Charge. 3.1 The Customer, as beneficial owner, charges in favour of the Company by way of first fixed charge all the Customer's respective rights, title, benefits and interests in and to all Collateral as a continuing security (“Charge”) for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer to the Company or its Associates, or for which the Customer may be or become liable to the Company or its Associates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company or its Associates. 3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer to the Company and/or its Associates and notwithstanding the closing of any of the Customer's accounts with the Company and which are subsequently reopened or the subsequent opening of any account by the Customer either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer to the Company or its Associates on any account or otherwise. 3.3 The Customer represents and warrants that the Collateral is legally and beneficially owned by the Customer, that the Customer is entitled to deposit the Collateral with the Company or its Associates that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities comprised in the Collateral are and will be fully paid up. 3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Client Agreement and the full performance of the Customer's obligations under the Margin Facility Terms, the Company will at the Customer's request and expense release to the Customer all the rights, title and interests of the Company in the Collateral and will give such Instructions and directions as the Customer may require in order to perfect such release. 3.5 Until the Charge becomes enforceable, (i) the Company will have the right, subject only to giving the Customer notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client Agreement, the Customer may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the Customer's obligations under the Margin Facility Terms, or which in any way may prejudice the Company's rights in relation to the Collateral.
Appears in 7 contracts
Samples: Securities Trading Account Agreement, Securities Client Agreement, Securities Client Agreement
Charge. 3.1 The CustomerClient, as beneficial owner, charges in favour of the Company EISHK by way of first fixed charge all the CustomerClient's respective rights, title, benefits and interests in and to all Collateral as a continuing security (“"Charge”") for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to the Company EISHK or its Associates, or for which the Customer Client may be or become liable to the Company EISHK or its Associates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company EISHK or its Associates.
3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company EISHK and/or its Associates and notwithstanding the closing of any of the CustomerClient's accounts with the Company EISHK and which are subsequently reopened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company EISHK or its Associates on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company EISHK or its Associates Associates, that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities comprised in the Collateral are and will be fully paid up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Cash Client Agreement and the full performance of the CustomerClient's obligations under the Margin Facility Terms, the Company EISHK will at the CustomerClient's request and expense release to the Customer Client all the rights, title and interests of the Company EISHK in the Collateral and will give such Instructions and directions as the Customer Client may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (i) the Company EISHK will have the right, subject only to giving the Customer Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client AgreementSchedule, the Customer Client may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the CustomerClient's obligations under the Margin Facility Termsterms in this Schedule, or which in any way may prejudice the CompanyEISHK's rights in relation to the Collateral.
Appears in 4 contracts
Samples: Agreement for Securities Trading Account, Securities Trading Account Agreement, Securities Trading Account Agreement
Charge. 3.1 The CustomerClient, as beneficial owner, charges in favour of the Company by way of first fixed charge all the Customer's Client’s respective rights, title, benefits and interests in and to all Collateral as a continuing security (“"Charge”") for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to the Company or its Associates, or for which the Customer Client may be or become liable to the Company or its Associates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company or its Associates.
3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company and/or its Associates and notwithstanding the closing of any of the Customer's Client’s accounts with the Company and which are subsequently reopened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company or its Associates on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company or its Associates Associates, that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities comprised in the Collateral are and will be fully paid up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Client Agreement and the full performance of the Customer's obligations under the Margin Facility Terms, the Company will at the Customer's request and expense release to the Customer all the rights, title and interests of the Company in the Collateral and will give such Instructions and directions as the Customer may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (i) the Company will have the right, subject only to giving the Customer notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client Agreement, the Customer may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the Customer's obligations under the Margin Facility Terms, or which in any way may prejudice the Company's rights in relation to the Collateral.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Charge. 3.1 The CustomerClient, as beneficial owner, charges in favour of the Company TCSCL by way of first fixed charge all the Customer's Client’s respective rights, title, benefits and interests in and to all Collateral collateral as a continuing security (the “Charge”) for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to the Company TCSCL or its AssociatesAffiliates, or for which the Customer Client may be or become liable to the Company TCSCL or its Associates Affiliates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company TCSCL or its AssociatesAffiliates.
