Free Affidavit - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD Document 97-18 Filed 07/17/2007 Page 1 of 13 Form 55-4 Application for Employer Identification Number
(Rev. February 1998) Department of Ihe Treasury
Internal Revenue Servce
1

(For use by employers, corporations, partnerships, trusts, estates, churches, government agencies, certain individuals, and others. See instructions.)

EIN

Name of applicant (legal name) (see instructions)

~ Keep a copy for your records.

OMS No. 1545-0003

;: i: l'
E .¡:

JBJZ INSTORS INC.
2

Trade name of business (if different from name on line 1)
3

Õ
4a Mailng address (street address) (room, apt., or suite no.)

QI

Executor, trustee, "care of' name

0
QI

c. ..

~
II
1/

~

4b City, state, and zip code
6 7

i 6 BUCKIGHA DRI

5a Business address (if different from address on lines 4a and 4b)

County and state where principal business is located

CHARLESTON, SC 29407

5b City, state, and zip code

ii

Q)

CHARLESTON COUNTY, SC
Name of principal officer, genera r, owner, or trstor - SSN orlTIN may be required (see instructions) ~

JERRY ZUCKER, SSN
8a Type of entity (Check only one box.) (see instructions)
Caution: If applicant is a limited liability company, see the instructions for line 8a.
o Sole proprietor (SSN)

o REMIC 0 National Guard
o Church or church-controlled organization
o Other nonprofi organization (specify) ~

o Partership 0 Personal service corp.

o Estate (SSN of decedent)
o Plan administrator (SSN)

o State/local government 0 Farmers' cooperative

~ Other corporation (specify) ~ S CORP
o Trust
o Federal government/miltary

o Other (specify) ~

(enter GEN if applicable)

8b If a corporation, name the state or foreign countr
(if applicable) where incorporated
9
~ Started new business (specify type) ~

State

Reason for applying (Check only one box.) (see instructions)

DELA WARE

Foreign country

S CORP
o Hired employees (Check the box and see line 12.)

o Created a pension plan (specify tye) ~

o o o o

10 12 13

Date business started or acquired (month, day, year) (see instructions)

NOVEMBER 16,1999

First date wages or annuities were paid or will be paid (month, day, year). Note: If applicant is a withholding agent, enter date income will first be paid to

nonresident alien. (month, day, year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ N/ A
Highest number of employees expected in the nex112 months. Note: if

expect to have any employees during the period, enter-O-. the applicant does ................ ~ 0 (see instructions) not Nonagricultural

14 Principal activity (see instructions) ~ INVESTMENTS
15 Is the principal business activity manufacturing? .......... . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 Yes
If "Yes," principal product and raw material used ~

Household

o

16 To whom are most of the products or servces sold? Please check one box.
o Public (retail) 0 Other (specify) ~
17a Has the applicant ever applied for an employer identification number for this or any other business? Note: If "Yes, "please complete lines 17b and 17c.
o Business (wholesale)

~No
æi N/A

17b If you checked "Yes" on line 17a, give applicant's legal name and trade name shown on prior application, if different from line 1 or 2 above.

DYes

Legal name ~ Trade name ~

~No

17 c Approximate date when and city and state where the application was fied. Enter previous employer identification number if known.

Approximate date when filed (mo., day, year) City and state where fied Previous EIN
i have examined this application, and to the best of my knowlege and belief, it is true, correct, and complete.

Under penatties of pe~ury, i declare that

Business telephone number(include area code)
Fax telephone number (include area code)

Signature ~

Please leave

blank ~
SIT FED7769F

Ind. Class Size
Note: Do not write below this line. For

Date~

offcial use only.

For Paperwork Reduction Act Notice, see page 4.
ISA

Form 55-4 (Rev 2-98)

2'2"~ C1

Case 1:05-cv-00231-EJD Form 8821
(Rev. September 1998) Department of the Treasury
Internal Revenue Servce

Document 97-18

Filed 07/17/2007

Page 2 of 13
OMS No. 1545-1165 For IRS Use Only
Received by:

Tax Information Authorization
~ IF THIS AUTHORIZATION IS NOT SIGNED AND DATED, IT Will BE RETURNED.
Name

1

Taxpayer information.
Social security number(s)

Telephone (

)

Taxpayer name(s) and address (please tye or print)

16 BUCKINGHAM DRIVE CHARLESTON, SC 29407
2 Appointee.
Name and address (please tye or print)

JBJZ INVESTORS INC.

Function Date

Employer identification number

I

I

Daytime telephone number

Plan number (if applicable)

CHICAGO, IL 60606

LAURA LIGHTHOLDER, JENKENS & GILCHRIST 225 WEST WASHINGTON, SUITE 2600

CAF No.
Telephone No. 3 i 2 - 4 2 5 - 3 92 8

Check if new: Address 0

F~ N~ 3 12 - 4 2 5 - 3 9 0 9

Telephone No. 0 3 Tax matters. The appointee is authorized to inspect and/or receive confidential tax information in any offce of the IRS for the tax matters listed on this line.

TypeofT~
(Income, Employment, Excise, etc.)

(a)

T~ Form Number

(b)

(1040,941,720, etc.)

(c) Year(s) or Period(s)

Specific T~ Matters (see instr.)

