse and by esisuisse’s agents is permissible subject to analogous compliance by both parties with FINMA Circular 18/3 «Outsourcing».

Art. 5 Data disclosure

The member hereby authorises FINMA, the liquidator and the Swiss National Bank to make available to esisuisse the data reported to them on the protected and preferential deposits. This data includes in particular: a. the data from the member’s supervisory reporting on the amount of protected and preferential deposits, b. the data on the member’s income statement, balance sheet and headcount and c. the disclosure of the member’s internal or external auditors and audit firm under banking law. C. Preparatory measures

Art. 6 Informing clients about deposit

insurance scheme The member shall inform depositors of the information provided by esisuisse when the agreement is concluded but shall at least make reference to the esisuisse website. The standard text provided by esisuisse must be used.

Art. 7 Preparatory measures

The member undertakes to implement the preparatory measures in case of its closure and the payout of the protected deposits in accordance with appendix 1. appendix 1 is supplementary to and forms an integral part of this agreement.

D. Deposit insurance call

Art. 8 Deposit insurance call procedure

If FINMA informs esisuisse of an imminent or probable deposit insurance call or if FINMA orders a deposit insurance call, the member must provide the contributions requested by esisuisse thereon for collection in accordance with Article 10.

If collection from the reference account is not possible or if the member fails to comply with the request for payment within the time limit set by esisuisse, esisuisse will immediately offset the loan against the amount due in accordance with appendix 2 or, if necessary, liquidise the collateral provided in accordance with appendix 3 or appendix 4. The member will then be in default of the balance, if any, and shall bear all losses and costs of esisuisse and other members resulting from the default. Claims shall be asserted by esisuisse, and FINMA will be informed of such claims.

In order to enable esisuisse to meet its obligations towards the liquidator in due time in the event of default by members pursuant to paragraph 2 or in the event of the blocking of collateral according to Art. 12, esisuisse shall claim the shortfall of the defaulting or defaulted members from the other members pursuant to Art. 10 mutatis mutandis, thereby increasing the contribution obligations of the other members accordingly.

The details of the deposit insurance call will be subsequently communicated to the members after receipt of the relevant written notification from FINMA.

The payout of the amount for the deposit insurance call to the paying agent designated by FINMA or the liquidator must be made promptly in each case as required and as soon as the order of FINMA has been notified to esisuisse and is enforceable.

Unused contributions for the deposit insurance call will be returned to the member by esisuisse after FINMA or the liquidator has declared that they are not required.

Art. 9 Member as the subject of the

deposit insurance call

If the member itself is the subject of the deposit insurance call, the amount from the member’s loan claim against esisuisse or the proceeds due to esisuisse as a result of the liquidation of the member’s collateral under the TCM agreement or the collateral account pledge contract will be paid or released by esisuisse to the liquidator for the payout of the protected deposits. If the entire collateral is not used, all claims of esisuisse and costs of esisuisse will be offset against the residual claim from the member’s loan against esisuisse or the proceeds due to esisuisse as a result of the liquidation of the member’s collateral under the TCM agreement or the collateral account pledge contract.

If the amount to be paid to the paying agent designated by FINMA or the liquidator is higher than the amount determined in accordance with paragraph 1 (c.), the other members will be called upon in accordance with Art. 8 and Art. 10.

If the member is the subject of a deposit insurance call, it will be exempt from contributions in accordance with Art. 10. The obligations of the other members will increase proportionately as a result. Premature reimbursement of payments already made to the member is excluded.

Art. 10 Contributions in the event of a

deposit insurance call

The member must make contributions to esisuisse in the event of a deposit insurance call.

The amount of the contribution obligation in the case of a deposit insurance call is determined by esisuisse and is based on the sum of the protected deposits booked with the member as at the reference date in relation to the sum of the protected deposits of the entire scheme and the amount of the contribution that esisuisse must pay under the deposit insurance call. The reference date is the date on which the amount of the protected deposits was last determined by FINMA or esisuisse for the entire scheme. In particular, in the event of a rapid change in (presumed) market conditions with regard to the protected deposits, FINMA and esisuisse have the right to determine the amount of the protected deposits. esisuisse may not demand more from all members in total than the statutory amount pursuant to Art. 37h paragraph 3 (b) BankA for the payout of the protected deposits.

The contribution according to paragraph 2 will also be increased by the presumed costs and expenses of esisuisse for the deposit insurance call as determined by esisuisse.

The contributions paid by the member to esisuisse do not bear interest. esisuisse undertakes to have the calculation of the contribution obligation in accordance with paragraph 2 checked and confirmed by a recognised auditing company. Each member may request confirmation that the contributions have been calculated correctly.

Art. 11 Repayment of liquidation

payments and write-offs

esisuisse must repay to the member the funds recovered on the basis of the legal assignment, in each case by reimbursing the member’s contributions on a pro rata basis. esisuisse shall notify the member of its claim within 30 days of repayment. Contributions under CHF 5 000 will not be repaid.

If it arises from the legally binding collocation plan of the second creditor class or if FINMA or the liquidator otherwise confirms to esisuisse that no repayments are likely to be made to esisuisse on the basis of the legal assignment, esisuisse shall write off the claim and will be released from its repayment obligation to the member.

Repayments to the member and the write-off of claims will result in the amount of the contribution obligation according to Art. 11 paragraph 2 being increased by the amount repaid or written off as well as the collateral according to Art. 12 being increased accordingly. E. Collateral

Art. 12 Collateral

The member undertakes to transfer or provide the amount determined by esisuisse or FINMA in accordance with paragraphs 2 to 4 (hereinafter: collateral) as cash in accordance with the loan agreement (appendix 2) or the value of the amount in collateral in accordance with the TCM agreement (appendix 3) or the collateral account pledge contract (appendix 4) upon first request. A prerequisite for the TCM agreement and the collateral account pledge contract is that the technical and administrative preparations have been made. Appendices 2 to 4 are supplementary to and form an integral part of this agreement.

The amount of the collateral is calculated from the sum of the protected deposits booked with the member multiplied by half of 1.6%. If the calculated amount is below the lower limit according to Art. 37h paragraph 3 (b) BankA, the amount of the collateral is calculated from the sum of the protected deposits booked with the member in proportion to half of the sum of the protected deposits in the scheme as a whole.

The amount of the collateral will be reduced accordingly by any contributions resulting from a deposit insurance call in accordance with Article 10 paragraphs 2 and 3. esisuisse has the right to waive collateral below CHF 100 000.

As a rule, a demand for collateral to be provided during an ongoing calendar year is made on the basis of the total protected deposits as at the end of the previous year according to FINMA supervisory reporting.