3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company TCSCL and/or its Associates Affiliates and notwithstanding the closing of any of the Customer's Client’s accounts with the Company TCSCL and which are subsequently reopened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company TCSCL or its Associates Affiliates on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company TCSCL or its Associates Affiliates that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocksstock, shares and other securities comprised in the Collateral are and will be fully paid up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Client Agreement and the full performance of the Customer's Client’s obligations under the Margin Facility Terms, the Company TCSCL will at the Customer's Client’s request and expense release to the Customer Client all the rights, title and interests of the Company TCSCL in the Collateral and will give such Instructions and directions as the Customer Client may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (i) the Company TCSCL will have the right, subject only to giving the Customer Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client AgreementSchedule, the Customer Client may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the Customer's Client’s obligations under the Margin Facility Terms, or which in any way may prejudice the Company's TCSCL’s rights in relation to the Collateral.
Appears in 1 contract
Samples: Client Agreement
Charge. 3.1 The CustomerClient, as beneficial owner, charges in favour of the Company TCSCL by way of first fixed charge all the Customer's Client’s respective rights, title, benefits and interests in and to all Collateral collateral as a continuing security (“Charge”) for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to the Company TCSCL or its AssociatesAffiliates, or for which the Customer Client may be or become liable to the Company TCSCL or its Associates Affiliates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company TCSCL or its AssociatesAffiliates.
3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company TCSCL and/or its Associates Affiliates and notwithstanding the closing of any of the Customer's Client’s accounts with the Company TCSCL and which are subsequently reopened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company TCSCL or its Associates Affiliates on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company TCSCL or its Associates Affiliates that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocksstock, shares and other securities comprised in the Collateral are and will be fully paid up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Client Agreement and the full performance of the Customer's Client’s obligations under the Margin Facility Terms, the Company TCSCL will at the Customer's Client’s request and expense release to the Customer Client all the rights, title and interests of the Company TCSCL in the Collateral and will give such Instructions and directions as the Customer Client may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (i) the Company TCSCL will have the right, subject only to giving the Customer Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client AgreementSchedule, the Customer Client may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the Customer's Client’s obligations under the Margin Facility Terms, or which in any way may prejudice the Company's TCSCL’s rights in relation to the Collateral.
Appears in 1 contract
Samples: Client Agreement
Charge. 3.1 The CustomerClient hereby, as the sole beneficial owner, charges in favour of the Company FUTU SECURITIES by way of first fixed charge charge, all credit balances (including all interest accrued or to be accrued) in the Account or accounts held with other Group members, any nominee, keeper, or any person designated or agreed by FUTU SECURITIES, all Securities that may be held by or on behalf of the Client (including all existing and future rights and benefits attaching thereto and accruing and deriving from the Securities or in respect thereof) and all the Customer's Client’s respective rights, title, benefits and interests in and to all the Collateral as a continuing security (the “Charge”) for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations due under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer to the Company or its Associates, or for which the Customer Client may be or become becomes liable to the Company FUTU SECURITIES or its Associates on any account Group member, whether present or in any manner whatsoever (whether alone future, actual or jointly with any other person and in whatever name style contingent, primary or firm) collateral, secured or unsecured or several or joint, together with interest from the date of demand to the date of repayment, and any commission, legal and other all costs, charges and expenses as they appear incurred by FUTU SECURITIES in the records exercise of the Company or its Associatessuch rights.