(d)

FEIN

SS-4

4 Specific use not recorded on Centralized Authorization File (CAF). If the tax information authorization is for a specific

use not recorded on CAF, check this box. (See the instructions on page 2.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . " ~ 0
If you checked this box, skip lines 5 and 6.

5 Disclosure of tax information (you must check box 5a or b unless box 4 is checked): a If you want copies of tax information, nofices, and other written communications sent to the appointee on an ongoing basis, check this box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ 0
b If you do not want any copies of notices or communications sent to your appointee, check this box. . . . . . . , . . . . . .. ~ 0
6 Retention/revocation of tax information authorizations. This tax information authorization automatically revokes all

prior authorizations for the same tax matters you listed above on line 3 unless you checked the box on line 4. If you do not want to revoke a prior tax information authorization, you MUST attach a copy of any authorizations you want to

remain in effect AND check this box. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ~ 0
To revoke this tax information authorization, see the instructions on page 2. 7 Signature of taxpayer(s). If a tax matter applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, trustee, or party other than the taxpayer, i certify
that I have the au rity to execute this form with respect to the tax matters/periods covered.

Signature

JERR Y
Print Name

Signature
Title (if applicable)

Date
Title (if applicable)

Print Name

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

authorize an individual to represent you, use Form 2848, Power of Attorney and Declaration of Representative, instead of Form 8821. You may me your

own t~ information authorization without using Form 8821, but it must
include all the information that is requested on the form.

Change To Note. New column (d) is added to line 3 for specific tax matters. Use column (d) to specify t~ information that is to be provided by the IRS, See the line 3 instructions on page 2.

Taxpayer identification numbers (TINs). TINs are used to identify
taxpayer information with corresponding ta returns. It is important that you furnish correct names, social security numbers (SSNs), individual taxpayer

Purpose of form. Form 8821 authorizes any individual, corporation, firm, organization, or partnership you designate to inspect and/or receive confidential information in any offce of the IRS for the tye of t~ and the years or periods you list on this form.
Form 8821 does not authorize your appointee to advocate your position with respect to the Federal ta laws; to execute waivers, consents, or closing agreements; or to otherwise represent you before the IRS, If you want to

identification numbers (ITINs), or employer identification numbers (EINs) so
that the IRS can respond to your request.

Fiduciaries. A fiduciary (trustee, executor, administrator, receiver,
or guardian) stands in the position of a taxpayer and acts as the

t~payer. Therefore, a fiduciary does not act as an appointee and should not fie Form 8821. File Form 56, Notice Concerning
Fiduciary Relationship, to notify the IRS of the existence of a

For Privacy Act and Paperwork Reduction Act Notice, see page 2.
ISA

STFFED7149F.1

Form 8821 (Rev 9-98)

Case 1:05-cv-00231-EJD

Document 97-18

Filed 07/17/2007

Page 3 of 13

Form 2553
(Rev September 1997)

Election by

a Small Business Corporation
OMS No. 1545-0146

~ Internal Revenue Servce ForSee separate instructions. 2 of instructions. ~ Paperwork Reduction Act Notice, see page
Departent of the Treasury
Notes: 1. This election to be an S corporaüon can be accepted only if all the tests are met under Who May Elect

(Under section 1362 of the Internal Revenue Code)

in Parts i and /1 are originals (no photocopies); and the exact name and address of the corporationon page 1 of required form information are and other the instructins; all signatures provided.
2. Do not file Form 11205, U.S. Income Tax Retum for an S Corporation, for

3. If the corporation was in existence before the effective date of this election, any tax year an S Corporationthe election takes effect. the instructions. see Taxes before the year May Owe on page 1 of
I Part I I

Election Information
Name of corporation (see instructions)

Please
Type
or Print

JBJZ INVESTORS INVESTORS INe.
Number, street, and room or suite no_

A
B C

Employer identification number
Date incorporated

16 BUCKIGHAM DRIE
City or town, state, and ZIP code

(If a PO. box, see instructions.)

NOVEMBER 16. 1999
State of incorporation

D Election is to be effective for tax year beginning (month, day, year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DELAWARE . . . . . . .. ~ 11/16/99

CHARLESTON, SC 29407

E Name and title of officer or legal representative who the IRS may call for more information F Telephone number of officer
DONNA M. GUERi ES .
H If the election takes effect for the first tax year the corporation exists, enter month, day, and year of the earliest of the
following: (1) date the corporation first had shareholders, (2) date the coporation first had assets, or (3) date the corporation began doing business .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . .. ~ 11/16/99

or legal representative

G If the corporation changed its name or address after applying for the EIN shown in A above, check this box . . , . , . . . , . 312-425-3939 . . . . . " ~ 0 .............

Selected ta year: Annual return will be filed for ta year ending (month and day) ~ 12/31
If the ta year ends on any date other than December 31, except for an automatic 52-53-week ta year ending with reference to the month of December, you must complete Part Ii on the back. If the date you enter is the ending date of an automatic 52-53-week ta year, write "52-53-week year" to the right of the date. See Temporary Regulations section 1.441-2T(e)(3).
J Name and address of each shareholder; shareholder's spouse having a community propert interest in the corporation's stock; and each tenant in common, joint tenant, and tenant by the entirety (A husband and wife (and their estates) are counted as one shareholder in determining the number of shareholders without regard to the manner in which the stock is owned.)
Under penalties of perjury, we declare that we consent

K Shareholders' Consent Statement.

to the election of the above-named corporation to be an S corporation under section 1362(a) and that we have
exam-ined this consent statement, including

L

Stock owned
M Social security number or employer

N

accompanying schedules and statements, and to the best of our knowledge and belief, it is true, correct, and

Shareholder's
tax

complete We understand our consent is binding and
may not be withdrawn after the corporation has made a valid election. (Shareholders sign and date below.)

