M A RG I N D I S C L O S UR E S TATEM E NT
Apex Clearing and Introducing Broker Ally Invest Securities LLC
We are furnishing this document to you to provide some basic facts about purchasing securities on margin, and to alert you to the risks involved with
tradi ng securities in a margin account. Before trading stocks in a margin account, you should carefully review the margin agreement provided by your
broker. Consult your broker regarding any questions or concerns you may have with your ma rgin accounts.
When you purchase securities, you ma y pay for the securities in full or you may borrow part of the purchase price from your brokerage firm. If you
choos e to borrow funds from your firm, you will open a margin account wi th the firm. The securities purchased are the firms collateral for the loan
to you. If the securities in your account decline in value, so does the value of the collateral supporting your loan, and as a result, the firm can take
action, such as issue a margin call and/or s ell securities i n your account, in order to maintain the required equity in the account.
It i s important that you fully understand the risks involved in trading s ecurities on margin. These ri sks include the following:
You can lose more funds than you deposit in the margin account. A decline in the value of s ecurities that are purchased on margin may
require you to provide additional funds to the firm that has made the loan to avoid forced sale of those securities or other securities in your
account.
The firm can force the sale of securities in your account. If the equity in your a ccount falls below the maintenance margin requirements
under the law, or the firms higher house requirements, the fi rm can sell the s ecurities in your a ccount to cover the margin deficiency. You
also will be responsible for any s hortfall in the a ccount after such a sale.
The firm can sell your securities without contacting you. Some i nvestors mistakenly believe that a firm must contact them for a margin
call to be valid, and that the firm cannot liquidate securities in their accounts to meet the call unless the firm has contacted them first. This
is not the case. Most firms will attempt to notify their customers of margin calls, but they a re not required to do so. However, even if a firm
has contacted a customer and provided a specific date by which the customer can meet a margin call, the firm can still take necessary steps
to protect its financial interest, including immediately s elling the securities without notice to the customer.
You are not entitled to choose which security in your margin account is liquidated or sold to meet a margin call. Because the s ecurities
are col lateral for the margin loan, the firm has the right to decide which security to s ell in order to protect its interests.
The firm can increase its house maintenance margin requirement at any time and is not required to provide you advance written notice.
These changes in firm policy often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to
satisfy the call may ca use the member to l iquidate or s ell s ecurities i n your account.
You are not entitled to an extension of time on a margin call. Whi le an extension of ti me to meet margin requirements may be available
to cus tomers under certain conditions, a customer does not have a right to the extension.
The IRS requires Broker Dealers to treat dividend payments on loaned securities positions as a substitute payment in lieu of a dividend.
A substitute payment is not, a qualified dividend and is taxed as ordinary i ncome.
Industry regulations may limit, in whole or in part, your ability to exercise voting rights of securities that have been lent or pledged to
others. You ma y receive proxy materials indicating voting rights for a fewer number of shares than are in your a ccount, or you may not
recei ve any proxy materials.
APEX CREDIT TERMS & POLICIES
The following Disclosure of Credit Terms a nd Policies is required by the Securities and Exchange Commission a nd is part of your Apex Account
Cus tomer Account Agreement. It describes the terms under which we extend credit and charge i nterest and how your obligations are secured by
property in your Account.
Interest Charges. We will charge interest on a daily basis on the credit we extend to you. The daily interest charges are calculated by multiplying your
"daily a djusted debit balance" by the "daily margin interest rate." Generally speaking, your daily a djusted debit balance is the actual settled debit
ba l ance i n your Margin a nd Short Account, i ncreased by the value of s ecurities held short a nd reduced by the amount of any settled credit balance
carried i n your Cash Account.
We ca lculate your daily-adjusted debit balance each day by a djusting your previous day's balance by any debits a nd credits to your a ccount and by
cha nges in the value of short positions. If your daily-adjusted debit balance is reduced because you deposit a check or other item that is later returned
to us unpaid, we may a djust your account to reflect interest charges you have incurred.
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We res erve the right to charge interest on debit balances in the Cash Account. Periodically, we will send you a comprehensive statement showing
the a ctivity in your account, including applicable interest charges, interest rates and adjusted daily debit balances.
