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i <br />ERN <br />i <br />its customers to conduct banking transactions in the U.S. through the Customer's Account, and shall not provide its customers with check <br />stock, drafts, wire transfer capabilities or any other means by which its customers are able to draw on the Customer's Account. These types <br />of arrangements are typically called "payable through accounts" and are prohibited under these Account Terms. The Customer acknowledges <br />that the sale of U.S. dollar checks or drafts to third parties is explicitly prohibited without the express written approval of the Bank. <br />AVAILABILITY POLICY - FOR ACCOUNTS MAINTAINED IN THE U.S. <br />The Bank's policy is to make funds available to the Customer on the same, next or second business day after the day of deposit depending on the <br />type of deposit and when the deposit is made as described below. If the Customer will need the funds from a deposit immediately, the Customer <br />should ask the Bank when the funds will be available. <br />A. Determining the Day of a Deposit. If a deposit is made to an account on a business day before the Bank's cutoff time established for that <br />location (which will be no earlier than 2 p.m. local time), then the Bank will consider that day to be the day of deposit. However, if a deposit is <br />made after the cutoff time or on a day that is not a business day, then the Bank will consider the deposit to have been made no later than the <br />next business day. For determining the availability of deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. <br />Availability with respect to any deposit will be determined by the location of the banking center or other facility where the deposit was received. <br />For deposits made at the Bank's automated teller machines (ATMs) the cutoff time is 11 p.m. Eastern Time unless otherwise noted on the ATM <br />screen. <br />B. Same Day Availability. Funds from the following deposits made at a banking center or at an ATM that do not require deposit envelopes will be <br />available on the business day the Bank determines the deposit is made: <br />• Cash; <br />• Wire transfers; and <br />• Electronic direct deposits to an account. <br />C. Next Day Availability. Funds from the following deposits are available on the first business day after the business day the Bank determines the <br />deposit is made: <br />• U.S. Treasury checks that are payable to the Customer; <br />• Checks drawn on a Bank affiliate that holds the applicable account (excluding a Controlled Disbursement site); and <br />• At least, the first $200 from a day's total deposits. <br />If the deposit is made in person to a Bank employee, funds from the following deposits are also available on the first business day after the <br />business day the Bank determines the deposit is made: <br />• State and local government checks that are payable to the Customer, if a special deposit slip, available upon request at any Bank banking <br />center is used; <br />• Cashier's, certified, and teller's checks that are payable to the Customer, if a special deposit slip, available upon request at any Bank <br />banking center, is used; and <br />• Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to the Customer. <br />If a special deposit slip is not used, availability of funds from these deposits will follow the schedule identified in the Availability of Other Check <br />Deposits section below. <br />D. Availability of Other Check Deposits. Generally, funds from all other deposits of checks drawn on banks (as defined in Federal Reserve <br />Regulation CC) will be available no later than the second business day after the day of deposit. Checks that require special handling may <br />receive delayed availability. The amount of funds available to the Customer will be reduced by the amount of any deposited check that is <br />retumed unpaid. If the Bank reprocesses the check, the funds will become available no later than the second business day after the business <br />day in which the check is reprocessed. <br />E. Longer Delays May Apply. In some cases the Bank may not make all of the funds that are deposited by check available. Depending on the <br />type of check deposited, funds may not be available as set forth above. However, the first $200 of the aggregate deposit will be available on the <br />first business day after the day of deposit. <br />If the Bank is not going to make all of the funds from a deposit available at the times shown above, it will notify the Customer and specify when <br />the funds will be available. If a deposit is not made directly to a Bank employee, or if the Bank decides to take this action after the Customer has <br />left the premises, the Bank will mail or otherwise send the notice to the Customer by the business day after the day of deposit. <br />Funds deposited by check may be delayed for a longer period under the following circumstances: <br />• The Bank believes a deposited check will not be paid; <br />• Deposited checks for all of the Customer's accounts total more than $5,000 in any one day; <br />• The Customer redeposited a check that has been retumed unpaid; <br />• The Customer has overdrawn one or more of its accounts repeatedly in the last six months; or <br />• There is an emergency, such as failure of communications or computer equipment. <br />PN: 1125418 DOC ID: 4 <br />Page 15 of 51 <br />