3.2 The Charge in favour of FUTU SECURITIES shall be a continuing continuous security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company FUTU SECURITIES and/or its Associates Group members and notwithstanding the closing termination of any of the Customer's accounts Account opened with the Company FUTU SECURITIES and which are subsequently reopened re-opened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company FUTU SECURITIES or its Associates Group members on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company FUTU SECURITIES or its Associates Group members that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities Securities comprised in the Collateral are and will be fully paid paid-up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Client Agreement and the full performance of the Customer's obligations under the Margin Facility Terms, the Company will at the Customer's request and expense release to the Customer all the rights, title and interests of the Company in the Collateral and will give such Instructions and directions as the Customer may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (ia) the Company FUTU SECURITIES will have the right, subject only to giving the Customer Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (iib) except as otherwise provided in this the Margin Client AgreementFacility Terms, the Customer Client may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the Customer's Client’s obligations under the Margin Facility Terms, or which in any way may prejudice the Company's FUTU SECURITIES’ rights in relation to the Collateral.
Appears in 1 contract
Samples: Client Agreement
Charge. 3.1 The CustomerClient, as beneficial owner, charges in favour of the Company MSCL by way of first fixed charge all the CustomerClient's respective rights, title, benefits and interests in and to all Collateral as a continuing security (“"Charge”") for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and performance of all obligations under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to the Company MSCL or its Associates, or for which the Customer Client may be or become liable to the Company MSCL or its Associates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of demand to the date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of the Company MSCL or its Associates.
3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of account or satisfaction of the whole or any part of any sum owing by the Customer Client to the Company MSCL and/or its Associates and notwithstanding the closing of any of the CustomerClient's accounts with the Company MSCL and which are subsequently reopened or the subsequent opening of any account by the Customer Client either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from the Customer Client to the Company MSCL or its Associates on any account or otherwise.
3.3 The Customer Client represents and warrants that the Collateral is legally and beneficially owned by the CustomerClient, that the Customer Client is entitled to deposit the Collateral with the Company MSCL or its Associates Associates, that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities comprised in the Collateral are and will be fully paid up.
3.4 Upon irrevocable payment in full of all sums which may be or become payable under the Securities Cash Client Agreement and the full performance of the CustomerClient's obligations under the Margin Facility Terms, the Company MSCL will at the CustomerClient's request and expense release to the Customer Client all the rights, title and interests of the Company MSCL in the Collateral and will give such Instructions and directions as the Customer Client may require in order to perfect such release.
3.5 Until the Charge becomes enforceable, (i) the Company MSCL will have the right, subject only to giving the Customer Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Margin Client Agreement, the Customer Client may direct the exercise of other rights attaching to, or connected with, the Collateral, but not in any manner which is inconsistent with the CustomerClient's obligations under the Margin Facility Terms, or which in any way may prejudice the CompanyMSCL's rights in relation to the Collateral.
2.5 只要客戶對本公司存在任何債務,本公司將有權在任何時候及不時拒絕客戶從客戶的帳戶提取任何或所有抵押品;及在未獲得本公司事先書面同意之前,客戶將不能從客戶帳戶提取任何部分或全部抵押品。
2.6 若本公司據其絕對酌情權,認為其提供的融資需要有足夠的擔保,客戶應根據本公司的要求,按照本公司指定的金額、形式 ,以現金、證券和/或其他資產的形式支付一定數額的存款或保證金,並在指定的時間內存到指定的帳戶內﹙稱為「追收保證金通知」﹚。為發出追收保證金通知,本公司將儘力及儘快按照客戶在開戶表格中提供的電話號碼以電話形式聯絡客戶,和/或通過郵件、傳真、電郵或其他方式,向客戶發出追收保證金通知。客戶同意, 即使本公司未能以電話與客戶取得聯絡,或客戶未收到該書面通知,客戶將被視為已獲得適當的通知。
2.7 若客戶未能遵守本孖展客戶協議第2.6 條的規定,將構成現金客戶協議第11 條之下的違約事件。
2.8 客戶同意為自己獲得的融資支付利息,及利息將逐日計算。利息率應為一個高於本公司資金成本的百分率,並將會隨當前的貨幣市場狀況而改變及由本公司不時通知客戶。該利息費用可由本公司從客戶在本公司或其聯營公司開立的孖展帳戶或任何其他帳戶中扣除。
Appears in 1 contract