Daily Margin Interest Rate. The "daily margin interest rate" is based on a 360-day year. It is calculated for each day by dividing the base margin
interest rate by 360. Note that the use of a 360-day yea r results i n a higher effective rate of interest than if a year of 365 da ys were used.
The a pplicable margin i nterest rate is the base rate for a ll daily a djusted debit balances. Your margin interest rate will be adjusted a utomatically and
without notice to reflect any change in the Base Rate. If your interest rate increases for a ny reason other than a change in the Base Rate, we will give
you written notice at least 30 da ys' prior to that change.
Compounding Interest Charges. We compound interest on a daily basis. Interest cha rges will accrue to your a ccount each day. We wi ll include the
cha rges in the next day's opening debit balance and charge i nterest a ccordingly. The i nterest ra tes described above do not reflect compounding of
unpaid interest charges; the effective i nterest rate, taking into effect s uch compounding, will be higher.
Initial Margin Requirements. The Federal Reserve Board a nd va rious stock exchanges determine ma rgin l oan rules and regulations. When you
purcha se securities on margin, you agree to deposit the required initial equity by the settlement date and to maintain your equity at the required
levels. The maximum a mount we currently may loan for common s tock (equity) securities is 50% of the value of ma rginable securities purchased in
your Margin and Short Account; different requirements apply to non-equity s ecurities, such as bonds or options. If the market value of stock held as
col lateral i ncreases after you have met the initial margin requirements, your available credit may increase proportionately. Conversely, if the market
va l ue decreases, your available credit may proportionately decrease.
Initial margin requirements may change without prior notice. We may impose anytime and without prior notice more stringent requirements on
pos itions that i n our s ole discretion involve hi gher levels of risk; for example, hi gher l imits may a pply for thinly traded, s peculative or volatile
securities, or concentrated positions of s ecurities.
You ma y purchase only certain securities on margin or use them as collateral i n your Margin a nd Short Account. Most s tocks traded on national
securities exchanges, and some over-the-counter (OTC) securities are marginable. At our discretion, we reserve the right not to extend credit on any
security.
Equity s ecurities with a market value of less than $3 per share may not be purchased on margin or deposited as margin collateral. If the market value
of a s ecurity drops below $3 per share, the security will not be assigned any value as collateral to secure your margin obligations.
Margin Maintenance Requirements. You must maintain a minimum amount of equity in your account to collateralize your outstanding loans and
other obligations. Margin maintenance requirements a re set:
By the rules and regulations of the New York Stock Exchange, the American Stock Exchange, and other regulatory agencies to the jurisdiction
of whi ch we are subject; and
Accordi ng to our s ole discretion and judgement.
You agree to maintain in your Margin and Short Account collateral of the type a nd a mount required by:
Appl icable exchange rules and federal regulations; and
Our Disclosure of Credit Terms and Policies; or
As required by us , at our discretion.
Margin maintenance requirements may cha nge without prior notice.
We ma y issue a "margin ca ll" (that is, a notification to deposit a dditional collateral) if your a ccount equity falls below the margin maintenance
requi rement. This can happen for vari ous reasons. The most common reasons a re a decrease i n the value of l ong securities held as collateral or an
increase in the value of s ecurities held short.
As a general guideline and when i t is practicable to do so, we may (but are not required to) issue a margin ca ll when the equity i n your Margin and
Short Account falls below a predetermined percentage of the market value of assets at risk (that is, the sum of the market values of the long and
short equity s ecurity positions) in your Margin and Short Account. The a mount of additional collateral we require usually i s an amount s ufficient to
rai se your equity to minimum standards. For i nformation on the current equity requirements, please contact your broker.
We reta in absolute discretion to determine whether, when and in what amounts we will require additional collateral. In some situations, we may
find it necessary to require a higher level of equity in your account. For example, we may require additional collateral if an a ccount contains:
Only one security or a l arge concentration of one or more securities; or
Low-priced, thinly traded or volatile securities; or if
Some of your collateral is or becomes restricted or non-negotiable or non-marginable. We also may consider market conditions and your
financial resources.