In particular, in the event of a rapid change in (presumed) market conditions with regard to the protected deposits or in the case of new members entering the market, FINMA and esisuisse have the right to redetermine the collateral amount and request a member to provide said collateral.

esisuisse undertakes to repay or release any amounts of collateral no longer required under the loan agreement, TCM agreement or collateral account pledge contract.

If the member changes from the loan agreement model to the TCM agreement or collateral account pledge contract model or from the TCM agreement or collateral account pledge contract model to the loan agreement model, the loan amount will be returned to the member by esisuisse after the collateral has been duly provided in accordance with appendix 3 or 4, or the collateral will be released by esisuisse after the loan amount has been duly provided in accordance with appendix 2. esisuisse must be notified in advance of a member’s declaration of a change in agreement model, with a reasonable amount of time. Model changes take place on 30 June or 31 December each year.

If the collateral of the member is provided by a FINMA-recognised clearing house for its participants or by a banking group for its participants, the aforementioned conditions shall be recorded analogously in a separate agreement with esisuisse. F. Final provisions

Art. 13 Demise

esisuisse is released from any obligations to the member if the member has been deleted from the commercial register and has not been merged into another legal entity.

Art. 14 Liability

esisuisse is not liable for minor negligence.

The member is not entitled to compensation for losses resulting from the late execution or non-execution of orders or activities.

Art. 15 Contact person and authorised

representative

The member shall inform esisuisse immediately and in writing of any changes of company name, addresses, registered office, representatives at esisuisse or authorised representatives vis-à-vis esisuisse.

The authorised representative arrangement notified to esisuisse remains in force until this is revoked in a written notice addressed to esisuisse, notwithstanding any contrary or missing entries in public registers, namely any contrary current and/or future entries in commercial registers or deletions from commercial registers or publications.

Art. 16 Fees and expenses

The fee charged by esisuisse for special expenses is based on time spent and amounts to CHF 180 per hour. This amount may be adjusted for inflation and the market environment. The member shall also reimburse esisuisse for expenses.

Art. 17 Default

Unless agreed otherwise, default occurs five calendar days after receipt of the first request for performance.

Unless otherwise agreed, the interest on arrears in the event of default by the member is 5 percentage points per annum. esisuisse will not owe the member any interest on arrears.

Art. 18 Set-off and lien

The member has no right of set-off against esisuisse. esisuisse is entitled to set off claims at any time.

esisuisse has a right of lien and liquidation on all assets held in safekeeping by the member with esisuisse, and is entitled to selfenforcement.

Art. 19 Arbitration

In the event of any disagreement arising out of or in connection with this agreement, including any disagreement as to its valid conclusion, amendment, termination, interpretation or application, the member and esisuisse shall seek to avoid legal proceedings and to reach mutually agreeable solutions.

Any disputes, differences of opinion or claims arising out of or in connection with this agreement, including its validity, invalidity, breach, application or termination, are to be settled by arbitration in accordance with the Swiss Rules of International Arbitration (Swiss Rules) of the Swiss Chambers’ Arbitration Institution.

The version of the rules in force at the time that the notice of arbitration is served apply.

The arbitral tribunal consists of three members who are Swiss residents.

The seat of the arbitration is Basel.

The arbitration proceedings are to be conducted in German. The member or esisuisse may also submit their submissions and exhibits in French, Italian or English.

The commencement of such proceedings will not have suspensive effect with respect to the obligations of members to pay contributions in accordance with Art. 8 hereafter or on the basis of the Statutes.

Art. 20 Legal nature of this agreement

This agreement is not intended to establish a simple partnership according to Art. 530 ff. of the Code of Obligations.

Art. 21 Applicable law and place of

jurisdiction Swiss law applies. The place of performance, the place of debt enforcement in the case of foreign domicile and the place of jurisdiction – subject to mandatory statutory provisions – is Basel. esisuisse also has the right, subject to Article 19, to take legal action against the member before any other competent court.

Art. 22 Amendments

The member must be informed of any changes to the terms of this agreement. In the absence of a written objection within 20 calendar days of receipt of the notification, the amendments are deemed to have been approved. If the member objects to the amended terms and conditions within the time limit, the objection is deemed to be a declaration of termination. The agreement will continue to apply for the member until the termination date.

Art. 23 Termination

The notice period is six months. Termination dates are 30 June and 31 December of each year.

The loss of the member’s banking or securities firm licence or the liquidation of the member will be deemed to be a notice of termination, provided esisuisse is aware thereof.

Termination of the loan agreement according to appendix 2, the TCM agreement according to appendix 3 or the collateral account pledge contract according to appendix 4 by the member will also be deemed a notice of termination of this agreement.

Termination by the member will also be deemed to be a declaration of resignation from the esisuisse association, subject to the notice period and as of the next termination date.

All accrued interest and contributions become due on the termination date (expiry date).

The exclusion of the member in accordance with Art. 4 paragraph 5 of the Statutes will be deemed to be a simultaneously effective termination.

Art. 24 Language

esisuisse shall accept declarations and documents from the member in German, French, Italian or English.

esisuisse shall provide all agreements in German, French, Italian and English. The current versions are published on the esisuisse website. The legally authoritative language is always the German-language version.

Art. 25 Date of applicability

For new members, this agreement is applicable as of the date of the granting of authorisation by FINMA.

Art. 26 Replacement of previous

agreement and entry into force This agreement replaces the agreement dated 03.06.2020 as of 01.01.2023 and enters into force on 01.01.2023. English

Appendix 1 to the agreement on self-regulation for the deposit insurance scheme

Preparatory measures (Version of 23.12.2022)

A. General

1 Obligation to prepare

The member undertakes to put preparatory measures in place for the payout process in the event of its closure in such a way that the following specifications are complied with at all times. For systemically important banks and for members with a total of no more than 2500 depositors as at 31 December of the previous year, Art. 42h of the Banking Ordinance (BankO) applies.

2 Overview

The payout process is divided into the following three blocks: a. List of depositors: The preparatory work that must be done by the banks so that the list of depositors can be drawn up at any time. b. Preparation of client data and dispatch: The process by which client letters and reply forms are prepared for client instructions for the payout, and dispatch to clients. c. Processing of client instructions and payout: The process of handling client instructions received and the payout of protected deposits.

B. Preparation and management of the list of depositors

3 Requirements for the preparation of

the list of depositors and of the payout process

The member must create conditions that enable the drawing up of the list of depositors and the performance of the payout process. Such conditions mainly relate to the following points: a. Ensuring the maintenance of critical IT systems required for the payout process. b. Ensuring the availability of a sufficient number of persons needed for the payout process. c. Ensuring the maintenance of services and service agreements (e.g. outsourcing for printing, payment instruction processing, etc.) required for the payout process.

These processes and the preparatory measures must be documented in a simple and comprehensible way.

The member must also document the preparation of the list of depositors and the summary statement in a simple and comprehensible way.

