Common use of Calculation of Liquidation Amount Clause in Contracts

Calculation of Liquidation Amount. Upon the occurrence of a Liquidation Date, (a) neither HYCM nor the Client shall be obliged to make any further payments under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) HYCM shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction referred to in Clause [16.3(a)], its total cost, loss or, as the case may be, gain, in each case expressed in the Account’s base currency (the “Base Currency”) (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, of such Transaction; and (c) HYCM shall treat each cost or loss to HYCM, determined as above, as a positive amount and each gain by HYCM, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the Base Currency (the “Liquidation Amount”).

Appears in 7 contracts

Samples: Customer Agreement for Retail Clients, Customer Agreement for Retail Clients, Customer Agreement

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Calculation of Liquidation Amount. Upon the occurrence of a Liquidation Date, (a) neither HYCM nor the Client shall be obliged to make any further payments under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) HYCM shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction referred to in Clause [16.3(a)], its total cost, loss or, as the case may be, gain, in each case expressed in the Account’s base currency (the “Base Currency”) (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, of such Transaction; and (c) HYCM shall treat each cost or loss to HYCM, determined as above, as a positive amount and each gain by HYCM, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the Base Currency (the “Liquidation Amount”).

Appears in 3 contracts

Samples: Customer Agreement for Retail Clients, Customer Agreement for Retail Clients, Customer Agreement for Retail Clients

Calculation of Liquidation Amount. Upon the occurrence of a Liquidation Date, (a) neither HYCM nor the Client shall be obliged to make any further payments under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) HYCM shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction referred to in Clause [16.3(a)], its total cost, loss or, as the case may be, gain, in each case expressed in the Account’s base currency (the “Base Currency”) (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, of such Transaction; and (c) HYCM shall treat each cost or loss to HYCM, determined as above, as a positive amount and each gain by HYCM, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the Base Currency (the “Liquidation Amount”).

Appears in 2 contracts

Samples: Customer Agreement for Retail Clients, Customer Agreement for Retail Clients

Calculation of Liquidation Amount. Upon the occurrence of a Liquidation Date, (a) neither HYCM ALGO FOREX nor the Client shall be obliged to make any further payments under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) HYCM ALGO FOREX shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction referred to in Clause [16.3(a)], its total cost, loss or, as the case may be, gain, in each case expressed in the Account’s base currency (the “Base Currency”) (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, of such Transaction; and (c) HYCM ALGO FOREX shall treat each cost or loss to HYCMALGO FOREX, determined as above, as a positive amount and each gain by HYCMALGO FOREX, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the Base Currency (the “Liquidation Amount”).

Appears in 1 contract

Samples: Customer Agreement for Retail Clients

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Calculation of Liquidation Amount. Upon the occurrence of a Liquidation Date, (a) neither HYCM Henyep nor the Client shall be obliged to make any further payments under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) HYCM Henyep shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction referred to in Clause [16.3(a10.3(a)], its total cost, loss or, as the case may be, gain, in each case expressed in the Account’s Account‟s base currency (the “Base Currency”) (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, of such Transaction; and (c) HYCM Henyep shall treat each cost or loss to HYCMHenyep, determined as above, as a positive amount and each gain by HYCMHenyep, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the Base Currency (the “Liquidation Amount”).

Appears in 1 contract

Samples: Customer Agreement for Retail Clients

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