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The Hilliard Lyons Bank Deposit Program Disclosure Document

The Hilliard Lyons Bank Deposit Program Disclosure Document

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Your bank deposits may not be transferred by you except by a change in ownership of the linked<strong>Hilliard</strong> <strong>Lyons</strong> Account. A transfer that occurs due to death, incompetence, marriage, divorce,attachment or otherwise by operation of law shall not be binding on <strong>Hilliard</strong> <strong>Lyons</strong> or PNC <strong>Bank</strong>unless and until sufficient, acceptable documentation has been received.Termination; Closing of Account.<strong>Hilliard</strong> <strong>Lyons</strong> may, at its sole discretion and without any prior notice, terminate your participation inthe <strong>Program</strong>. If you or <strong>Hilliard</strong> <strong>Lyons</strong>, for any reason, closes your brokerage account, your associatedfunds in the bank deposit account will be distributed through the <strong>Hilliard</strong> <strong>Lyons</strong> Account according tothe conditions of your <strong>Hilliard</strong> <strong>Lyons</strong> Account agreement.Standard of Care.Any failure by <strong>Hilliard</strong> <strong>Lyons</strong> or PNC <strong>Bank</strong> to act or any delay by such party beyond time limitsprescribed by law or permitted by these Terms and Conditions is excused if caused by yournegligence, interruption of communication facilities, suspension of payments by another financialinstitution, war, emergency conditions or other circumstances beyond the control of <strong>Hilliard</strong> <strong>Lyons</strong> orPNC <strong>Bank</strong> provided that <strong>Hilliard</strong> <strong>Lyons</strong> or PNC <strong>Bank</strong> exercised ordinary care. Any act or omissionmade by <strong>Hilliard</strong> <strong>Lyons</strong> or PNC <strong>Bank</strong> in reliance upon or in accordance with any provisions of theUniform Commercial Codes as adopted in Kentucky, or any rule or regulation of Kentucky, the NewYork Stock Exchange, Inc., National Association of Securities Dealers, Inc., or a federal agencyhaving jurisdiction over such party shall constitute ordinary care.Days of Operation.<strong>The</strong> <strong>Program</strong> will operate on all days when both the New York Stock Exchange and the FederalReserve <strong>Bank</strong> of Cleveland are open for business.Modification of Terms and Conditions.Subject to regulatory requirements, <strong>Hilliard</strong> <strong>Lyons</strong> may modify these Terms and Conditions at anytime without your agreement, and will provide notice to you of material changes to the <strong>Program</strong>.Tax Withholding.<strong>Hilliard</strong> <strong>Lyons</strong> may be required to withhold U.S. federal income taxes at the prevailing rate on alltaxable distributions payable to certain depositors who fail to provide their correct taxpayeridentification number or to make required certifications or who have been notified by the InternalRevenue Service that they are subject to backup withholding. Consult your tax advisor for details oninterest that is earned on accounts held by entities that are neither citizens nor residents of the UnitedStates.

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