Arbitrage. 9.1. Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Platform does not accurately reflect the market rates. The concept of arbitrage and or taking advantage of these internet delays cannot exist in an OTC market where the Client is buying or selling directly from the principal. The Company does not permit the practice of arbitrage on the Trading Platform. Transactions that rely on price latency arbitrage opportunities may be revoked, without prior notice. The Company reserves the right to make the necessary corrections or adjustments on the Account involved, without prior notice. Accounts that rely on arbitrage strategies may at the Company’s sole discretion be subject to the Company’s intervention and the Company’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by the Company in their sole and absolute discretion.
9.2. The Company shall have no obligation to contact the Client to advice upon appropriate action in light of changes in market conditions or otherwise.
9.3. The Client agrees to indemnify and hold the Company, its affiliates and any of their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred in connection with the provision of the services under these Terms provided that any such liabilities, losses, damages, costs and expenses have not arisen for the Company’s gross negligence, fraud or willful default.
Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause any Refunding Obligations or Defeased Obligations to be an "arbitrage bond" within the meaning of the Code.
Arbitrage. Arbitrage describes any trading result that is the outcome of actions that either eliminate the risk totally or significantly, usually abusing features provided by the Company.
Arbitrage. 25.1. Internet, connectivity delays, and price feed errors sometimes create a situation where the prices displayed on Online Systems do not accurately reflect the market rates. The concept of "arbitrage" and "scalping", or taking advantage of these Internet delays, cannot exist in a Market where the client is buying or selling directly from the market maker. We do not permit the practice of arbitrage on Online Systems. Transactions that rely on price latency arbitrage opportunities may be revoked. We reserve the right to make the necessary corrections or adjustments on the Account involved. Accounts that rely on arbitrage strategies may at our sole discretion be subject to our intervention and our approval of any orders. Any dispute arising from such quoting or execution errors will be resolved by us in our sole and absolute discretion.
25.2. We shall have any obligation to contact you and advise you upon appropriate action in light of changes in market conditions or otherwise. You acknowledge that the Market is highly speculative and volatile and that, following execution of any transaction, you are solely responsible for making and maintaining contact with us for the purpose of monitoring the position and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for them to contact you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so.
25.3. You agree to indemnify and hold us, our Affiliates, and any of our/their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees, incurred in connection with the provision of the services under this Annex 1 to you provided that any such liabilities, losses, damages, costs and expenses have not arisen for our negligence, fraud or wilful default.
Arbitrage. The Company covenants with the Issuer and for and on behalf of the purchasers and owners of the Bonds from time to time outstanding that so long as any of the Bonds remain outstanding, moneys on deposit in any fund in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, and any lawful regulations promulgated thereunder, as the same exist on this date, or may from time to time hereafter be amended, supplemented or revised. The Company also covenants for the benefit of the Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys as may be permitted by State law at such time, if, when and to the extent that said Section 148 or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the written Opinion of Tax Counsel, result in making the interest on the Bonds includible in the federal gross income of the owners of the Bonds.
Arbitrage. The Issuer and the Company hereby covenant with each other, the Trustee and each of the holders of any Bonds that neither of them will cause or permit the proceeds of the Bonds to be used in a manner that will cause the interest on the Bonds to be includable in gross income of the recipients thereof other than a person who is a "substantial user" of the Facilities or a "related person" to such "substantial user" within the meaning of the Code for federal income tax purposes. In addition, the Company covenants that to the extent permitted by law, it shall take all actions within its control necessary to maintain, and shall refrain from taking any action that impairs, the exclusion of the interest on the Bonds from gross income for federal income tax purposes under federal tax law existing on the date of delivery of the Bonds. In furtherance of the foregoing, the Company also agrees on behalf of the Issuer to comply with all rebate requirements and procedures as may become applicable to the Bonds under the Code. Without limiting the generality of the foregoing, the Company further covenants and agrees, as follows:
(a) The Facilities are located within the jurisdiction of the Issuer.