4 Preparation of the list of depositors

The processes for creating the list of depositors at any time must be ensured.

5 Data fields and data content of the

list of depositors The list of depositors must be created in CSV format and must contain the following data fields with the following data content: [Table see attachment]

6 Exception indicator

The exception indicator is set for clients or individual accounts of clients for whom the statutory deadline of seven working days after receipt of the client instruction for the payout is extended or suspended in accordance with Art. 37j (3) of the BankA for one of the following reasons.

The reasons for the exception indicator are: a. Blocking due to law, official order or ongoing clarification such as money laundering, arrest, sanction or confiscation b. Blocking due to civil law relationships with third parties such as pledge, collateral or assignment (e.g. rent deposit account, capital payment account, company formation, securing of a guarantee)

All exception indicators in existence in the core banking system must be adopted in accordance with paragraph 2.

The reason for the exception indicator must include, in one or more words that can be understood by humans, at least the generic reason for the exception indicator. If it is possible with reasonable effort, the generic reason must supplemented with further information available in the core banking system.

C. Preparation of client data and dispatch to clients

7 Client letter and reply form

The member shall take the following preparatory measures: a. A client letter and reply form must be formulated and designed to allow immediate dispatch. The client letter and the reply form must use the text prescribed by esisuisse.

b. For written dispatch, first-class delivery or another form that may be electronic but must be verifiable by text must be used. Electronic dispatch may be provided for in the event of an agreement between the member and the client whereby the latter accepts this method of correspondence as valid delivery. Clients must receive preaddressed envelopes or unique electronic reply addresses.

c. The client letter and reply form must be provided along with tools for partial automation (such as QR codes). These tools should ensure a conclusion of the client letter and the returned reply form with the list of depositors.

d. It must be possible to send the client letter and reply form within seven working days of the closure.

8 Technical facilitation of the

processing of payment instructions

In order to technically facilitate the processing of depositors’ payment instructions, the member may prepare the existing e-banking so that, in the event of its closure, it can be used for recording the client’s payment instructions.

D. Processing client instructions and payment

9 Processing payment instructions

The member shall prepare for the processing of the depositors’ payment instructions and the order for payout to the clearing house or correspondent bank within seven working days of receipt of the validly submitted client instruction.

This deadline applies to instructions in accordance with section 7. Other client instructions will be processed as soon as possible. E. Final provisions

10 Entry into force and implementation

deadline This agreement enters into force on 01.01.2023. The deadline for implementation by the member is 31.12.2027. Attachment: Table according to section 5.: Client information Name / company For natural persons/legal entities or groups of persons (account holder) First name First name Title/suffix If applicable, further and additionally identifying information or supplementary facts about the client Salutation Salutation Date of birth/date of foundation Date of birth/date of foundation in DDMMYYYY format Domicile address Domicile address (street, building number, postcode, town/city, country, additional information) for identification purposes Client exception indicator «Y» Reason for client exception indicator If «Y» for client exception indicator, a generic reason and further information for client exception Language for correspondence Language for correspondence Correspondence address (street and building number or PO box, postcode, town/city, country, additional information – If necessary, Correspondence address name of other correspondence recipient) Account information Numerical or alphanumeric identifier (e.g. client number/person number) that uniquely identifies the client/subject (natural or legal Client number person, group of persons, condominium owners’ association, etc.). Account number IBAN/account number Account type Product type (current account, savings account, etc.) Account exception indicator «Y» Reason for account exception indicator If «Y» for account exception indicator, a generic reason and further information for account exception Currency Currency code according to ISO 4217 currency codes table Account balance Account balance (including accrued interest) in account currency Exchange rate Exchange rate in CHF, respective interbank daily rate at the time of the opening of insolvency proceedings

Account balance in CHF Account balance (including accrued interest) after conversion into CHF Overall client information Numerical or alphanumeric identifier (e.g. client number) that uniquely identifies the client (natural or legal person, group of persons, Client number condominium owners’ association, etc.). Total balance of protected deposits in Total balance (including accrued interest) in CHF of protected deposits CHF Total balance Total balance (including accrued interest) of all account balances in CHF

English

Appendix 2 to the agreement on self-regulation for the deposit insurance scheme

Loan agreement (Version of 23.12.2022)

1 Granting

If the member chooses the loan model, the member is obliged to grant esisuisse a loan in accordance with Art. 12 of the agreement on self-regulation.

The loan amount and any interest are to be transferred to the account IBAN CH26 0010 0004 0019 0002 7 in the name of esisuisse. Sums of money that are not transferred to esisuisse by the member in Swiss francs will be exchanged by esisuisse into Swiss francs, whereby any costs of exchange are charged to the member by esisuisse.

Without notice of termination, the loan is automatically renewed in accordance with Art. 23 of the agreement on self-regulation on the half-yearly termination dates.

2 Use

esisuisse deposits the loan amount in its own name with the Swiss National Bank (SNB). For interest settlement, the loan or interest amount can also be invested with a commercial bank.

esisuisse may at any time set off the loan, interest paid in advance and/or other claims of the member in whole or in part against due, forfeited, future and/or conditional claims of esisuisse against the member (in particular membership fees, contributions for its own deposit insurance call and contributions for another deposit insurance call).

3 Interest

Interest charges by the SNB are to be compensated by the member. Interest credits by the SNB are refunded to the member by esisuisse. The amount of interest (interest owed by the member or payable by esisuisse) is based on the interest granted to or charged to esisuisse by the SNB.

The interest dates (expiry dates) are based on those granted to esisuisse by the SNB. If the interest payment is not made on the value date of the interest date, additional interest may accrue in accordance with paragraph 4.

The interest calculation method is based on that of the SNB.

If the SNB charges interest, the interest payment must be made before the interest date for technical reasons. esisuisse has the right to collect the presumed interest amount for the entire following calendar year from the member’s reference account by direct debit on the last bank working day before Christmas or to invoice it by means of a separate notice. The SNB interest rate is also charged on the advanced interest amount. New members shall pay the presumed interest amount for the current year together with the loan amount.

4 Fee

The management fee for the loan to be paid to esisuisse is calculated based on time spent and amounts to at least CHF 300 per year and is due in advance for the entire or commenced calendar year.