Number
of shares

Dates acquired

identification number
(see instructions)

JERR Y ZUCKER

Signature Date

year ends (month and day)

16 BUCKIGHAM DRIE
CHARLESTON, SC 29407

JAMES G. BOYD 3520 BOHICKET ROAD JOHNS ISLAND, SC 29455

90

11/16/99

12/31

10 11/16/99

12/3 I

clare that I have examined this election, including accompanying schedules and statements, and to the best of my knowledge and belief, it is

See Parts II and '(on b
ISA SIT FED4589F.1

__ Title ~
RRY ZUCKER

Date ~

Case 1:05-cv-00231-EJD

Document 97-18

Filed 07/17/2007

Page 4 of 13

£. BT Alex. Brown
NEW ACCOUNT INFORMTION
(pLEASE COMPLETE THIS FORM IN FULL)
NAME(S): List title of trust

J8JZ INVESTORS INC.

or both names if joint account
ADDRESS:

16 BUCKINGHAM DRIVE

CHARLESTON, SC 29407
PHONE:

(WK) 843-744-5174
(FAX) 843-747-4092

(HM)

SOCIAL SECURITY/ TAX I.D. #:

DA TE OF BIRTH:

EMPLOYER: EMPLOYER ADDRESS:
JOB TITLE/

NATURE OF BUS.

# of Years Employed
NAME OF SPOUSE:

EMPLOYER:
EMP. ADDRESS:

OCCUPATION:
DEPENDENTS:
(Names & Ages)

BANK REFERENCE: BRANCH (CITY, STATE):
APPROX. ANNUAL HOUSEHOLD INCOME: APPROX. NET WORTH (EXCLUDING RESIDENCE)
FED. TAX BRACKET:

INVESTMENT EXPERIENCE (Years):
x
x

INVESTMENT OBJECTIVES:
(Check as many as applicable)

Options Stocks Bonds Real Estate

~ Aggressive Growth

J. Growth
-- Growth & Income

-- Income

-l Tax Reduction
-- Capital Preservation

Case 1:05-cv-00231-EJD

Document 97-18

Filed 07/17/2007

Page 5 of 13

Account Number
Corporate Account Authorization

Offcer's Certficate
BT Alex Brown Incorporated
Baltimore, Maryland

I, JERRY ZUCKER

acting PRESIDENT

of JBJZ INVESTORS INC

, the duly elected and , ("the Corporation") hereby certifY that:

1. At the meeting of the Board of Directors of the Corporation held on the day.. day

of NOV at which a quoru was a present and acting throughout, the following resolutions were adopted:

,1999,

RESOLVED, that any persons designated by the OFFICERS
on behalf of the Corporation to:
of

the corporation are authorized

(DELETE AN INAPPLICABLE POWERS)
(A) Open and maintain one or more brokerage accounts for and in the name of

Incorporated ("BT Alex Brown");

the Corporation at BT Alex Brown

(B) Deposit, deliver, assign, withdraw and transfer funds, instruents and securities ofany tye;

(C) Sell any securities (including put and call options) short in margin account owned by the Corporation; (D) Buy any securities (including put and call options) in a cash account; (E) Buy, sell, and sell securities (including put and call options) short in margin account; and (F) Execute all documents, and exercise and direct the exercise of all duties, rights and powers, and take all actions necessary or appropriate to perfórm the powers enumerated above.
FURTHER RESOLVED, that the OFFICERS of changes in the powers, offce or identifY of

those persons authorized to perform the powers enumerated above. BT Alex Brown may rely upon any such certificate of authority fuished by the Corporation until written certification of any change in authority shall have been received by BT Alex. Brown. Any past action in accordance with this resolution is hereby ratified and confirmed. Powers previously certified by the Corporation shall not be affected by
the dispatch or receipt of any other form of notice nor by any change in the position with the Corporation held by
any person so empowered. Any offcer of

the Corporation shall certifY in writing any

it may concern.

the Corporation is hereby authorized to certifY these resolutions to whom

FURTHER RESOLVED: that any person designated by the OFFICERS of

this corporation are hereby authorized to sell, assign, transfer and deliver stocks, bonds, evidences of interest and/or indebtedness, rights
and options to acquire the same, and all other securities, corporate or otherwse, now or hereafter held by this

corporation in it's own right or in fiduciary capacity, and to execute any and all instruents necessary, proper or
desirable for the purpose; futher, that any past action in accordance herewith is hereby ratified and confirmed; and

further, that any offcer of this corporation is hereby authorized to certifY this resolution to whom it may concern.
2. Each of

the following are authorized to perform the powers enumerated in the foregoing resolutions:

JERRY ZUCKER
Name

PRESIDENT
Position

JAMES G. BOYD
Name

SECRETARY-TREASURER
Position

Name

Position

Case 1:05-cv-00231-EJD

Document 97-18

Filed 07/17/2007

Page 6 of 13

3. The Corporation is duly organized and existing under the laws of

the State the power to take the actions authorized by the resolutions certified herein.