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CUSTOMER MARGIN & SHORT
ACCOUNT AGREEMENT
APEX CLEARING CORPORATION AND/OR
BROKER DEALERS FOR WHICH IT CLEARS
ACCOUNT NUMBER:
This Customer Margin and Short Account Agreement (the “Agreement”) sets forth the respective rights and obligations of Apex, the Introducing Broker and the
Customer (all as defined below) in connection with the Customer’s margin account opened with the Introducing Broker for the purchase and sale of securities and/or
the borrowing of funds. The Customer understands that Apex has been designated as the clearing firm on the account and the Customer hereby acknowledges and
agrees that the margin extended to the Customer hereunder is provided by Apex.
1. Applicable Rules and Regulations. All transactions shall be subject to the constitution, rules, regulations, customs and usages of the exchange or market and its
clearing house, if any, upon which such transactions are executed, except as otherwise specifically provided in this Agreement.
2. Definitions. Introducing broker
means any brokerage firm, which introduces securities transactions on behalf of the Customer, which transactions are cleared
through you, whether one or more. Obligations means all indebtedness, debit balances, liabilities or other obligations of any kind of the Customer to you,
whether now existing or hereafter arising. Securities and other property” shall include, but shall not be limited to, money, securities, commodities or other
property of every kind and nature and all contracts and options relating thereto, whether for present or future delivery. “You”,your” orApex refers to Apex
Cl e a ri ng Corporati on.Cu stomer refers to the party or parties signing this agreement.
3. Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introd ucing Broker
or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Custo mer's fa il ure to pa y for s ecurities and
other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's
accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securi ti es a nd other p rope rty, and/or
borrow or buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Cust omer, all without notice
or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or
you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in o rde r t o a ssure the performance
or pa yme nt of a ny op en c ontract ua l commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer
at any time and for any reason. Any and all securities and other property now or hereafter held, carried or maintained by you in or for any of the accounts of the
Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest, shall be subject
to a first and prior lien and security interest for the discharge of all of the obligations of the Customer to you, whenever or however arising and without regard to
whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all
securities and other prope rty in any of t he Customer’s accounts, and/or to transfer any such securities and other property among any of the Customers accounts,
to the fullest extent allowed by law and without notice where allowed. You shall have the right to transfer securities and other property so held by you from or to
any other of the accounts of the Customer whenever you so determine.
4. Liquidation. In the event of the death of the Customer, or in the event the margin in any account in which the Customer has an interest shall in either your or the
Introducing Broker’s discretion become unsatisfactory to either you or the introducing broker, or be deemed insufficient by either you or the introducing broker,
you a re he re by a uthorize d; (a ) t o sel l a ny or all securities or other property which you may hold for the Customer (either individually or jointly with others); (b) to
buy any or all securities and other property which may be short in such accounts; and/or (c) to cancel any open orders and to close any or all outstanding contracts;
all without demand for margin or additional margin, notice of sale or purchase, or other notice or advertisement, and that any prior demand or notice shall not
be a waiver of your rights provided herein. You may likewise accept and rely upon instructions which you receive from the introducing broker to effect any of the
aforementioned transactions (as noted in (a), (b), and (c)). You shall have the discretion to determine which securities and other property are to be sold and which
contra cts a re to b e c losed. Any s uch s ales or p urchas es may be made a t your disc reti on o n a ny e xchange, t he over-the-counter market or any other market where
such business is usually transacted, or at public auction or private sale, and you may be the purchaser for your own account.
5. Cancellation. You are authorized, in your discretion, should you for any reason whatsoever deem it necessary for your protection, without noti ce, to cancel any
outstanding order, to close out the accounts of the Customer, in whole or in part, or to close out any commitment made on behalf of the Customer.
6. Payment of Indebtedness Upon Demand. The Customer shall at all times be liable for the payment upon demand of any obligations owing from the Customer to
you, and the Customer shall be liable to you for any deficiency remaining in any such accounts in the event of the liquidation thereof (as contemplated in Paragraph
4 of this Agreement or otherwise), in whole or in part, by you or by the Customer; and the Customer shall make payment of such obligations upon demand.
7. Liability of Costs of Collection. The losses, costs and expenses, including but not limited to reasonable attorneys fees and expenses, incurred and payable or paid
by you in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of
the Customer’s securities transactions, shall be payable to you by the Customer.
