Common use of Breach; Security Interest Clause in Contracts

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to you, wherever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 30 contracts

Samples: Customer Account Agreement, Customer Account Agreement, Customer Account Agreement

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Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid other property so held by you in the (i) collection from or to any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 9 contracts

Samples: d2ronhuflgo4cz.cloudfront.net, www.1db.com, s3.amazonaws.com

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to you, wherever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- broker-dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 9 contracts

Samples: Electronic Agreement and Disclosure, Agreement, Agreement

Breach; Security Interest. Whenever in your Apex’s discretion you consider Apex considers it necessary for your protectionApex’s, Advisor’s, or for the protection of the Customer’s Introducing Broker protection or in the event of, but not limited to; : (i) any breach by the Customer of this or any other agreement with you Apex or Advisor or (ii) the Customer's ’s failure to pay for securities and other property Assets purchased or to deliver securities and other property Assets sold, you Apex may sell any or and all securities and other property Assets held in the Account or any of the other account in Customer's accounts ’s name (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, Assets and/or borrow or buy-in any securities and other property Assets required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived waiver by the Customer, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer or Advisor at any time and for any reason. Any and all securities and other property Assets belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you Apex (either individually or jointly with others) shall be subject to a continuing and perfected first priority lien and prior security interest and lien right of set-off held by Apex for the discharge of and all indebtedness or obligation Customer may have to Apex, and will be held as security for payment of any liability or indebtedness in the Account or any of Customer's obligations to you’s accounts with Apex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other propertyAssets, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property Assets in any of the Customer's accounts, and/or to transfer any such securities and other property Assets among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the Account or any accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities or Advisor’s transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers Apex’s control, its customers’ Customer’s voting rights may be impaired. For example, if the stock of a company that another one Apex customer has purchased has not yet been received from the seller(s), then other a different Apex customers’ abilities to vote that company’s stock could be impaired until those shares are receivedreceived by Apex. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerCustomer, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 7 contracts

Samples: Ach Agreement, Customer Account Agreement and Advisor Authorization, Customer Account Agreement and Advisor Authorization

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid other property so held by you in the (i) collection from or to any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 4 contracts

Samples: Margin and Short Account Agreement, Account Agreement, Account Agreement

Breach; Security Interest. Whenever in your Apex’s discretion you consider Apex considers it necessary for your Apex’s protection, or for the protection of the Customer’s Introducing Broker Wealthfront or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Apex or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you Apex may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in buy-­‐in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customerundersigned, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to youApex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other property, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers broker-­‐dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerWealthfront, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 3 contracts

Samples: Electronic Agreement and Disclosure, Account Agreement, Electronic Agreement and Disclosure

Breach; Security Interest. Whenever in your its discretion you consider Robinhood considers it necessary for your the Customer’s protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Robinhood or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you Robinhood may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in buy any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you Robinhood may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Robinhood has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by Robinhood in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to youRobinhood, wherever whenever or however arising and without regard to whether or not you Robinhood have made advances with respect to such securities and other property, and you are Robinhood is hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs Robinhood shall have the right to transfer securities and expenses, including but not limited other property so held by Robinhood from or to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendswhenever Robinhood so determines.

Appears in 3 contracts

Samples: Robinhood Financial and Robinhood Securities, Robinhood Financial and Robinhood Securities, Robinhood Financial and Robinhood Securities

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other anyother agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the bythe Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointlywith others), now or hereafter opened, including anyaccounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to regardto whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all anyandall securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited other propertyso held byyou fromor to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 2 contracts

Samples: content.sogotrade.com, folionet.com

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid other property so held by you in the (i) collection from or to any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 2 contracts

Samples: Electronic Agreement and Disclosure, www.axosinvest.com

Breach; Security Interest. Whenever in your Apex's discretion you consider Apex considers it necessary for your protectionApex's, Advisor's, or for the Customer's protection of the Customer’s Introducing Broker or in the event of, but not limited to; : (i) any breach by the Customer of this or any other agreement with you Apex or Advisor or (ii) the Customer's failure to pay for securities and other property Assets purchased or to deliver securities and other property Assets sold, you Apex may sell any or and all securities and other property Assets held in the Account or any of the other account in Customer's accounts name (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, Assets and/or borrow or buy-in any securities and other property Assets required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived waiver by the Customer, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer or Advisor at any time and for any reason. Any and all securities and other property Assets belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you Apex (either individually or jointly with others) shall be subject to a continuing and perfected first priority lien and prior security interest and lien right of set-off held by Apex for the discharge of and all indebtedness or obligation Customer may have to Apex, and will be held as security for payment of any liability or indebtedness in the Account or any of Customer's obligations to youaccounts with Apex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other propertyAssets, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property Assets in any of the Customer's accounts, and/or to transfer any such securities and other property Assets among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the Account or any accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities 's or Advisor's transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers Apex's control, its customers’ Xxxxxxxx's voting rights may be impaired. For example, if the stock of a company that another one Apex customer has purchased has not yet been received from the seller(s), then other a different Apex customers' abilities to vote that company’s 's stock could be impaired until those shares are receivedreceived by Apex. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerCustomer, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Account Agreement and Advisor Authorization