of DELAWARE

and has

4. No action has been taken to rescind or amend said resolutions, and they are now in full force and effect.

5. No one other than the Corporation shall have any interest in any account opened and maintained in the name of
the Corporation.
IN WITNSS WHREOF, I have hereunto affxed my hand and the seal of

NOV , 19 99

the Corporation this 16

day of

SEAL

Name of

Designating Offcer
Designating Offcer

PRESIDENT
Corporate Title of

Case 1:05-cv-00231-EJD

Document 97-18

Filed 07/17/2007

Page 7 of 13

BT Alex. Brown Account Agreement
JBJZ INVESTORS INC.
Name(s)

¿ BT AIexBro
PO. Box 515

16 BUCKINGHAM DRIVE
Adress

Baltimore, MD 21203

CHARLOTTE
City

SC 29407 State

Account Number

In consideration ofBT Alex. Brown Incorporated ("BT Alex Brown") acceptig the account(s) of

to the followig with respet to any of my accounts with you, in whim I curentl or in the future have an interest, for theagreeing toof credit or the purchae the undersgned, and exension act as my broker, I agree
or sale of securties. options or other propert. Throughout th Agreement, "I," "me," "my," "we" and "us" and "the undersigned" refer to the person(s) whose signature(s) appear(s) below and all others who are legally obligated on this account. "You" and "your" refer to BT Alex. Brown, its subsidiares, affil-

ates. offcers, directors, agents and employees. BT Alex. Brown is a suh5idi of Baners Trust New York Corpration. As used herein, the term "affliate of BT" means Banrs Trust New York Corporation and its subsidiaies and afiates, includig. without liitation, BT Alex. Brown and Bakers Trut Company. Each of BT and its afilates is a separately incorporated legal entity, none of which is reponsible for the obligations of the others. Where the context require, the singular shall be plural and the plural shall be singuar.
i. Rl'prcsl'riatioris

Unless I have advised you otherwise in wridng, I represent that I am of legal age, that I am not an employee or member of any securities exchange (or don of which any exchange owns a majority of the capital stock), the Nadonal Assoåation of Securties Dealers. Inc., or of any broker-dealer. nor am I a senior offcer of any bank, savings and loan institution, insurance compay, registered invesent company, registered investment advisoiy fir or indtu. tion that purchases securties, nor am I a member of the immediate famiy of such a person. I furer represnt that I am financially capable of sadsfyg any obligations undertaken through my account. I also represent that no one except the persons named on the account(s) has any interest in the account(s). I wil promptly notify you in writig if any of the above circumtances change. I acknowledge that the purchase and sale of securties entails substantial economic risk and I repreent to you that I knowingly and wiligly assume such risk.
corpora

2. Applicable Rules and RI'I,'ulations

All transactions in my account shall be subject to the constitution, rules, regulations, customs and usages of the exchange or market, and its cleaing house, if any, where the transactions are executed. Transactions shall also be subject to the provions of federal and state securties laws. as amended. and to the rues
and reguations of the Securities and Exchange Commiion and the Board of Governors of the Federal Reserve System. You shal not be liable for any loss

caused diectly or indiectly by your compliance with such rues or regations or by government restrctions, exchange or market rulings. suspension of trading, war, or other conditions beyond your control.

3. Confinnatioiis, Statenienl~ and \.vliUeri Communications
I agree to noti you in wrting, within ten (10) days of your sending me a confrmation. of any objection I have to any transaction in my account. In

the absence of such written notification, I agree that all transactions for my account wil be final and binding on ~e. Confrmations of transactions, as. well as other communications. may be sent to the address I provided to you or to such other addres I may hereafter give to you In writig, and al commuOlcations so sent, whether by maiL. private carrier, facsimile, mesenger or otherwis, shal be deemed given to me. whether actualy received or not Unles I

advise you in writing to the contrary, you may disclose my name and addres to the issuers of securties which you hold for me.
4. Aggregation of Orders and Average Prices
I authorie you, at your discretion, to aggregate orders for my account(s) with other cusomer orders. I recogniz that in so doing, I may receive an average

price for my orders which may be different from the price(s) I might have received had my orders not been aggegated. I understand tht this practice may

also result in my orders being only partaly completed.
5. Short aiid long Orders: Deliveries and Settlements

1 agree that, in giving orders to sell, all "short" sales wil be designated by me as "short" and al other sales wil be designated by you as "long" "Short sale"
mean any sae of a security not owned by me or any sae that is consummated on settement date by delivery of a borrowed securty. I also agree that you

may, at your discretion, immediately cover any short saes in my account. without prior notice. My faiure to designate a sale order as "short" is a representa-

tion on my pa that I own the securty free of resction, and if the security is not in your posion at the tie of the sale, I agree to deliver the securty to
you by settement date. In case of non-delivery of a securty, you are authoried to purchase the security to cover my position and charge any loss,
commisions and fees to my account. I agree that if you fail to receive payment for securities I have purchaed you may, without prior demand or notice. sell those securities or other propert held by you in any of my accounts with you and any loss resulting therefrom will be charged to such account(s).
I authorie you, at your discretion, to request and obtain extension (s) of my time to make payment for securties I purchase, as provided for by Federal