5 Repayment

Loan amounts due to be repaid by esisuisse and advance interest that has not fallen due will a. only be paid to the member in the form of a SIX clearing transfer and in Swiss francs, b. in the event that the SNB charges interest, continue to be charged at that interest rate until payment, c. in the event of creditor default, be charged with a margin of 500 basis points in favour of esisuisse, d. not be subject to interest in the event of default by the debtor (except for any charging of interest by the SNB), provided that esisuisse pays the amount within 30 calendar days of receipt of the declaration. English

Appendix 3 to the agreement on self-regulation for the deposit insurance scheme

TCM Agreement (Version of 23.12.2022)

between SIX SIS AG, Baslerstrasse 100, CH-4600 Olten (hereinafter referred to as «SIX SIS») and member of esisuisse Business name according to registry of commerce: Address: Postcode and Place: Domain: (hereinafter referred to as «Collateral Provider» and «CP», respectively) and esisuisse, Centralbahnplatz 12, 4051 Basel (hereinafter referred to as «Collateral Taker» and «CT», respectively) (Collateral Provider, Collateral Taker and SIX SIS hereinafter jointly referred to as the «Contracting Parties») SIS-xxx | TCM Agreement esisuisse | Version November 2022 Preamble a. The Collateral Provider (CP) and the Collateral Taker (CT) have concluded one BASIC AGREEMENT/S (as defined in sec. 1 below). This BASIC AGREEMENT gives rise to EXPOSURES (as defined in sec. 1 below).

b. The CP and the CT agree that the EXPOSURE arising out of the BASIC AGREEMENT shall be managed and collateralized by using the service Triparty Collateral Management (TCM; as defined in sec. 2 below) according to this TCM AGREEMENT.

c. With TCM, SIX SIS, as a neutral service provider and central securities depository, assumes responsibility for the management and collateralization of the EXPOSURE. d. By signing this TCM AGREEMENT, the CP and the CT are authorized to make use of TCM service according to the subsequent provisions and thus transfer responsibility for the management and collateralization of the EXPOSURE to SIX SIS. For this purposes the CP provides the required COLLATERAL (as defined in sec. 1 below) via SIX SIS. e. Regarding the risks in connection with the cross-border liquidation of (intermediated) securities reference is made to Art. 10 (2) FISA and sec. 25 seq. of the General Terms and Conditions of SIX SIS (GTC SIX SIS; as defined in sec. 1 below). Based on the above, the CONTRACTING PARTIES agree the following:

1 Definitions

In addition to the other definitions in the TCM AGREEMENT, the following terms in alphabetic order are defined as follows:

GTC SIX SIS: the General Terms and Conditions of SIX SIS in their currently applicable form. Eligible Intermediated Securities: the intermediated securities deemed to be eligible under the COLLATERAL SCHEDULE. A company’s own issues are not deemed to be eligible intermediated securities if the company owns a direct or indirect stake in the CP or CT of 20% or more of its capital or votes or if the CP or CT holds such stake in the company. Furthermore, own issues of the CP are not deemed to be eligible intermediated securities. Compliance with this provision is the sole responsibility of the CP. Eligible Book Money: the book money deemed to be eligible under the COLLATERAL SCHEDULE. In all cases, a currency deemed to be eligible book money must be specified in the regulations in accordance with sec. 10 GTC SIX SIS. Eligible Assets: ELIGIBLE INTERMEDIATED SECURITIES and/or ELIGIBLE BOOK MONEY.

Allowable Value: corresponds to the MARKET VALUE of ELIGIBLE ASSETS less a HAIRCUT.

Contribution Obligation: the obligation, as defined in the BASIC AGREEMENT, regarding the payment provision of contribution according to sec. D «deposit insurance call». Collateral Schedule: the «Collateral Schedule esisuisse» defines which types of intermediated securities and their quality as well as which currencies of book money qualify as ELIGIBLE ASSETS and thereby as possible COLLATERAL. As a principle the intermediated securities, which the Swiss National Bank (SNB) considers as repo-eligible according to their «instruction sheet on collateral eligible for SNB repos», are ELIGIBLE INTERMEDIATED SECURITIES. The CT determines the details (basket, HAIRCUT etc.) in the «Collateral Schedule esisuisse». Escrow Account: for each COLLATERAL SCHEDULE, an Escrow Account is opened in the name of the CP with the external account reference in favour of the CT. For each Escrow Account one or more TCM money account/s and one TCM securities account shall be administered. The Escrow Accounts shall be used for regular rights of lien on ELIGIBLE ASSETS. Exposure: a claim of the CT due from the CP that is to be collateralized under the BASIC AGREEMENT according to Art. 12 in the BASIC AGREEMENT. Basic Agreement: the agreement «selfregulation» between the CP and a CT that gives rise to EXPOSURES.

Haircut: discount to the MARKET VALUE of the COLLATERAL in percentage according to the COLLATERAL SCHEDULE up to a maximum of 5 per cent. Longbox Account: a money/securities account at SIX SIS in the name of the CP. All of the ELIGIBLE INTERMEDIATED SECURITIES/ELIGIBLE BOOK MONEY transferred to the Longbox Account form the intermediated securities/book money holdings that are available for the purpose of collateralizing EXPOSURES.

Market Value: latest price published by SIX Financial Information AG and received by the settlement system, in general the closing price of the previous banking day. Notification: message according to appendix 1 or 2, which the CT is entitled to send according to sec. 20. ServiceGuide: the ServiceGuide (in its currently applicable form) sets out in detail the Triparty Collateral Management services provided by SIX SIS. It is a part of the binding regulations within the meaning of sec. 10 GTC SIX SIS.

Collateral: the ELIGIBLE BOOK MONEY and/or the ELIGIBLE INTERMEDIATED SECURITIES in the corresponding ESCROW ACCOUNT for which there is a regular right of lien according to

Art. 25 FISA (regarding ELIGIBLE

INTERMEDIATED SECURITIES) or, respectively, to Art. 900 Swiss Civil Code (regarding ELIGIBLE BOOK MONEY). The COLLATERAL serves as the pledged assets.

Protection Measure FINMA: every measure according to Art. 26 para. 1 Banking Act in connection with Art. 37i Banking Act. Threshold Limits: the range in which fluctuations are tolerated without triggering a collateral call or return.

2 Subject of the Agreement

TCM, i.e. the management and the collateralization of the EXPOSURE, is governed by the TCM AGREEMENT. The purpose of TCM is to fulfill and settle the collateral obligations of the CP in favor of the CT and the obligation of the CT to release COLLATERAL in favor of the CP in coordination with SIX SIS.

Collateral obligations are governed by the BASIC AGREEMENT.

3 Claims Secured by the Collateral

The COLLATERAL is used to collateralize the EXPOSURES.

4 Transfer and Making Available of

Eligible Assets The CP hereby undertakes to the CT to transfer ELIGIBLE ASSETS with the ALLOWABLE VALUE at least in the amount of the EXPOSURE to the LONGBOX ACCOUNT in order to make these ELIGIBLE ASSETS available to be transferred and credited by SIX SIS to the relevant ESCROW ACCOUNT.