8. Accounts Carried as Clearing Broker. The Customer understands that you are carrying the accounts of the Customer as clearing broker by arrangement with the
Customer’s Introducing Broker through whose courtesy the account of the Customer has been introduced to you. Until receipt from the Cus tomer of written
notice to the contrary, you may accept from and rely upon the Customer’s Introducing Broker (a) orders for the purchase or sale of se curities and othe r property,
and (b) any other instructions concerning the Customer’s accounts. The Customer represents that the Customer understands that you act only to clear trades
introduced by the Customer’s Introducing Broker and to effect other back office functions for the Customer’s Introducing Broker. The Customer confirms to you
that the Customer is relying for any advice concerning the Customer’s accounts solely on the Customer’s Introducing Broker. The Customer understands that all
representatives, employees and other agents with whom the Customer communicates concerning the Customer’s account are agents of the Introducing Broker
and not your representatives, employees or other agents. The Customer understands that you are not a principal of or partner with, and do not control in any
way, the Introducing Broker or its representatives, employees or other agents. The Customer understands that you will not review the Customer’s accounts and
will have no responsibility for trades made in the Customer’s accounts. You shall not be responsible or liable for any acts or omissions of the Introducing Broker
or its representatives, employees or other agents. Notwithstanding the foregoing, in the event that the Customer initiates a claim against you in your capacity as
clearing broker and does not prevail, the Customer shall be responsible for the costs and expenses associated with your defense of such claim. The Customer
understands you shall be entitled to exercise and enforce directly against the Customer all rights granted to the Introducing Br oke r.
PF10097-MRGN 07/13/2018
CUSTOMER MARGIN & SHORT ACCOUNT AGREEMENT
APEX CLEARING CORPORATION AND/OR BROKER DEALERS FOR WHICH IT CLEARS
9. Communications. You may send communications to the Customer at the Customer’s address on the New Account Application or at such other address as the
Customer may hereafter give you in writing, and all communications so sent, whether by mail, telegraph, messenger or otherwise, shall be deemed given to the
Customer personally, whether actually received or not. Reports of execution of orders and statements of accounts of the Customer shall be conclusive if not
objected to in writing to you, the former within five (5) days and the latter within ten (10) days, after forwarding by you to the Customer by mail or otherwise.
10. ARBITRATION AGREEMENT. THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES
AGREE AS FOLLOWS:
a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS
PROVIDED BY THE RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED;
b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS
VERY LIMITED.
c. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION
THAN IN COURT PROCEEDINGS;
d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED
DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE.
e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS
INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT.
g. THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS
AGREEMENT.
THE FOLLOWING ARBITRATION AGREEMENT SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES ABOVE. ANY AND ALL CONTROVERSIES, DISPUTES OR
CLAIMS BETWEEN THE CUSTOMER AND YOU, OR THE INTRODUCING BROKER, OR THE AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL
PERSONS OF YOU OR THE INTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE V A L IDITY
OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF Y OUR BUSINESS,
THE INTRODUCING BROKER'S BUSINESS OR THE CUSTOMER'S ACCOUNTS, SHALL BE CONDUCTED PURSUANT TO THE CODE OF ARBITRATION PROCEDURE OF THE
FINANCIAL INDUSTRY REGULATORY AUTHORITY (“FINRA”). THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL
PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE
SUCH ENTRY.
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 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; or (ii) the class 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.
11. Hypothecation. Within the limitations imposed by applicable laws, rules and regulations, all securities now or hereafter held by you, or carried by you in any
account for the Customer (either individually or jointly with others), or deposited to secure same, may from time to time, witho ut a ny notice, be c arrie d in your
general loans and may be pledged, repledged, hypothecated or rehypothecated, separately or in common with other securities for the sum due to you thereon
or for a greater sum and without retaining in your possession or control for delivery a like amount of similar securities. The IRS requires Broker Dealers to treat
dividend payments on loaned securities positions as payments received in0lieu of dividends for 1099 tax reporting purposes. Taxation of substitute dividend
payments may be greater than ordinary on qualified dividends. It is understood, however, that you agree to deliver to the Customer upon demand and upon
payment of the full amount due thereon, all securities in such accounts, but without obligation to deliver the same certificates or securities deposited by the
Customer originally. Any securities in the Customer’s margin or short account may be borrowed by you, or lent to others.