Reserve Bank Reguation T

G. Authority to Horm\\
In case of the sae of any securty or other propert by you at my direction and your inability to timely deliver the sae to the purchaser by reasn of my fail-

ure to supply you therewith, I authorie you to purchase or borrow any security or other propert necesar to make the required delivery, and I agree to be
responsible for any loss or cost, including interest, which you sustain as a result of my failure to make delivery to you.
ff'

Case 1:05-cv-00231-EJD
7 ¡mere,i C Iiargl"

Document 97-18

Filed 07/17/2007

Page 8 of 13

I acknowledge tht delit baes in my. ca or ma account inludig but not limed to thas aig from my faur to ma paymnt by settement date

for secunties purched. wi be chaed inte at th thn cu rate. II accadan wi )'ur us Clm Inte wi be computed on th net da debit

acCOWlts - ~ .

ty poIOOns I acowled re d yw st reg Inte cha am tht you ma di an aCcount matene fee wit re to intie
"

baance' which is copu by ccbing al deit ball and cr baanll in each acc wit th exon of crt baces USte With short seun-

8. Credit lcúonndon ml InYl
and my acout(s). . ._

witht litatk, Ba Th ~) to sl su Ii an an ot aidalr you an su a1(s) ma ~ al me

i authori you ro ob re ~ my cr S1 an bu ccrt at yo diti I ab aii yo an an ai ri BT (lnud

9. Salh of Inebted

len of an amt I ow yolndl rele att's le an CC CO
1O.Liens

I ag to sati. up de an in n:ud an Inte an aiiil ch I fu ap to pa the re~ ca an expm of col-

which f have an inte In or to se an an alln er an odi of my ODdo to yo or my af d AD su se an 00 ¡r

i he grt to you an al af d BT a se Inte In al si an ot ~ In yo.. l"" äWi er In th~ d any afte of BT in

ditin at ~ ti an wi pm. no se aner tr an or al se an ot pr In cr to sa su obllns In eritg th
lin yo sh have th dl:c:ietlo to de wh 3et1 ar pq ar to be d: anor Wh c: ar to be ck

ert sha be hed as ~ &r th pa i: an su ollb or lnilebt!dne.1n an ac WI YCJ In wh I ha an lr an yo may. In )'il

11. Mar Ma. CaDs hr Ad Ca IJil an Co Sh Pt
If I er3l1n ma tris I wi ma su sea' ot in my su ma pi as yo II l- tb toJIme shlBve th rW In aa wi)O øe pd re ii prID rea. .ai fo i-be im or sh relotDlllb- "i

'i ma do so un dr-i wl in Ia ii mt JJ to. th fi ro 1IÐ. ne an ca h ai ml th fllll.;

to reui ad ai er th Iada rl my -i nf ot pr wlIn)O'' dlll yo c: i $ria ~ .....1(

waer ~ ya rl to se or bu wt de or no . pn he .
12. Lo er Plei ~ Seti ml Ot Pr
an gr amun an yo ma do so ~ It In yo ~. er ai iir de 1

ma at yc ~dbi on l! oror iu orex no er ad~ -ltr-u or. aa WIpr SIsu..II be th pu ' ma er ad øu no oIsa od ma wh su bu II us ~ wh:a~ er An an CI su.. be ch br)' ow ac~ widenti..i th-i ¡: ~ or ca er ¡: noti rl th ti .. rl su sa or ii:.ra be comd..n:d a

In jo wM an.. )'u er aud to se an an aD -i In si aa ro an ~ my Il wt yo wl c: irorwl I ll od CO.... se ar cM ir wl ID be sh an ot pc In ca an i. cr an to c: an or al ~ cm alWI bu. di..

ba. th apltt ~I re by or __ me er th lUor le"an acwt yo

!X be fu pU h or ar he In i ma aa ma be le ei to yo er ro od ii an re by yo wt no to me. ei se raie or In am wi ot se an cM pr ri yo tt Cl fo my ~ ci In an aa wI yo Ìl wl I ha -i Inte or fer th in th ev se he b' my acai ar IO ou I ma !o ce YO dg at to su si

'M th II mp by ~h. Ja. ai si an oth pr no er he he ca or lD by yo In ýc ~l tht ha

li an rl **!e er tt ~ I ~

13. Corr Aa: No AI
or inestln by you (I) ord fo th pu or sa of se er ot pr fo my ac on I1 or oth an (I an ot in corer my aa:ui I un an ap th su oth br-d Is not yc agt an th yo si ha no re er llil to me for an
ac or omcn of suc ot bn:-d It cX er er agtL
Jo Joint AlcoulS

If my acunt ha be Intr to yo by ~ wt an br-d yo ar ai to ac &- su ot br-de wtai inui

al Withut noti to th ot ac ow. ""'" th ncx to an ac own sh be de to be no to al ac ow Ea ac

