· MDRN Capital is the sole registered investment advisor to the Applicable Account and MDRN Capital has discretionary authority as defined in section 1 of MDRN Capital’s wealth management agreement.
· All assets in the Applicable Accounts are invested in Potomac Bull and/or Bear Series Portfolio utilized by MDRN Capital.
· The Applicable Account does not hold any securities that were not purchased or recommended by MDRN Capital.
· The Applicable Account has two consecutive calendar quarters of negative performance.
o Negative performance is defined as the loss in value of the Applicable Account within the respective calendar quarter.