5 Initial Creation of Collateral

The initial collateralization is effected out of the LONGBOX ACCOUNT. SIX SIS transfers ELIGIBLE ASSETS with the ALLOWABLE VALUE in the amount of the EXPOSURE initially reported by the CP from the LONGBOX ACCOUNT to the relevant ESCROW ACCOUNT (credit entry in the relevant ESCROW ACCOUNT). The CP herewith instructs SIX SIS for such transfer and crediting.

Upon the ELIGIBLE INTERMEDIATED SECURITIES and/or ELIGIBLE BOOK MONEY being credited to the relevant ESCROW ACCOUNT, a regular right of lien according to Art. 25 FISA (regarding ELIGIBLE INTERMEDIATED SECURITIES) or, respectively, to Art. 900 Swiss Civil Code (regarding ELIGIBLE BOOK MONEY) in favour of the CT – and thereby COLLATERAL - shall be created, subject to the existence of a BASIC AGREEMENT, being correctly concluded in terms of form and content. If insufficient ELIGIBLE ASSETS with the ALLOWABLE VALUE are available in the LONGBOX ACCOUNT when the initial EXPOSURE materializes, no transfer and crediting is made to the relevant ESCROW ACCOUNT. The EXPOSURE is held as «uncovered» and as pending until sufficient coverage is available in the LONGBOX ACCOUNT. The EXPOSURE shall receive the status «uncovered» (noncollateralization) which is visible for the CP via online query. In addition, SIX SIS shall inform the CP about the noncollateralization as soon as possible.

6 Subsequent Creation of Collateral

Any subsequent collateralization is effected out of the LONGBOX ACCOUNT. SIX SIS transfers ELIGIBLE ASSETS with the ALLOWABLE VALUE in the amount of the undercollateralization, i.e. the current amount of the EXPOSURE less the COLLATERAL with the ALLOWABLE VALUE on the ESCROW ACCOUNT, from the LONGBOX ACCOUNT to the relevant ESCROW ACCOUNT (credit entry in the relevant ESCROW ACCOUNT). The CP herewith instructs SIX SIS for such transfer and crediting. Upon the ELIGIBLE INTERMEDIATED SECURITIES and/or ELIGIBLE BOOK MONEY being credited to the relevant ESCROW ACCOUNT, a regular right of lien according to Art. 25 FISA (regarding ELIGIBLE INTERMEDIATED SECURITIES) or, respectively, to Art. 900 Swiss Civil Code (regarding ELIGIBLE BOOK MONEY) in favour of the CT – and thereby COLLATERAL - shall be created, subject to the existence of a BASIC AGREEMENT, being correctly concluded in terms of form and content.

If the ELIGIBLE ASSETS with the ALLOWABLE VALUE being available in the LONGBOX ACCOUNT are insufficient to cover the EXPOSURE completely, SIX SIS shall transfer and credit the available ELIGIBLE ASSETS to the ESCROW ACCOUNT and shall continuously attempt to transfer additional ELIGIBLE ASSETS to the ESCROW ACCOUNT if and when they become available on the LONGBOX ACCOUNT. The EXPOSURE shall receive the status «undercollateralized» (undercollateralization) which is visible for the CP via online query. In addition, SIX SIS shall inform the CP about the undercollateralization as soon as possible.

7 Withdrawal of the Right of Disposal

When ELIGIBLE ASSETS are credited to the relevant ESCROW ACCOUNT, the CP no longer has a right of disposal with respect to such ELIGIBLE ASSETS with the exception of the right of substitution in accordance with sec. 8. SIX SIS shall ensure that the right of disposal on the part of the CP of the relevant ESCROW ACCOUNT is withdrawn from a technical perspective.

8 Right of Substitution

With the exception of para. 2 below, the CP may replace the COLLATERAL with other ELIGIBLE ASSETS of the same ALLOWABLE VALUE at any time. To do so, the CP shall issue instructions to SIX SIS to substitute the COLLATERAL.

The right of substitution lapses when NOTIFICATION 1 or 2 is given in accordance with sec. 20.

9 Control Agreement under Art. 25

FISA The CP expressly and irrevocably authorizes SIX SIS to execute the instructions of the CT with respect to COLLATERAL in the form of ELIGIBLE INTERMEDIATED SECURITIES without requiring further consent from the CP at any time after receipt of the NOTIFICATION 1 or 2 according to sec. 20.

10 Representations and Warranty

With respect to COLLATERAL, both at the time the TCM AGREEMENT being concluded and also for the total duration of this TCM AGREEMENT, the CP shall make the representations to the CT that it, i.e. the CP, is the sole legal and beneficial owner of the COLLATERAL.

Each of the CP and the CT severally but not jointly warrant: a. to have undertaking all necessary actions to ensure that it can each fulfill its obligations under the TCM AGREEMENT; b. that the TCM AGREEMENT is also valid and binding under the law applicable on the CP and the CT and is enforceable visà-vis them.

11 Asset Rights on Collateral

Both recurring asset rights (e.g. interest payments, dividends) and other asset rights (such as a surrogate resulting from the exercise of subscription rights, bonus shares, liquidation proceeds) arising from the COLLATERAL are covered by the lien and credited to the relevant ESCROW ACCOUNT.

12 Exercise of Subscription Rights and

Membership Rights Regarding Collateral Subscription rights and membership rights are exercised by the CP. The CP may substitute the COLLATERAL concerned in accordance with sec. 8 if required to do so in order to exercise such rights.

13 Release of Collateral

If the EXPOSURE becomes extinct following fulfillment by the CP, SIX SIS shall release the COLLATERAL provided in this respect. The released COLLATERAL is transferred back to the LONGBOX ACCOUNT of the CP.

14 Conclusion or Amendment of a

Collateral Schedule The CT determines the «Collateral Schedule esisuisse» within the framework of this agreement. The CT shall electronically inform SIX SIS about the conclusion or changes of the COLLATERAL SCHEDULE. The «Collateral Schedule esisuisse» is subject to the approval of SIX SIS. The process described in the SERVICEGUIDE must be followed.

15 Obligations of SIX SIS

Provided no further obligations arise out of the TCM AGREEMENT, SIX SIS assumes the following obligations with respect to TCM. It shall: a. ensure the administration regarding the TCM AGREEMENT and the COLLATERAL SCHEDULES; b. open and maintain LONGBOX ACCOUNTS as well as ESCROW ACCOUNTS; c. transfer ELIGIBLE ASSETS with the ALLOWABLE VALUE in the amount of the EXPOSURE from the LONGBOX ACCOUNT to the relevant ESCROW ACCOUNT (credit entry in the relevant ESCROW ACCOUNT);

d. enters the EXPOSURE amount, which the CT has communicated to SIX SIS via email with the CP being copied in, into the system, provided that an electronic entering of the EXPOSURE amount by the CT is not possible for technical reasons; e. value the COLLATERAL several times a day in accordance with the provisions of the rules and regulations pursuant to sec.