If th is a Join Äcmu we ap l. ea 01 us sh ha aith wi re to ui ai to dea wi yo as if ea of us alen we th acoo aw

of an or al pi an ~ ei fsu di an pi sh be ma to en olus pe. an no to al of th act ow You sh

own sh be jo an 5M II b tb ac YCJ ID fo th Inct rl an of us co th act an mab de to an ci us

jdt acåon by aD d th ac ow wt re ro an ma anem th ac ~ tI ~ or c: of or an th wi of

or d1pl ri th se ID 1D so de er pu to an ~ us N~ th ró yo ar au In yo dà. to reir

be unde no obll to In ld th pu rl an su de fa ~ ~ se er pat. an yo sh not be bo to se to th apliòo

deth of any of us th su(s) sh im øt yo wr noti th an yo ID. be or af ~ su no ta su acn. re such docts re su se ancr re tr8C1s In th ai as yo ia de ad to prll )' ap ai la laiI pe or la unde an pre( or futu la cr lX Any co re fi th deth of an of us. er tl th mi bý in?is es or ~es
of an rits in th acw- sh be chle ag th Ir ri th su(s) as wel. ap th In ri th es ri th de

lOni se er ot ¡r il.. tt OW aa wt be cm on yr bo In th for rè by th ab act nae. In th ev of th

15. Foreig Se

retron and it ma be dlait or ~ie to dI ri su Fo Seti p1 to th matuty ui er to deere th ma ¡:ce th fer

'Mth re to de cr eqty setl ri for Is or de or de lm ri b' bi ("Fm Setlj. I ac ar IIde tht (i FO Setf ar. in mo ca nt re wi th Se an Fx Co or Us1e CI ar US. sitl ei: (ü) For Seti. palv tO of is In th m- "~ ma" ar iX llui. ar so su to le anor cotrtu trer

vauatin pu (il) Fore Seti an th ls gutc or odi ool9 with ret tho ("Obl1 ar su~ to a væety er rn In addi-

tion to thes ty face in th cæ of u.s. si ai i. in~J in al a. rl ei contr cota tation. WlthoidiS

Case 1:05-cv-00231-EJD

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Filed 07/17/2007

Page 9 of 13

availe reg .Obli, am such inorllon ~y be more dicut to ime'1llt. th IS th ca WIth U.S. ~ whos seties ar subject to the pe_
purcha): (vi) th Fore Seti in quesn ma be unte an (vU) such seti ar not suitale for al inesor
ri spds or other 1e wI'r to BT Al Br's rellmh with me
of its deb seties or other fiaJ oblitins (an you spe ackedge tht Forig Seties pu by yo may be in default at the llme of

lirrutaoons on the niUts of sety holde, av i.t hya.Cion. ditory tronenc of fomgn ÍIwesca. etc.. (iv) th IS ofen les lrormallon

odc repo~ l'uients unde U.s. ~ties laws. (v) th ~ be no efece me to detere if an Obligor IS ui default of its obligations in repet

rees) frm (J se Fa setl, (ar fae ex) to an amr. of BT In deag with suc afr. si afie ma ta rh nar com-

i auth BT Al Br ti ¡u ~ Seti (and. In the ca of FoB1 Set1 de1T in for cund. th relev for~ cur-

16. Admwlent of Am Co of In
oth inci cr wc at ST Al Br ãnor ëi of B' wh aa as p1 cr.. I widid th)O ¡xe lit ad
I ac th th ai Ø' to me by 'J ~b) ma dl fr th ad CI th ii CI i- rJ ac rel...cude by or ta by

port at BT Al Bro an ai cllS an rJ ai vi as as Int Sb~=Ð Giv th wlich ar ro and gr~ ar ei se fo !ß ciBT ar seIn ad ac to anpr In va ii of pu stesdl ro indudi
sety wl any li or gr at BT Al 8n or ~ al r: B' ma pu or seli lIS ow aa CI fi th lI of an OUB dJ or for th acc r: an alte r: BT or fe th ac1S fÍ an å th cUis I ãI ac tl . .

to oth pe cr l' wlth BT Al Br CI afte ci B' YOI emoy sh ha m to iemm to me th pu or sae r: an

BT Alex Br am af rJ BT ma pe se br CI s:ll bu frm Is wh se ar re by)W ea
BT Alex Br an afte actig as Ines adci BT ma be pad fee by ~ Int atto ci aì trer aø an Co cr ot Int ve lr:h,1d wit litatin th for

BT Alex Br an afte ci BT ac as brolc prt aneXma ma in ce ma an ma do m In trai with me. 17. No FDIC I~. No Obli ofBa TI ~

I imde th th as in my acc n st to th ds ci pa CI toladu to in ftllrti- eX the Inlv ci th ~ue(s).

~ as In my acxxn-it ~ aI re1l ca ba an sh ~ I1 I1 ru an no il or oth obtl ci Ba 1l ~.

ar ro pi by Ba 1l ~ m1 ar not ln by tm Fe De In Cö ("FDICj. _

~fr t1 to tf be o& lrt Jr as to wh Bi 1l ~ is an ob Th po iD be cape I! no

18.Mf be ii i. my he el adJbb-i pe ~l-d: an pe ai It sh im to th tlrI ~ su Th ~ ft
ce e-d ~ to wh yo in lR my IC Th Aæt cm1a em i-~..dlal8li us ciiibil th ~ il CI th
~ I ap d1 BT Al Br l- di ~ to am Ùi Ap. iium by ~ wr rd ci S1 am to me An su
amidit DB be so ci an la. ef as ci or da ~ )i thAl &o If ar pI ci ib .At Is he to be InJIYO eXth Ag 'T ru adtt th eX !t~ di...ön sl no di tm ~ ci th lewa. Ci unat by ri A. å thbe de Nehr be ir In th St as Newt an sh be ca an th rw of th pu)X Ul ac wi th la sh St å to 'i an th Uri St ci ai \t gt e& to th ch of la cr c:4l de..in

1r û: SW In Wr dit a i- pr is 3U to FDIC ln . .