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to you, wherever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers broker-dealer’s control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Account Agreement

Breach; Security Interest. Whenever in your its discretion you consider Broker considers it necessary for your protection, Broker’s or for the protection of the Customer’s Introducing Broker protection or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Broker or its Affiliates or (ii) the Customer's ’s failure to pay for securities and other property purchased or to deliver securities and other property sold, you Broker may sell any or all securities and other property held in any of the Customer's ’s Accounts or accounts held with any of Broker’s Affiliates (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or or borrow or buy-in buy any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is Customer expressly waived by the Customerwaives, and/or you and Broker may require the Customer to deposit cash or adequate collateral to the Customer's account ’s Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or or unsettled transactions. You have Xxxxxx has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer now or hereafter held, carried or maintained by Broker in which the Customer may have an interest held by you or carried in for any of the Customer's accounts with you ’s Accounts (either individually or jointly with others) ), now or hereafter opened, including any accounts in which Customer may have an interest, shall be subject to a first and prior lien and security interest and lien for the discharge of the all of Customer's obligations ’s Obligations to youBroker, wherever whenever or however arising and without regard to whether or not you have Broker made advances with respect to such securities and other property, and you are Broker is hereby authorized to sell and/or or purchase any and all securities and other property in any of the Customer's accounts’s Accounts, and/or or to transfer any such securities and other property Property among any of the Customer's accounts ’s Accounts, to the fullest extent of the allowed by law and without notice where allowedallowed by law. The losses, costs Broker shall have the right to transfer securities and expenses, including but not limited other property so held by Xxxxxx from or to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsAccounts whenever Broker so determines.

Appears in 1 contract

Samples: Account Agreement

Breach; Security Interest. Whenever in your Axos Clearing’s discretion you consider Axos Clearing considers it necessary for your protectionAxos Clearing’s, Advisor’s, or for the Your protection of the Customer’s Introducing Broker or in the event of, but not limited to; : (i) any breach by the Customer You of this or any other agreement with you Axos Clearing or Advisor or (ii) the Customer's Your failure to pay for securities and other property Assets purchased or to deliver securities and other property Assets sold, you Axos Clearing may sell any or and all securities and other property Assets held in the RIA Account or any of the Customer's accounts other account in Your name (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, Assets and/or borrow or buy-in any securities and other property Assets required to make delivery against any sale, including a short sale, effected for the CustomerYou, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived waiver by the CustomerYou, and/or you Axos Clearing may require the Customer You to deposit cash or adequate collateral to the Customer's account RIA Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Axos Clearing has the right to refuse to execute securities transactions for the Customer You or Advisor at any time and for any reason. Any and all securities and other property Assets belonging to the Customer You or in which the Customer You may have an interest held by you Axos Clearing or carried in any of the Customer's Your accounts with you Axos Clearing (either individually or jointly with others) shall be subject to a continuing and perfected first priority lien and prior security interest and lien right of set-off held by Axos Clearing for the discharge of and all indebtedness or obligation You may have to Axos Clearing, and will be held as security for payment of any liability or indebtedness in the Customer's obligations to youRIA Account or any of Your accounts with Axos Clearing, wherever or however arising and without regard to whether or not you have Axos Clearing has made advances with respect to such securities and other propertyAssets, and you are Axos Clearing is hereby authorized to sell and/or purchase any and all securities and other property Assets in any of the Customer's Your accounts, and/or to transfer any such securities and other property Assets among any of the Customer's Your accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Axos Clearing in the (i) collection of a debit balance and/or any unpaid deficiency in the RIA Account or any accounts of the Customer Yours with you Axos Clearing or (ii) defense of any matter arising out of the Customerth e Your or Advisor’s securities transactions, shall be payable to you Axos Clearing by the CustomerYou. The Customer understands You understand that because of circumstances beyond broker- dealers Axos Clearing’s control, its customers’ Your voting rights may be impaired. For example, if the stock of a company that another customer one Axos Clearing custo mer has purchased has not yet been received from the seller(s), then other customers’ a different Axos Clearing customer’s abilities to vote that company’s stock stoc k could be impaired until those shares are receivedreceived by Axos Clearing. In addition, if the stock of a company that the Customer has You have purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerYou, in lieu of the dividends on that stock not yet receivedrecei ved, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Ria Account Agreement and Advisor Authorization