10 GTC SIX SIS and ensure by means of

mark-to-market and value adjustments that COLLATERAL with the ALLOWABLE VALUE in the amount of the EXPOSURE is credited to the ESCROW ACCOUNT at all times, thereby considering the THRESHOLD LIMITS;

f. keep the CP and the CT informed of a increase or decrease of the EXPOSURE;

g. perform any actions in relation to corporate actions in accordance with the SERVICEGUIDE; h. notify the CP of any executed collateral calls and collateral returns; i. book COLLATERAL out of the relevant ESCROW ACCOUNT in the event of fulfillment of the EXPOSURE and book assets of the relevant amount into the LONGBOX ACCOUNT;

j. upon receiving NOTIFICATION 1 or 2 in the case of a default procedure, set the concerned EXPOSURE to «default», prepare the COLLATERAL in the relevant ESCROW ACCOUNT provided with respect to this EXPOSURE in the corresponding amount for disposal and follow further instructions of the CT.

16 Obligations of the CP

Provided no further obligations arise out of the TCM AGREEMENT, the CP assumes the following obligations with respect to TCM. It shall: a. ensure ELIGIBLE ASSETS with the ALLOWABLE VALUE at least in the amount of the EXPOSURE are available in the LONGBOX ACCOUNT for the purpose of collateralization; b. authorize SIX SIS to transfer ELIGIBLE ASSETS with the ALLOWABLE VALUE in the amount of the EXPOSURE to the relevant ESCROW ACCOUNT;

c. conclude a legally binding BASIC AGREEMENT with the CT under exclusion of the responsibility of SIX SIS; d. obtain clarification as to the suitability of the TCM service with regard to collateral obligations under the BASIC AGREEMENT under exclusion of the responsibility of SIX SIS.

17 Obligations of the CT

Provided no further obligations arise out of the TCM AGREEMENT, the CT assumes the following obligations with respect to TCM. It shall: a. notify SIX SIS of the EXPOSURE according to the communication means described in sec. 18; b. conclude a legally binding BASIC AGREEMENT with the CP under exclusion of the responsibility of SIX SIS;

c. obtain clarification as to the suitability of the TCM service with regard to collateral obligations under the BASIC AGREEMENT under exclusion of the responsibility of SIX SIS; d. issue instructions, including the NOTIFICATION 1 or 2, to SIX SIS in case of the default procedure.

18 Communication in General

Subject to any provisions to the contrary in this TCM AGREEMENT and the SERVICEGUIDE, communication shall take place via Collateral Cockpit, SWIFT or email.

19 Communication by E-Mail

E-mails must be sent using always encryption by Transport Layer Security. The CONTRACTING PARTIES are aware that absolute security is not guaranteed. Each CONTRACTING PARTY shall be responsible for security measures as regards its own infrastructure in connection with communication by e-mail.

Subject to the following provisions, SIX SIS shall be liable pursuant to sec. 47 GTC SIX SIS. Unless resulting from SIX SIS’s gross negligence or wilful misconduct, it shall not be liable: a. for any damage resulting from the use or non-use of e-mail;

b. for the transfer of data by e-mail from the CP or the CT to SIX SIS and from SIX SIS to the CP or the CT; c. authenticity, completeness, correctness or currentness of e-mails and included information which the CP sends to SIX SIS, always using the domain defined on the cover page of this TCM AGREEMENT;

d. authenticity, completeness, correctness or currentness of e-mails and included information which the CT sends to SIX SIS, always using the domain «@esisuisse.ch»; e. for any damage resulting from the unavailability or limited availability of email services;

f. for any damage resulting from errors in transmission, incorrect information, technical deficiencies, malfunctions, illegal tampering with network installations or network overloading.

SIX SIS also reserves the right to refuse the use of e-mails at any time should it become aware of any security risks or for other important reasons. Any liability of SIX SIS for damage resulting from such refusal is excluded.

If the CP is not copied in in the e-mails of the CT regarding EXPOSURE instruction, such instruction is not valid.

20 Procedure in Case of Default 1 or 2

of the CP The material requirements according to which the CT can claim the COLLATERAL are governed by the provisions of the BASIC AGREEMENT. The CONTRACTING PARTIES define these cases as default 1 of the CP (withdrawal of license and/or bankruptcy and/or liquidation and/or PROTECTION MEASURE FINMA regarding the CP) and as default 2 of the CP (withdrawal of license and/or bankruptcy and/or liquidation and/or PROTECTION MEASURE FINMA regarding another member of the CT in combination with simultaneous nonfulfillment/incomplete fulfillment of the CONTRIBUTION OBLIGATION by the CP) for the purposes of the present TCM AGREEMENT.

20.1 Default 1 of the CP

In case of a default 1 of the CP, the CT is entitled to inform SIX SIS of such event according to the form (NOTIFICATION 1) included in appendix 1. The CP herewith irrevocably authorizes SIX SIS to execute the instructions according to the NOTIFICATION 1 and the subsequent instructions of the CT regarding the relevant ESCROW ACCOUNTS without further consent from or cooperation of the CP. SIX SIS is entitled and obliged to comply with NOTIFICATION 1 and the subsequent instructions of the CT. After having received the NOTIFICATION 1, SIX SIS is entitled and obliged to set the concerned EXPOSURE to «default» and to prepare the COLLATERAL in the relevant ESCROW ACCOUNT provided for this EXPOSURE. The collateralization process regarding the concerned EXPOSURE shall be stopped. There shall be no more transfers between the LONGBOX ACCOUNT and the ESCROW ACCOUNT; SIX SIS is in particular obliged to not release or substitute COLLATERAL any more as of receipt of the NOTIFICATION 1.

As of receipt of the NOTIFICATION 1 at SIX SIS, the CT is entitled but not obliged to dispose of the relevant amount of COLLATERAL in any legally valid way and without prior notice. The CT is solely responsible for the consequences of executing or omitting of the NOTIFICATION 1 or of subsequent instructions as well as for asserting contractual and statutory legal means regarding a default 1 of the CP.

SIX SIS is neither entitled nor obliged to examine the material requirements of a default 1 of the CP, of rights resulting thereof or of a disposal/realization of COLLATERAL according to the BASIC AGREEMENT.

20.2 Default 2 of the CP

In case of a default 2 of the CP, the CT is entitled to inform SIX SIS of such event according to the form (NOTIFICATION 2) included in appendix 2. The CP herewith irrevocably authorizes SIX SIS to execute the instructions according to the NOTIFICATION 2 and the subsequent instructions of the CT regarding the relevant ESCROW ACCOUNTS without further consent from or cooperation of the CP. SIX SIS is entitled and obliged to comply with NOTIFICATION 2 and the subsequent instructions of the CT.