(b) Substantially all of the net proceeds of the sale of the Prior Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Prior Bonds have been expended.
(c) The weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Prior Bonds.
(d) The principal amount of the Bonds shall not exceed the outstanding principal amount of the Prior Bonds being refunded from the proceeds of the Bonds.
(e) The Bonds are not and will not be "federally guaranteed" (as defined in Section 149(b) of the Code).
(f) None of the proceeds of the Bonds will be used, and none of the proceeds of the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises.
(g) The information furnished by the Company and used by the Issuer in preparing the certification pursuant to Section 148 of the Code and the information statement...
Arbitrage. There are certain situations, including, but not limited to, internet issues, connectivity delays and/or price feed errors, where prices displayed on the Trading Platform or any other licensed trading platform are inaccurate and do not reflect proper market rates. Taking advantage of these Internet delays or issues, otherwise known as latency arbitrage or “scalping,” is a detrimental manipulation of the OTC market and cannot be permitted where clients directly buy or sell from the market maker. Therefore, the practice of latency arbitrage is strictly forbidden and constitutes a material breach of the Agreement. FXDD reserves the right to revoke any transaction that relies upon price latency arbitrage opportunities. FXDD further reserves the right to amend, correct, or adjust as necessary any account involved in arbitrage. At FXDD’s sole discretion, any such accounts may be subject to risk desk intervention including specific approval of any and all orders or even termination of an account, including any other related account established by the Client. Any dispute arising from such arbitrage and/or manipulation will be resolved in FXDD’s sole and absolute discretion. Until such matters reach a resolution, FXDD reserves its right to place a hold on any account withdrawals. Notwithstanding any actions or resolution, it may have under this provision, FXDD expressly reserves its right to further pursue any and all rights and remedies it may have against the Client. Nothing stated herein shall act as a waiver or prejudice such rights or remedies.
Arbitrage. After the procedure set forth in paragraph 33.2, if one of the Parties or one of the signatories deems that there are no conditions for an amicable solution to the dispute or controversy referred to in such paragraph, such issue shall be submitted to arbitration. The arbitration proceeding shall be managed by a notoriously acknowledged arbitral institution with trustworthy reputation and capacity to manage arbitration according to the rules of this section, and preferably with its principal place of business or office for management of cases in Brazil; The parties of the litigation shall choose arbitration by mutual agreement. If the Parties do not reach an agreement regarding the choice of the arbitral institution, ANP shall indicate one of the following institutions: (i) International Court of Arbitration of the International Chamber of Commerce; (ii) London Court of International Arbitration; or (iii) Hague Permanent Court of Arbitration. If ANP does not indicate an institution within the term established in paragraph 33.2.3, the other party may indicate any of the three institutions referred to in this item. The arbitration shall comply with the rules of the chosen arbitral institution, only with respect to what is in compliance with this section. Only expedited procedures or procedures of a single arbitrator shall be adopted in case of an express agreement between the parties. Three arbitrators shall be appointed. Each party in the litigation shall choose an arbitrator. The two arbitrators so appointed shall designate the third arbitrator, who shall preside over the panel; The city of Rio de Janeiro, Brazil, shall be the seat of the arbitration and the place where the arbitration award is rendered; The language of the arbitration proceeding shall be Portuguese. The parties in the litigation may, however, support the proceeding with testimonies or documents in any other language, as decided by the arbitrators, with no need for a sworn translation; On the merits, the arbitrators shall decide based on the Brazilian laws; The arbitration award shall be final and its content shall bind the signatories. Any amounts possibly payable by the Contracting Party or ANP shall be paid off by a special judicial order, except in the event of administrative recognition of the request; The expenses required to compose, conduct, and develop the arbitration, such as costs of the arbitral institution and advance payment of arbitral fees, shall be paid in advance exclusive...
Arbitrage. Arbitrage is the simultaneous purchase of a security on one stock exchange and the sale of the same security on another exchange to take advantage of a price discrepancy.
