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Macquarie Capital Markets North America Ltd.

Business Continuity Plan

In its own best interests and pursuant to NASD and SEC regulation, Macquarie Capital Markets North America Ltd. ("Macquarie") has a Business Continuity Plan ("BCP") in place to prepare for the possibility of future significant business disruptions ("SBD") ranging in severity from a firm-only disruption to a regional disruption. Macquarie’s recovery time from an SBD will depend on the severity and significance of the event. Macquarie estimates the recovery time to range from three to twenty-four hours.

Macquarie Capital Markets North America Ltd. has a functional facility located in Montreal, Quebec, providing an alternative location from which it can reasonably operate under such a SBD. Macquarie’s electronic records are backed-up to a secure off-site location on a daily basis. In the event of a catastrophic failure on a scale up to and including a citywide disruption, Macquarie will continue business operations from this alternate facility. Clients will continue to contact us via phone at 514-925-2850.

If you have any questions regarding this summary or would like a copy sent to you by mail, please call 416-848-3559.

SEC RULE 606 of Regulation NMS Reports

On November 17, 2000, the Securities and Exchange Commission ("SEC") adopted two rules concerning disclosure of order-execution and routing practices. The second of those rules requires all broker-dealers that route orders in equity and option securities to make available quarterly reports that present a general overview of their routing practices. The reports must identify the significant venues to which customer orders were routed for execution during the applicable quarter and disclose the material aspects of the broker-dealer’s relationship with such venues. In addition, the Rule requires broker-dealers to provide customers on request, a written copy of the report of the venues to which the customer’s individual orders were routed. The SEC adopted the rules to increase the visibility of execution quality of the U.S. securities markets for public investors.

For purposes of the Rule, the term “customer order” is defined as any order that is not for the account of a broker-dealer. The definition of “customer order” excludes any order for a quantity of a security having a market value of at least $200,000 for equity orders and $50,000 for options orders. The Term “covered securities” includes exchange-listed equities and Nasdaq National Market securities as well as Nasdaq Small Cap equities and listed options. Large orders are excluded in recognition of the fact that a general overview of order routing practices is more useful for smaller orders that tend to be homogeneous.

Rule 606 of Regulation NMS applies to all types of orders (eg pre-opening orders and short sale orders), but broker-dealers must give an overview of their routing practices only for non-directed orders. The Rule defines a “non-directed order” as any customer order other than a directed order. A “directed order” is defined as a customer order that the customer specifically instructs the broker-dealer to route to a particular venue for execution. Consequently, all customer orders are non-directed orders in the absence of a specific customer instruction on where they are to be routed.

Macquarie Capital Markets North America Ltd. is a member of SIPC.

SIPC

Format of Quarterly Reports and Procedures for Making Reports Publicly Available:

Rule 606 of Regulation NMS reports are available for Macquarie Capital Markets North America Ltd. here.

This page contains the definitions for the data displayed in Rule 606 of Regulation NMS reports and download files provided by Macquarie Capital Markets North America Ltd. The files are updated quarterly on or around the 25th of the month following the end of the preceding quarter.

2009 Q1 2009 Q2 2009 Q3
2008 Q1 2008 Q2 2008 Q3 2008 Q4
2007 Q1 2007 Q2 2007 Q3 2007 Q4
2006 Q1 2006 Q2 2006 Q3 2006 Q4
2005 Q1 2005 Q2 2005 Q3 2005 Q4
2004 Q1 2004 Q2 2004 Q3 2004 Q4
2003 Q1 2003 Q2 2003 Q3 2003 Q4
2002 Q1 2002 Q2 2002 Q3 2002 Q4



  Important Information
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Other than Macquarie Bank Limited ABN 46 008 583 542 (MBL), any Macquarie Group entity noted on this page is not an authorised deposit-taking institution for the purposes of the Banking Act 1959 (Commonwealth of Australia). That entity's obligations do not represent deposits or other liabilities of MBL. MBL does not guarantee or otherwise provide assurance in respect of the obligations of that entity, unless noted otherwise.