After having received the NOTIFICATION 2, SIX SIS is entitled and obliged to set the concerned EXPOSURE to «default» and to prepare the COLLATERAL in the relevant ESCROW ACCOUNT provided for this Exposure according to the EXPOSURE amount mentioned in the NOTIFICATION 2 for disposal by the CT.

If the CT mentions the complete amount of the EXPOSURE in the NOTIFICATION 2, the CP is in full default. If the CT mentions only a partial amount of the EXPOSURE in the NOTIFICATION 2, the CP is in partial default. In case of full default, the collateralization process regarding the concerned EXPOSURE shall be stopped. There shall be no more transfers between the LONGBOX ACCOUNT and the ESCROW ACCOUNT. In case of partial default, the CT is entitled to instruct SIX SIS to randomly select and hold COLLATERAL according to the partial amount of the EXPOSURE mentioned in the NOTIFICATION 2 for disposal by the CT. The COLLATERAL selected shall be based on its ALLOWABLE VALUE at the time of the NOTIFICATION 2 of the partial default. The EXPOSURE is reduced by the partial amount mentioned in the NOTIFICATION 2. The remaining collateral is used to continue the collateralization of the new EXPOSURE. SIX SIS informs the CP and the CT of the new EXPOSURE. Such EXPOSURE remains until SIX SIS is notified about an updated EXPOSURE.

In both cases of default, the CT shall, as of receipt of the NOTIFICATION 2, be entitled but not obliged to dispose of the relevant amount of COLLATERAL in any legally valid way and without prior notice.

The CT is solely responsible for the consequences of executing or omitting of a NOTIFICATION 2 or of subsequent instructions as well as for asserting contractual and statutory legal means regarding a default of the CP. SIX SIS is neither entitled nor obliged to examine the material requirements of a default of the CP, of rights resulting thereof or of a disposal/realization of COLLATERAL according to the BASIC AGREEMENT.

21 Liability of SIX SIS

SIX SIS shall exercise due care at all times. It shall not accept liability with respect to the events listed in sec. 22 below. The liability regarding communication via e-mail is governed by sec. 19.

22 Exclusion of Liability of SIX SIS

SIX SIS shall not be liable for:

a. the legal consequences of a legally non-binding BASIC AGREEMENT;

b. the eligibility of TCM for the relationship between the CP and CT; c. the enforceability of TCM in the event of the CP’s and/or the CT’s insolvency; d. the sufficing of the credit of the COLLATERAL in the relevant ESCROW ACCOUNT as legally binding transfer («Verfügungsgeschäft») for the creation of the security right on the COLLATERAL; e. any possible damage suffered by the CP and/or the CT:

• by executing or omitting a NOTIFICATION or of any steps after a NOTIFICATION;

• by executing or omitting a termination according to sec. 30 or of any steps after such termination.

23 Declaration of Waiver of SIX SIS

SIX SIS waives vis-à-vis the CP and the CT its right of retention and foreclosure according to sec. 48a GTC SIX SIS (and

Art. 21 FISA respectively) regarding the

COLLATERAL in the relevant ESCROW ACCOUNTS and declares withdrawal of rank («Rangrücktritt») of its lien according to sec. 48b GTC SIX SIS behind the security rights of the CT regarding the COLLATERAL credited to the relevant ESCROW ACCOUNTS.

24 Fees, Costs and Expenses

The current price list of SIX SIS is applicable for the fees.

Any fees, costs and expenses in connection with the booking in and out of ELIGIBLE ASSETS/COLLATERAL in the LONGBOX ACCOUNT and in ESCROW ACCOUNTS are borne by the CP. In a case of default of the CP, any costs and expenses in connection with a disposal of COLLATERAL are borne by the CP. SIX SIS is however entitled in the sense of joint liability («Solidarschuldnerschaft») to claim the compensation for such costs and expenses from the CP or the CT. If the CT pays such costs and expenses, the CP has to reimburse the CT for them.

25 Integral Parts of Contract

The concluded COLLATERAL SCHEDULES, the SERVICEGUIDE the GTC SIX SIS and the appendices 1 and 2 (NOTIFICATIONS) are integral parts of the TCM AGREEMENT. By signing this TCM AGREEMENT, the CP and the CT confirm that they have received the GTC SIX SIS, the SERVICEGUIDE and the appendices 1 and 2 (NOTIFICATIONS) and agree with the contents thereof.

26 No Waiver of Right

Should a CONTRACTING PARTY refrain from asserting a contractual right in an individual instance, this shall not entail a waiver of the enforcement of the respective right in the future.

27 Transfer of Rights and Obligations

to Third Parties; Assignment The rights and obligations resulting from the TCM AGREEMENT may not be transferred to a third party whether in part or as a whole. The assignment of claims under the TCM AGREEMENT is excluded.

28 Amendments to Agreement

All amendments and additions to this TCM AGREEMENT shall only be applicable if agreed in writing between the CONTRACTING PARTIES. This is also required for amendments to this provision.

The SERVICEGUIDE and the appendices 1 and 2 (NOTIFICATIONS) may be amended by SIX SIS at any time. SIX SIS is obliged to inform the CP and the CT about any such amendments.

29 Severability Clause

If provisions of this TCM AGREEMENT are declared void or impractical in whole or in part, or become void or impractical at a later date, this shall not affect the validity of the other provisions of the TCM AGREEMENT. The same applies to any possible gap in the provisions of the TCM AGREEMENT. Any such void or unenforceable provision, or gap, shall be replaced/filled by a provision which in economic terms corresponds as closely as possible to the void or unenforceable provision in the context of what is legally permissible or, in the event of a gap, takes into account what the intention of the CONTRACTING PARTIES pursuant to the meaning and purpose of the TCM AGREEMENT would have been, had they considered the relevant point when concluding the TCM AGREEMENT or when adding a provision at a later stage.

30 Termination

The TCM AGREEMENT may be terminated by each CONTRACTING PARTY at any time subject to a notice period of three months as per the end of a month (hereinafter referred to as «End of Agreement»; such termination hereinafter referred to as «Termination»). The notice of termination must be sent in writing by recorded mail to the relevant counterparties. The duties of the CONTRACTING PARTIES under the TCM AGREEMENT continue after the TERMINATION until the END OF AGREEMENT. The EXPOSURE remains collateralized at the latest until the END OF AGREEMENT, unless it expires earlier.

31 Applicable Law and Place of

Jurisdiction The TCM AGREEMENT shall be governed by Swiss law. Swiss law shall also be the applicable law regarding all connecting factors according to Art. 2 (1) of the Convention of 5 July 2006 on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary as well as regarding all aspects of the law of property and the law of obligations (Art. 105 and Art. 116 Swiss Federal Code on Private International Law). All disputes arising from or in connection with the TCM AGREEMENT, in particular those regarding valid conclusion, legal effect, amendment and dissolution, shall be judged by the ordinary courts in Zurich.

