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If this is in relation to a swap and going to a “US person” as defined under the Commodity Futures Trading Commission rules and regulations, the following disclaimers apply:
The information is for discussion purposes only and is not an offer, commitment, recommendation or solicitation by TD Securities to enter into any transaction, including a swap with you, nor is it an official confirmation of terms.
In the event that you seek to amend or extend any transaction or enter into any swap transaction referred to herein, (x) to the extent that you are not an “eligible contract participant” (“ECP”) within the meaning of Section 1a(18) of the Commodity Exchange Act, as amended (the “Act”), (y) to the extent you have not provided a written representation specifying the provision of the Act or the paragraph of the rule promulgated thereunder that describes its status as an ECP or (z) based on our credit determination at that time, we may not be able to enter into a swap transaction or amendment to the swap transaction which may result in you incurring additional costs and payments.