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid other property so held by you in the (i) collection from or to any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 1 contract

Samples: Account Agreement

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Breach; Security Interest. Whenever in your Apex’s discretion you consider Apex considers it necessary for your Apex’s protection, or for the protection of the Customer’s Introducing Broker Wealthfront or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Apex or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you Apex may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in buy‐in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customerundersigned, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to youApex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other property, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers broker‐dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerWealthfront, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Electronic Agreement and Disclosure

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other anyother agreement with you or (ii) the Customer's failure to pay for payfor securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the bythe Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by youin or for any of the accounts of the Customer (either individually or jointlywith others), now or hereafter opened, including anyaccounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to regardto whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all anyandall securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited other propertyso held byyou fromor to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 1 contract

Samples: Account Agreement

Breach; Security Interest. Whenever in your its discretion you consider RHS considers it necessary for your protection, or for the protection of the Customer’s Introducing Broker protection, or in the event of, but not limited to; : (i) any breach by the Customer of this or any other agreement with you Robinhood; or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you RHS may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in buy any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you RHS may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have RHS has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by RHS in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to youRHS, wherever whenever or however arising and without regard to whether or not you have RHS has made advances with respect to such securities and other property, and you are RHS is hereby authorized authorised to sell and/or purchase any and all securities and other property in any of the Customer's ’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts ’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs RHS shall have the right to transfer securities and expenses, including but not limited other property so held by RHS from or to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendswhenever RHS so determines.

Appears in 1 contract

Samples: Margin Account Agreement

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to you, wherever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers brokerdealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Account Agreement

Breach; Security Interest. Whenever in your discretion you consider it necessary for your protection, or for the protection of the Customer’s Introducing Broker or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you or (ii) the Customer's ’s failure to pay for securities and other property purchased or to deliver securities and other property sold, you may sell any or all securities and other property held in any of the Customer's ’s accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-buy0in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you may require the Customer to deposit cash or adequate collateral to the Customer's ’s account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to now or hereafter held, carried or maintained by you in or for any of the accounts of the Customer (either individually or jointly with others), now or hereafter opened, including any accounts in which the Customer may have an interest held by you or carried in any of the Customer's accounts with you (either individually or jointly with others) interest, shall be subject to a first and prior lien and security interest and lien for the discharge of all of the Customer's obligations of the Customer to you, wherever whenever or however arising and without regard to whether or not you have made advances with respect to such securities and other property, and you are hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's Custom er’s accounts, and/or to transfer any such securities and other property among any of the Customer's accounts Custom er’s accounts, to the fullest extent of the allowed by law and without notice where allowed. The losses, costs You shall have the right to transfer securities and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid other property so held by you in the (i) collection from or to any other of a debit balance and/or any unpaid deficiency in the accounts of the Customer with whenever you or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you by the Customer. The Customer understands that because of circumstances beyond broker- dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividendsso determine.

Appears in 1 contract

Samples: Margin and Short Account Agreement

Breach; Security Interest. Whenever Apex in your its discretion you consider considers it necessary for your its protection, or for the protection of the Customer’s Introducing Broker Rize or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Apex or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you Apex may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customer, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you Rize Accounts (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to youApex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other property, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you Customer’s Rize Account or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- broker-dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing Broker, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Custodian Account Agreement

Breach; Security Interest. Whenever in your Apex’s discretion you consider Apex considers it necessary for your protectionApex’s, Advisor’s, or for the protection of the Customer’s Introducing Broker protection or in the event of, but not limited to; : (i) any breach by the Customer of this or any other agreement with you Apex or Advisor or (ii) the Customer's ’s failure to pay for securities and other property Assets purchased or to deliver securities and other property Assets sold, you Apex may sell any or and all securities and other property Assets held in the Account or any of the other account in Customer's accounts ’s name (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, Assets and/or borrow or buy-in any securities and other property Assets required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived waiver by the Customer, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer or Advisor at any time and for any reason. Any and all securities and other property Assets belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's ’s accounts with you Apex (either individually or jointly with others) shall be subject to a continuing and perfected first priority lien and prior security interest and lien right of set-off held by Apex for the discharge of and all indebtedness or obligation Customer may have to Apex, and will be held as security for payment of any liability or indebtedness in the Account or any of Customer's obligations to you’s accounts with Apex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other propertyAssets, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property Assets in any of the Customer's ’s accounts, and/or to transfer any such securities and other property Assets among any of the Customer's ’s accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the Account or any accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities or Advisor’s transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers Apex’s control, its customers’ Customer’s voting rights may be impaired. For example, if the stock of a company that another one Apex customer has purchased has not yet been received from the seller(s), then other a different Apex customers’ abilities to vote that company’s stock could be impaired until those shares are receivedreceived by Apex. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerCustomer, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Customer Account Agreement

