Please describe any additional limitations or restrictions regarding this investment account.
Please sign the First Public New Account Application and return it to First Public at the following address, along with a copy of your Investment Policy.
First Public
12007 Research Blvd.
Austin, Texas 78759
Before mailing the application, please tear off and retain the attached First Public Customer Agreement so that
you will have a copy for your records.
Steps to Open an Account
To open a Lone Star Investment Pool account, you will need to carefully read the Lone Star Information Statement,
adopt the Lone Star Investment Pool Resolution, execute an Investment Agreement, and complete the
Lone Star Enrollment Application, all of which are included in the Information Statement and Enrollment Book.
If you have questions about this application or opening a First Public account, contact First Public at 800-558- 8875 or send an e-mail to customer.service@firstpublic.com.
In consideration of First Public, LLC, (hereinafter referred to as “you” and “First Public”) opening one or more securities accounts on behalf of the Applicant (hereinafter referred to as “we, ” “us, ” and “our”), we represent and agree as follows:
Authorized Signatory and Associations: The signatory is the authorized representative of the Applicant and, except as otherwise disclosed
to you, we are not associated with any national securities exchange or member firm of any exchange or the NASD, and we will promptly
notify you if we become so associated.
Appointments: We appoint First Public as our agent for the purpose of carrying out our directions with respect to the purchase and sale of securities. To carry out First Public’s duties, First Public is authorized to place and withdraw orders and take such other steps as are reasonable to carry out our directions.
Membership: We understand that First Public is a member of the Securities Investor Protection Corporation.
Authorization and Accuracy of Reports:
(a) You are authorized to act on oral instructions concerning our account and you are not liable for acting on any false oral instructions if the instructions reasonably appeared to you to be genuine. We authorize you to electronically record any and all conversations between us.
(b) We will notify you of any error in a confirmation of order within two days of when it is mailed to us. We will notify you of any error in a statement within 10 days of when it is mailed to us. If we do not give you written notification of an error in the time specified above, then we accept the confirmation or statement as correct and we will not later claim that the confirmation or statement is incorrect or that the transactions shown were unauthorized. We understand that all mail will be sent to the address shown on our Account Application and we will be responsible for receiving mail at that address, unless we give you written notice of a change in address.
Choice of Law: This Agreement and all transactions made in or for our account shall be governed by the laws of the State of Texas.
Liability: We understand that First Public may, in its sole discretion, prohibit or restrict trading of securities in any of our accounts. We agree that First Public shall not be liable for any action or failure to act on behalf of our account unless caused by First Public’s willful misconduct.
Settlement: We agree to make available or agree to deliver to First Public sufficient funds to cover the amount due on purchases of investments by settlement date.
Waiver and Modification: We understand that your failure to exercise any right granted by this Agreement or to insist on my strict compliance
with any obligation under this Agreement will not be considered a waiver of that right or obligation. We also understand if you furnish
me with notice on one occasion, you are not obligated to provide me with notice in the future. I nderstand that no provision of this
Agreement can be waived or modified unless it is done in writing and signed by First Public’s Managing Director, Corporate Counsel, or Chief
Compliance Officer.
Applicable Regulations:
(a) We understand and agree that every transaction in our account is subject to the rules or customs in effect at the time of the transaction that,
by the terms of the rule or custom, apply to the transaction. These rules or customs include state and federal laws; rules and regulations
established by state or federal agencies (including, without limitation, the Securities and Exchange Commission); the Constitution; rules,
customs, and usages of the applicable exchanges, associations, markets, or clearinghouses; or customs and usages of individuals transacting
business on the applicable exchanges, markets, or clearinghouses.
(b) If this Agreement is incompatible with any rule or custom, or if a rule or custom is changed, this Agreement will be automatically modified to conform to the rule or custom. The modification of this Agreement shall not affect any of its other provisions.
Severability: If any provision of this Agreement is deemed to be unenforceable for any reason, this will not affect the validity and enforceability of any other provision of this Agreement.
Rule 14b-1(c ) of the SEC: We understand you will disclose our name and address to the Lone Star Investment Pool (the “Pool”) so that we can receive information directly from the Pool. If we do not consent to such disclosure, we will notify you in writing.
Accuracy of Market Data: We understand that market data, including security price quotations, are obtained from an independent pricing
service believed to be reliable. We understand and agree that First Public cannot guarantee the accuracy of such data and will not be liable
for any consequential, incidental, special, or indirect damages (including lost profits, trading losses, and damages) that result from reliance
upon independent pricing services.
Privacy Notice: First Public is providing this information as required by Regulation S-P adopted by the Securities and Exchange Commission.
First Public does not collect personal information from individuals, consumers, or customers since its scope of business is limited to accounts
of government entities. First Public protects confidential account information of government entities and has security measures in place to
protect the loss, misuse, and alteration of information under our control.
Important Information about Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
When we open an account, First Public will ask for our name, address, taxpayer identification number, and other information that will allow it to identify us. First Public also may ask to see our organizational documents or other identifying documents.
Termination of Account: You have the right to terminate any of our accounts (including multiple owner accounts) at any time by notice to us.
Transactions Accepted through Electronic Funds Transfer: First Public will accept the electronic transfer of funds to our account following an initial notice from the originator of such transfer that such funds will be transferred and at any subsequent time by the originator of such funds. First Public will honor requests from the original transferor of such funds to adjust entries made in connection with electronic fund transfers or to transfer funds from the account in order to correct errors. Such requests will be honored by First Public without making any independent investigation of the underlying facts, and First Public disclaims all liability for actions taken in honoring such requests whether or not the original transferor was correct in making such request. Under no other circumstances will First Public honor requests from third parties to electronically transfer funds from our account.
Arbitration Disclosures: All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
The Arbitrators do not have to explain the reason(s) for their award.
The panel of Arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
The rules of the arbitration forum in which a claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Arbitration and Dispute Resolution:
(a) We agree that any dispute or controversy, either arising in the future or in existence now, between us and First Public (including First Public’s officers, directors, employees or agents) will be resolved by arbitration conducted before the National Association of Securities Dealers, Inc. (“NASD”) and in accordance with its rules then in force.
(b) A court of competent jurisdiction may enter judgment based on the award rendered by the Arbitrators.
(c) Nothing in this Agreement shall be deemed to limit or waive the application of any relevant state or federal statute of limitation, repose, or other time bar. Any claim made by either party to this Agreement that is time barred for any reason shall not be eligible for arbitration.
The parties to this Agreement shall not bring putative or certified class-action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in a court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
(i) the class certification is denied,
(ii) the class is decertified, or
(iii) the customer is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.