12. Interest. Debit ba lances in a ll the accounts of the Customer s hall be charged with interest in a ccordance with your es tablished c us to m, a s d i sc losed t o t he C ustomer
in the Customer Information Brochure pursuant to the provisions of Rule 10b016 of the Securities Exchange Act.
13. Margin. The Customer agrees to maintain in all accounts with you such positions and margins as required by all applic abl e s tat utes , ru le s, regul ati ons, procedures
and custom, or as you deem necessary or advisable. The Customer agrees to promptly satisfy all margin and maintenance calls.
14. Sales. The Customer agrees to specifically designate any order to sell a security, which the Customer does not own as a short sale, and understands that you will
mark such order as a short sale. The Customer agrees that any order which is not specifically designated as a short sale is a sale of s ecurities owned by the
Customer, and that the Customer will deliver the securities on or before settlement date, if not already in the account. If the Customer should fail to make such
delivery in the time required, you are authorized to borrow such securities as necessary to make delivery for the Customers sale, a nd the Customer agrees to be
responsible for any loss you may thereby sustain, or which you may sustain as a result of your inability to borrow such securities.
15. Representations. The Customer represents that the Customer is of majority age, that the Customer is not an employee of any exchange, or of any corporation of
which any exchange owns a majority of the capital stock, or of a member of any exchange, or of a member firm or a member corporation registered on any
exchange or of a bank, trust company, insurance company or of any corporation, firm or individual engaged in the business dealing either as broker or as principal
in securities, bills of exchange, acceptances or other forms of commercial paper. If the Customer is a corporati on, partnershi p, trust or othe r e ntity, t he Customer
represents that its governing instruments permit this Agreement, that all applicable persons have authorized this Agreement and that the Customer's signatory
is authorized to bind the Customer. The Customer represents that the Customer shall comply with all applicable laws, rules and regulations in connection with
the Customer’s account. The Customer further represents that no one except the Customer has an interest in the account or accounts of the Customer wit h you.
16. Joint Account. If the Customer shall consist of more than one person, the Customer's obligations under this Agreement shall be joint and several. You may rely
on transfer or other instructions from any one of the Customers in a joint account, and such instructions shall be binding on each of the Customers. You may
deliver securities or other property to, and send confirmations; notices, statements and communications of every kind, to any one of the Customers, and such
PF10097-MRGN 07/13/2018
CUSTOMER MARGIN & SHORT ACCOUNT AGREEMENT
APEX CLEARING CORPORATION AND/OR BROKER DEALERS FOR WHICH IT CLEARS
action shall be binding on each of the Customers. Notwithstanding the foregoing, you are authorized in your discretion to require joint a ction by the joi nt tenants
with respect to any matter concerning the joint account, including but not limited to the giving or canc ellat ion of orders a nd the withdrawal of mone y, s ecurities,
futures or commodities. In the case of Tenants by the Entirety accounts, joint action will be required for all matters concerning the joint account. Tenants by
Entirety is not recognized in certain jurisdictions, and, where not expressly allowed, will not be a permitted designation of the account.
17. Other Agreements. The Customer agrees to be bound by the terms of your New Account Application/Customer Account Agreement
. If the Customer trades any
options, the Customer agrees to be bound by the terms of your Option Agreement. The Customer understands that copies of these agreements are available
from you and, to the extent applicable, are incorporated by reference herein. The terms of these other agreements are in addition to the provisions of this
Agreement and any other written agreements between you and the Customer.
18. Data Not Guaranteed. The Customer expressly agrees that any data or online reports is provided to the Customer without warranties of any kind, express or
implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non0infringement. The Customer acknowledges
that the information contained in any reports provided by you is obtained from sources believed to be reliable but is not guaranteed as to its accuracy of
completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall you or any of your affiliates be liable to the
Customer or any third party for the accuracy, timeliness, or completeness of any information made available to the Customer or for any decision made or taken
by the Customer in reliance upon such information. In no event shall you or your affiliated entities be liable for any special incidental, indirect or consequential
damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on
any theory of liability, arising out of or in connection with the use of any reports provided by you or with the delay or inability to use such reports.