IC ln I wi as ~ ar no SL to FDIC in aD th ul poix ii no be po as to p1 eX1n'" i. R- .

fe th re å th fu an fÍ p1 ln eX fe th pa å a lb ra å ii (cr an In an wt no uu be ~ to

19, Pagr Heidl

Pa ~ ar lOr CO on nI sh ro af th in or ~ of ai pr ci th Ag
20. Cetk - làpa ldeti Num
Ceit in I wi ao wt It (2 be If I ha be ntt by th IR th I am cutl suje to badup ~ beus I have

faied to re aliter an di on my ta I" If I am exem fr ~ wlld I wt wr th wo .Eipl. her:
BT Alex Br In Retati)

(Fer fu lndo. se .Paye and Pa Ex fr Ba Wl CX IR Fc W-9, a co of wi ca be ob Cran a

be ~ed to me). an (2) I am no ~ to bå ~ be (I) I am ~ fr li ~ (I (b) I hr not be nc by ui Inre Revue Se (I th I lI di to ii dhld as a re of a fa ID re aIlnte or dM or (c) th ~ ha ooti

Unde peti ci ~ I.ce th (1) Th nu sh CX th fi is my ca 1å Idei~ Nwn (or I am wa for a nu to

me th I am no Ic: Sl to l- wt

So

So Signi
Sigai
I ACX 1lT MU FU OF OR GU II A

Th In RN Sf do DO ie ,. ax -i iø i- r-lb ilrlll- od tb th ce re to ßO t~ wi If il is alcj Ac ai ac CM ~ ..

By sl be I acw. tbl bi ra i--l .. to th t! r-lb Al

- Da¥Jl1~
. .;7-.,
Date

nm PDic AR NOT DE æ 0' (A(;l;,Df Rm JN~ P0i. æ 1l ~ ~

J'Í _ . "7::~L:

Sigiu
So Se or Emplye ID No.

Case 1:05-cv-00231-EJD
Cenification of Foreign Status

Document 97-18

Filed 07/17/2007

Page 10 of 13

A non-resident alen indidual or an exempt foregn pe must chek the applicable box(es) an sign ch secton.
Under penalti of pe, tcert tht:

.

o For intere payment I am oot a U.S. citn or redent (or I am fiin for a fore coratin. paersp, estate or tr).

o For diends I am no a U.S. cin or reent (or I am fig for a forign corptin. paer. este. or tr).

D For Broke trns or Ba eiha. I am an e)mpt foei persn as defed on IRS Fonn W-8. (A coy of IRS Far w,a ca be obt lím a aT Ala BI' Ir~t Rttat1.)

Signatu
Date

Pennanent Addr
Countr
Note: Benel ow of~ ty oflnme (orow' trte ocasu) may we IR Form 1001 to re to a withhold aøet both th own

en of th ln an th rece rate of IU oc eipt åo IU on th inme wi tu amlt oc trti Sud for ca al be us

to cl a re of ta wt at .l For a cq of IR Ru 1001. 1*- ca a BT AJ Br ln ~ra.
PLEE RE AN SIGN BEW 1' OPE A MAIN ACCOUN

I ag to op a ma ai with yo an ~~ lD yo tmin ad lD th ~. iD I 1D"'4..ie-la(1b~

my ma ac fo ot pu . i wi be obte to pa Inte on aD su I bo fr yo · I ma be re lD de ad cobn con of ca or seUe to yo to in my Io ba. as yo re.
· By us a in ac to lev my Invets Iln my ri of Jo
. BT Alex Bro wi de al

· Whn I pu seties on m¡ I bo mone fr yo to fl th ~ I ma al bo .. co Iø

Inte ch frm my accot

BT Alex Bro reests to me th

. My cut in debt ba wi ap on ea accot stnt BT Alex Bro se to me

· BT Alex. Bro wi ch me Inte on a mo ba an wi dJos on my acount sttet th intert rate an tota

Intere ch.

By signingbel~ I auth yo to op an an a ~ fe my be an ~ tl se In my ai ma be lo to

BT AI.Br as pi or lo lD oc 1 al th rha re re an ai to th te of Ù1 Ma Ag
PRICIPAL IN

OBUGAnON OF. OR CU II AN BA AN AR SUJE TO IN RI INCLUDIN PO LO Of TIiI

I ACKNOWLE TIT MlAL FU AN O' SE AR NOT IN BY 1l POIC. AR NOT DI! i~ OR OT

S~

SJg

Sigtt

Date/~rJ
Date Date

of aU pati to tM acm.

reJ' th appliab of bakup widi If BT Ale. Br do ro ree uu ce It wi be re to wltld a poion

Pagrph 20 ci uu Agt tnud a cei1 of tli1à lde Numb de fe th act an a rerentatin

Bra Ma ap fo ID ac
Signtu
AA i (81

FOR OmCE USE aNt y
Date

C 1998 Ba Tru New York Cotion an Iti amte co.