Breach; Security Interest. Whenever in your Apex’s discretion you consider Apex considers it necessary for your Apex’s protection, or for the protection of the Customer’s Introducing Broker Wealthfront or in the event of, but not limited to; (i) any breach by the Customer of this or any other agreement with you Apex or (ii) the Customer's failure to pay for securities and other property purchased or to deliver securities and other property sold, you Apex may sell any or all securities and other property held in any of the Customer's accounts (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, and/or borrow or buy-in any securities and other property required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived by the Customerundersigned, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer at any time and for any reason. Any and all securities and other property belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you (either individually or jointly with others) shall be subject to a first and prior security interest and lien for the discharge of the Customer's obligations to youApex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other property, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property in any of the Customer's accounts, and/or to transfer any such securities and other property among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- broker-dealers control, its customers’ voting rights may be impaired. For example, if the stock of a company that another customer has purchased has not yet been received from the seller(s), then other customers’ abilities to vote that company’s stock could be impaired until those shares are received. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerWealthfront, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Electronic Agreement and Disclosure

Breach; Security Interest. Whenever in your Apex's discretion you consider Apex considers it necessary for your protectionApex's, Advisor's, or for the Customer's protection of the Customer’s Introducing Broker or in the event of, but not limited to; : (i) any breach by the Customer of this or any other agreement with you Apex or Advisor or (ii) the Customer's failure to pay for securities and other property Assets purchased or to deliver securities and other property Assets sold, you Apex may sell any or and all securities and other property Assets held in the Account or any of the other account in Customer's accounts name (either individually or jointly with others), cancel or complete any open orders for the purchase or sale of any securities and other property, Assets and/or borrow or buy-in any securities and other property Assets required to make delivery against any sale, including a short sale, effected for the Customer, all without notice or demand for deposit of collateral, other notice of sale or purchase, or other notice or advertisement, each of which is expressly waived waiver by the Customer, and/or you Apex may require the Customer to deposit cash or adequate collateral to the Customer's account Account prior to any settlement date in order to assure the performance or payment of any open contractual commitments and/or unsettled transactions. You have Apex has the right to refuse to execute securities transactions for the Customer or Advisor at any time and for any reason. Any and all securities and other property Assets belonging to the Customer or in which the Customer may have an interest held by you Apex or carried in any of the Customer's accounts with you Apex (either individually or jointly with others) shall be subject to a continuing and perfected first priority lien and prior security interest and lien right of set-off held by Apex for the discharge of and all indebtedness or obligation Customer may have to Apex, and will be held as security for payment of any liability or indebtedness in the Account or any of Customer's obligations to youaccounts with Apex, wherever or however arising and without regard to whether or not you have Apex has made advances with respect to such securities and other propertyAssets, and you are Apex is hereby authorized to sell and/or purchase any and all securities and other property Assets in any of the Customer's accounts, and/or to transfer any such securities and other property Assets among any of the Customer's accounts to the fullest extent of the law and without notice where allowed. The losses, costs and expenses, including but not limited to reasonable attorneys' fees and expenses, incurred and payable or paid by you Apex in the (i) collection of a debit balance and/or any unpaid deficiency in the Account or any accounts of the Customer with you Apex or (ii) defense of any matter arising out of the Customer’s securities 's or Advisor's transactions, shall be payable to you Apex by the Customer. The Customer understands that because of circumstances beyond broker- dealers Apex's control, its customers’ Customer's voting rights may be impaired. For example, if the stock of a company that another one Apex customer has purchased has not yet been received from the seller(s), then other a different Apex customers' abilities to vote that company’s 's stock could be impaired until those shares are receivedreceived by Apex. In addition, if the stock of a company that the Customer has purchased has not yet been received from the seller(s), then payments received by the Customer from the Introducing BrokerCustomer, in lieu of the dividends on that stock not yet received, may receive tax treatment less favorable than that accorded to dividends.

Appears in 1 contract

Samples: Investment Management Agreement

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