19. Credit Check. You are authorized, in your discretion, should you for any reason deem it necessary for your protection to request and obtain a consumer credit
report for the Customer.
20. Miscellaneous. If any provision of this Agreement is held to be unenforceable; it shall not affect any other provision of this Agreement. The headings of each
section of this Agreement are descriptive only and do not modify or qualify any provision of this Agreement. This Agreement and its enforcement shall be governed
by the laws of the state of Texas and shall cover individually and collectively all accounts which the Customer has previously opened, now has open or may reopen
with you, or any introducing broker, and any and all previous, current and future transactions in such accounts. Except as provided in this Agreement, no provision
of this Agreement may be altered, modified or amended unless in writing signed by your authorized representative. This Agreement and all provisions shall inure
to the benefit of your successors, whether by merger, consolidation or otherwise, your assigns, the Customer’s Introducing Broker, and all other persons specified
in Paragraph 10. You shall not be liable for losses caused directly or indirectly by any events beyond your reasonable control, including without limitation,
government restrictions, exchange or market rulings, suspension of trading or unusually heavy trading in securities, a general change in economic, political or
financial conditions, war or strikes. You may transfer the accounts of the Customer to your successors and assigns. This Agreement sh all be bi ndi ng upon the heirs,
executors, administrators, successors and assigns of the Customer.
21. Account Protection. As a member of the Securities Investor Protection Corporation (SIPC), funds are available to meet customer claims up to a ceiling of $500,000,
including a maximum of $250,000 for cash claims. For addi ti onal i nforma ti on regardi ng SIPC coverage, inc luding a b rochure, pl ease cont act SIPC at (2 02 ) 37108300
or visit www.sipc.org. Apex has purchased an additional insurance policy through a group of London Underwriters (with Lloyd's of London Syndicates as the Lead
Underwriter) to supplement SIPC protection. This additional insurance policy becomes available to customers in the event that SI PC limit s a re e xhausted and
provides protection for securities and cash up to an aggregate of $600 million. This is provided to pay amounts in addition to those returned in a SIPC liquidation.
This additional insurance policy is limited to a combined return to any customer from a Trustee, SIPC and London Underwriters of $150 million, including cash of
up to $2.15 million. Similar to SIPC protection, this additional insurance does not protect against a loss in the market value of securities.
BY SIGNING BELOW, THE CUTOMER AGREES TO ALL TERMS OF THIS CUSTOMER MARGIN AND SHORT ACCOUNT AGREEMENT AND ACKNOWLEDGES THE FOLLOWING: (1) THAT THE
CUSTOMER’S MARGIN ACCOUNT SECURITIES MAY BE BORROWED BY YOU OR LOANED TO OTHERS; (2) RECEIPT OF A COPY OF THIS AGREEMENT AND A COPY OF THE MARGIN DISCLOSUR E
STATEMENT; AND (3) THAT TH IS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CL AUSE ON PAGE 2 , PARGRAPH 10 AND IN AC CORDANCE WITH THIS AGREEMENT THE CUSTOMER
AGREES IN ADVANCE TO ARBITRATE ANY CONTROVERSIES WHICH MAY ARISE BETWEEN THE CUSTOMER, INTRODUCING BROKER AND/IOR YOU.
DATE OF DELIVERY OF MARGIN DISCLOSURE STATEMENT:
Signature
Print Name
Signature (Second Party, If Joint Account)
Print Name
Date
FOR USE BY ENTITY ACCOUNTS ONLY (I.E. CORPORATIONS, PARTNERSHIPS, TRUSTS):
Is this account for a foreign bank? YES No
If Yes , Pleas e lis t Agent for service of process:
Is this account for a foreign shell bank? YES No
Does this firm offer services to a foreign shell bank? YES No
If you answered yes to any of the above questions, Corporations will need to complete
Certification Regarding Correspondent Accounts.
Signature
Print Name
Title Date
PF10097-MRGN 07/13/2018
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