7. Customer's Settlement Obligation In the event your Prime Broker indicates its intention not to settle, or fails to settle, any of your Prime Brokerage Transactions, you shall be responsible and liable to the Executing Broker and Pershing for settling such Prime Brokerage Transaction(s) directly with the Executing Broker and Pershing in a margin account that the Executing Broker will open or has opened in your name on the books of Pershing in accordance with Regulation T of the Board of Governors of the Federal Reserve System. The Executing Broker shall send you a new confirmation of the replacement transaction(s). 8. Discretionary Account (a) If your account is managed on a discretionary basis by an investment advisor, money manager or other person ("advisor"), you hereby acknowledge that your Prime Brokerage Transactions may be commingled with those of other accounts of your advisor ("sub- accounts"), according to your advisor's instructions, for clearance by Pershing in a single bulk trade and for settlement in bulk with your Prime Broker. You further acknowledge that in the event the Prime Broker indicates its intention not to settle or does not settle such bulk trade because of one or more sub-accounts receiving an allocation, the Executing Broker will either cancel and rebill the bulk trade to reflect the reduction of the securities which were originally allocated to the objectionable sub-accounts or, if permissible, execute a corrected allocation of the Prime Brokerage Transaction to sub-accounts in accordance with your advisor's instructions. To facilitate such allocation, the Executing Broker may open and carry an account in your name on Pershing's books and you shall be solely responsible and liable to the Executing Broker for settling such transaction directly with Pershing. You acknowledge that your advisor may resubmit the bulk trade and execute a corrected allocation of the Prime Brokerage Transaction. If you are executing this