32 Language Versions of Agreement

There are an English and a German version of the TCM AGREEMENT. The CONTRACTING PARTIES shall sign only one of these two language versions. In case of any inconsistencies or interpretation difficulties that may arise between the two language versions, the German version shall prevail.

(Place/Date) Full name SIX SIS AG Collateral Provider Collateral Taker

Appendix 1 (Notification 1) From: esisuisse, Centralbahnplatz 12, 4051 Basel To: SIX SIS AG, Baslerstrasse 100, CH-4600 Olten Date: Dear Madam/Sir Triparty Collateral Management Notification 1

1 We refer to the TCM Agreement dated

[date] with [name/address of CP] as CP. This is a notification 1 and the procedure is governed by sec. 20.1 of the TCM Agreement. Terms defined in the TCM Agreement have the same meaning in this notification 1.

2 The CP is in default 1 with respect to

the exposure.

3 Based on this notification 1, we instruct

SIX SIS irrevocably and without carrying out any further supervisory duties to set the exposure according to the aforementioned sec. 2 to «default» and to prepare the Collateral in the relevant Escrow Account provided for this exposure s for disposal by the CT.

4 We shall issue further instructions to

SIX SIS with respect to the disposal of the Collateral. 5. This notification 1 is irrevocable. Kind regards esisuisse

Appendix 2 (Notification 2) From: esisuisse, Centralbahnplatz 12, 4051 Basel To: SIX SIS AG, Baslerstrasse 100, CH-4600 Olten Date: Dear Madam/Sir Triparty Collateral Management Notification 2

1 We refer to the TCM Agreement dated

[date] with [name/address of CP] as CP. This is a notification 2 and the procedure is governed by sec. 20.2 of the TCM Agreement. Terms defined in the TCM Agreement have the same meaning in this notification 2

2 The CP is in default 2 with respect to

the following exposure: □ default in the full amount □ partial default in the amount of [amount in CHF]

3 Based on this notification 2, we instruct

SIX SIS irrevocably and without carrying out any further supervisory duties to set the exposure according to the aforementioned sec. 2 to «default» and to prepare the Collateral in the relevant Escrow Account provided for this exposure s for disposal by the CT.

4 We shall issue further instructions to

SIX SIS with respect to the disposal of the Collateral. 5. This notification 2 is irrevocable. Kind regards esisuisse English

Appendix 4 to the agreement on self-regulation for the deposit insurance scheme

Collateral account pledge contract

(Version of 23.12.2022)

between esisuisse, Centralbahnplatz 12, 4051 Basel (hereinafter «esisuisse») and member of esisuisse Business name according to registry of commerce: Address: Postcode and Place: (hereinafter «member») regarding the pledge of sight deposits held with the SNB

Preamble esisuisse is a self-regulatory organisation for banks and securities firms in Switzerland and is tasked with implementing the deposit insurance scheme set out by law. All banks with a branch in Switzerland must be members of esisuisse.

Banks and securities firms are obliged to pay to esisuisse the amounts stipulated by law to fund the deposit insurance scheme. esisuisse will pass these contributions in the event of bankruptcy to finance the payout of the protected deposits to the bankruptcy liquidator of the bank.

According to Swiss banking law, banks and securities firms must provide ex-ante security («collateral») for half of their contribution obligations to the deposit insurance scheme.

The member intends to use a portion of its sight deposits held with the Swiss National Bank («SNB») as collateral in favour of esisuisse.

1 SNB collateral account

The member holds a current account at the SNB («main account»). In order to provide collateral, the member has opened an additional account with the SNB («collateral account»), which it has funded or will fund with its sight deposits in accordance with the requirements of esisuisse.

2 Lien

The member hereby pledges its sight deposits shown in the collateral account at the time of entry into force of this agreement as well as in the future as collateral for the member’s obligations towards esisuisse arising from the collateral, pursuant to the «agreement on self-regulation for the deposit insurance scheme» in force between the member and esisuisse.

3 Account blocking and right of

disposal esisuisse is authorised to enforce the lien granted to it according to Clause 2 vis-àvis the SNB at any time and to instruct the SNB to block the collateral account for the purpose of securing outgoing payments.

The blocking of an account means that the member and any third parties authorised by it may only dispose of the sight deposits in the collateral account or demand the return of the sight deposits with the written consent of esisuisse.

4 Scope of cover

The balance of the collateral account must at all times cover esisuisse’s claim against the member arising from the collateral. esisuisse shall inform the member of the respective amount of the collateral.

To this end, the member undertakes to initially fund the collateral account with the amount of the collateral communicated to the member by esisuisse and thereafter, at the first request of esisuisse, to add to the collateral account the difference between the amount of the collateral owed in each case, should this increase.

The member hereby authorises esisuisse to adjust the amount of the sight deposits in the collateral account to the new amount of the collateral in the event of a reduction in the amount of the collateral by means of a corresponding debit and a credit to the member’s main account.

5 Ancillary rights

The income and expenses accruing on the pledged sight deposits are credited to or debited from the main account. Credits are freely available to the member.

6 Release of the pledged sight

deposits esisuisse undertakes to release the pledged sight deposits to the member if this obligation to provide collateral lapses in accordance with the «agreement on self-regulation for the deposit insurance scheme».

7 Liquidation

esisuisse is immediately authorised to dispose of the collateral privately (with settlement at par value and the release of any surplus) by means of a payment instruction to the SNB if the member is in default with the pledged main claim.

8 Rights and duties of esisuisse

esisuisse has the right to inspect the collateral account and all material information in connection with the pledge at any time.

esisuisse undertakes to: a. adjust the amount of the sight deposits in the collateral account to the new amount of the collateral in the event of a reduction in the amount of the collateral by means of a corresponding debit and a credit to the member’s main account. b. dispose of the pledge or parts thereof only in the event and to the extent of the member’s default. c. release or transfer the pledge to the investigator, reorganisation agent or liquidator designated by FINMA for the purpose of payout of the protected deposits in the event of a deposit insurance call by the member in accordance with the «agreement on self-regulation for the deposit insurance scheme».

9 Fee

The management fee to be paid to esisuisse for this agreement is calculated based on time spent and amounts to at least CHF 300 per year and is due in advance for the entire or commenced calendar year.

10 Transfer of rights and obligations to

third parties The rights and obligations arising from this agreement are not transferable in whole or in part to third parties.

11 Entry into force and termination

This agreement enters into force upon signature by all parties.

It cannot be terminated as long as the member has a collateral account with the SNB. If the member closes the collateral account, this agreement continues to apply until full repayment of esisuisse’s claim against the member arising from the collateral or, in the event of a change of collateral model, until the new collateral has been provided.