Case 1:05-cv-00231-EJD

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Page 11 of 13

GUARATY AGREEMENT
BT Alex. Brown Incorporated
Att: Retail Credit

1290 Avenue of the Americas, 10th Floor New York, NY 10104
Gentlemen:
1. In consideration of your opening, and/or continuing, an account or accounts

(which separately or jointly, with any and all renewals thereof, are hereinafter referred to as "said
guaranteed account") with, or otherwise giving credit in said guaranteed account to

number 2 - . (hereinafter collectively referred to as the "Customer"), on such terms and conditions as may, from time to time, be agreed to between you and the Customer (notice of
which is hereby waived), the undersigned (hereinafter referred to as the "Guarantor") hereby

including with respect to accounts bearng account

unconditionally agrees to pay to you, on demand, any indebtedness which may now or hereafter be owing you by the Customer on said guaranteed account.
2. The Guarantor agrees that this guaranty shall be effective not only with respect to

said guaranteed account but also with respect to any and all renewals thereof; that said
guaranteed account may be changed from time to time by the purchase or sale or exchange of securities or other property, or by payments or by deliveries of securities or other propert by or to or upon the order of the Customer; and that said guaranteed account may be closed out by you
at any time; and that in general, you may deal with and accept the orders of the Customer with

respect to transactions in said guaranteed account, without notice to the Guarantor, the same as if
this guaranty had not been given,
3. The Guarantor agrees that to secure said guaranteed account or to pay any

indebtedness due therein, the Guarantor hereby grants to you a security interest in such money, securities or other property you may at any time hold or have in any account or accounts of the Guarantor, or in which the Guarantor may have an interest; that you may pledge and repledge any
of such securities or other propert, either separately or with any other securities or propert, for

such sum or a greater sum than may be due you in said guaranteed account, and without retaining the possession or control for delivery of a like amount of similar securities or property; that you may proceed at any time, in your discretion, and without prior demand or notice, to enforce said lien by the sale of any such securities or propert of the Guarantor, in any manner and upon such terms as you may determine. At any such sales or other disposition you may yourself purchase the whole or any part of the collateral sold, free from any right of redemption on the part of the

undersigned, which right is hereby waived and released. The undersigned further agrees that
enforcement by you of said lien in any manner, in whole or in part, shall not in any way affect the continuing liability of the Guarantor for any indebtedness in said guaranteed account; that any demand on the Guarantor to perform the obligation of the guaranty, or any action or proceedings brought to enforce the liability of the Guarantor hereunder shall not release or otherwise affect said lien; and that you shall at all times have both the liability of the Guarantor and said lien to secure to you payment of any indebtedness in said guaranteed account, enforcement of both of which may be pursued concurrently or separately.

Case 1:05-cv-00231-EJD

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4. By written notice to you, the Guarantor may at any time terminate its obligations

and rights hereunder in respect to futue transactions in said guaranteed account; but

notwithstading such termination as to futue transactions the obligations of the Guarantor
hereunder with respect to any indebtedness in said guaranteed account, including any losses

incured in liquidating said guaranteed account during a reasonable time subsequent to the receipt
of such notice, shall continue in full force and effect until such indebtedness, including all

interest due on said indebtedness, has been paid in full to you.
5. The undersigned hereby agrees that this guaranty shall not be impaired or

otherwise affected by any failure to call for, take, hold, protect or perfect, continue the perfection
of or enforce any security interest in or other lien upon, any collateral for said guaranteed
accounts, or by failure to exercise, delay in the exercising or waiver of, or forebearance with

respect to, any right or remedy available to you.

6 The undersigned hereby acknowledges that it has derived or expects to derive a
financial or other advantage from each and every extension of credit granted to this Customer.
7. The undersigned agrees to pay on demand all expenses (including reasonable

expenses for legal services of any kind and cost of any insurance and payment of taxes or other
charges) of, or incidental to, the custody, care, sales or collection of, or realization upon, any

collateral in said guaranteed account or in any way relating to the enforcement or protection of
your rights hereunder.
8. This guaranty shall continue to be effective or be reinstated, as the case may be, if

at any time all or any part of any payment is rescinded or must be restored or returned by you whether under any insolvency, bankptcy or reorganization proceeding or otherwise.
9. This guaranty is a guaranty of payment and not of collection, and you shall be

under no obligation to take any action against the Customer or any other person liable with respect to said guaranteed account or resort to any collateral security held by you as a condition
precedent to the undersigned being obligated to perform as agreed herein. The undersigned

hereby waives any rights to interpose any defense, counterclaim or offset of any nature and
description which it may have or which may exist between and among you, the Customer and/or the undersigned.
10. The undersigned hereby waives any rights to be subrogated to your rights with

respect to the Customer and the undersigned waives any right to and agrees that it will not
institute or take any action against the Customer seeking reimbursement or indemnification with respect to any payments made to you by the undersigned on behalf of the Customer or in respect to any indebtedness or other obligations of the Customer to you.
i i. This guaranty shall be binding upon the Guarantor and any permitted assigns and

shall inure to your benefit and the benefit of any successor firm or firms. This guaranty shall be
construed in accordance with the laws of the State of

Maryland.

2

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12. This guaranty embodies the entire agreement and understanding between you and

the undersigned with respect to the subject matter hereof and supersedes all prior agreements and understandings relating to the subject matter hereof
Guarantors: #2THE EXACT NAM OF THE GUARATOR
Signed,

Signed,

Dated,

Dated,
Si gned ~

Si gned,
Da ted ~

Da ted,

3