Client Default. 客戶違約
5.1 If the Client fails to comply with any of the Client’s obligations and/or to meet the Client’s liabilities under this Stock Options Trading Agreement, including failure to provide Collateral, in addition to actions the Company may take under Clause 4 of the Client Agreement(s), the Company is further authorized to: 如果客戶未能根據本股票期權交易協議履行本身的任何責任和/或償還客戶的任何債務，包括未提供抵押品，本公司除可按照客戶協議中第4條採取行動外，本公司還有權：
(i) decline to accept further instructions from the Client in respect of Stock Options Trading and US Stock Options Trading; 拒絕接受客戶就在交易所交易的股票期權業務及美國股票期權業務給予的進一步指示﹔
(ii) close out some or all of the Client Contracts with the Company; 將客戶與本公司之間的部分或所有客戶合約平倉﹔
(iii) enter into Contracts, or into transactions in securities, futures or commodities, in order to settle obligations arising or to hedge the risks to which the Company is exposed in relation to the Client’s default; or 訂立合約或進行證券、期貨或商品的交易，以履行所產生的責任或對沖本公司因客戶未有履行責任而須承擔的風險﹔或
(iv) dispose of Collateral, and apply the proceeds thereof to discharge the Client’s liabilities to the Company. 處置保證金，並將該等處置所獲得收益清償客戶欠本公司的債務。 Any proceeds remaining after discharge of all the Client’s liabilities to the Company shall be paid to the Client. 客戶欠本公司的一切債務清償後的任何收入餘額應付予客戶。
5.2 The Client agrees to pay interest on all overdue balances in its Stock Options Account (including interest arising after a judgement debt is obtained against the Client) at such rates and on such other terms as the Company may have notified the Client from time to time. 客戶同意按照本公司不時通知客戶的息率和其他條款，支付股票期權帳戶內所有未清償逾期欠款之利息﹙包括客戶被判定應償債項後所招致的利息﹚。
Client Default. 5.1 The Client agrees to indemnify Galaxy International Securities, its officers (including directors), employees and agents, against all losses and expenses resulting from breach of the Client’s Obligation under this Agreement, including costs reasonably incurred in collecting debts from the Client, and in closing the Stock Options Account.
5.2 Without prejudice to Clause 12 of this Agreement, if the Client fails to comply with any of his Obligations and/ or to meet his liabilities under this Part F, including failure to provide Margin, and/or in any way commit default of Client’s obligations under the Options Trading Rules, Galaxy International Securities may :
(a) decline to accept further Instructions from the Client in respect of Exchange Traded Options Business;
(b) Close Out some or all of the Client’s Client Contracts with Galaxy International Securities;
(c) enter into contracts, or transactions in Securities, futures or Commodities, in order to settle obligations arising or to hedge the risks to which Galaxy International Securities is exposed in relation to the Client’s failure; or
(d) dispose of Xxxxxx, and apply the proceeds thereof to discharge the Client’s liabilities to Galaxy International Securities; or
(e) dispose of any or all securities held for or on behalf of Client in order to set off any of its obligations and to exercise any rights of set off Galaxy International Securities may have in relation to the Client Any proceeds remaining after discharge of all of the Client’s liabilities to Galaxy International Securities shall be paid to the Client.
5.3 Client agrees to pay interest on all overdue balances (including interest arising after a judgment debt is obtained against the Client) at such rates and on such other terms as Galaxy International Securities has notified to the Client from time to time. Client agrees that Galaxy International Securities shall be entitled (but not be obliged), at any time and from time to time, without prior notice, to debit any Account with Galaxy International Securities and/or any other account(s) of Client with other members of the Group with any interest due and payable in accordance with this Clause 5.3 and Client undertakes to, immediately upon demand by Galaxy International Securities, do such act(s) and/or execute such document(s) as may be required by Galaxy International Securities at any time and from time to time in order to give full effect to each such debit.
Client Default. 4.1 If the Customer fails to comply with any of the Customer's obligations and/or to meet the Customer's liabilities under this Options Trading Agreement, including failure to provide Collateral, this will be treated as an Event of Default under Clause 11 of the Securities Client Agreement.
4.2 In addition the actions the Company may take under Clause 11.2, the Company is further authorized to the followings while Clause 11.3 still applies:
(i) decline to accept further instructions from the Customer in respect of Exchange Traded Options Business;
(ii) close out some or all of the Customer's Client Contracts with the Company;
(iii) enter into Contracts, or into transactions in securities, futures or commodities, in order to settle obligations arising or to hedge the risks to which the Company is exposed in relation to the Customer's default; and/or
(iv) dispose of Collateral, and apply the proceeds thereof to discharge the Customer's liabilities to the Company. Any proceeds remaining after discharge of all the Customer's liabilities to the Company shall be paid to the Customer.
4.3 The Customer agrees to pay interest on all overdue balances in its Options Account (including but not limited to interest arising after a judgment debt is obtained against the Customer) at such rates and on such other terms as the Company may have notified the Customer from time to time.
Client Default. 2.6.1 Without prejudice to clause 16 of this Agreement, if Client fails to comply with any of its obligations and/or to meet its liabilities under this Third Schedule, including but not limited to failure to provide Margin, and/or in any way commit default of Client’s obligations under the Options Trading Rules, SHKIS may without prior notice to Client:
2.6.1.1 decline to accept further instructions from Client in respect of Exchange Traded Options Business;
2.6.1.2 close out, give-up or exercise some or all of its Client Contracts with SHKIS;
2.6.1.3 enter into Contracts, or into transactions in securities, futures or commodities, in order to settle obligations arising or to hedge the risks to which SHKIS is exposed in relation to Client’s failure;
2.6.1.4 dispose of Margin, and apply the proceeds thereof to discharge Client’s liabilities to SHKIS; and/or
2.6.1.5 dispose of any or all securities held for or on behalf of Client in order to set off any of its obligations and to exercise any rights of set off SHKIS may have in relation to Client. Any proceeds remaining after discharge of all Client’s liabilities to SHKIS shall be paid to Client.
2.6.2 Client agrees to pay interest on all overdue balances (including interest arising after a judgment debt is obtained against Client) at such rates and on such other terms as SHKIS has notified to Client from time to time. Client agrees that SHKIS shall be entitled (but not obliged), at any time and from time to time, without prior notice, to debit the Account with SHKIS and/or any other account(s) of Client with other member(s) of the Group with any interest due and payable by Client in accordance with this clause 2.6.2 and Client undertakes to, immediately upon demand by SHKIS, do such act(s) and/or execute such document(s) as may be required by SHKIS at any time and from time to time in order to give full effect to each such debit.
Client Default. 5.1 If the Client fails to comply with any of the Client’s obligations and/or to meet the Client’s liabilities under this Client Agreement including this Schedule, including without limitation failure to provide Margin, without prejudice to any other rights KGI Asia may have, KGI Asia shall have the right to:
(a) decline to accept further Instructions from the Client in respect of Exchange Traded Options Business;
(b) offset, close out and/or cancel some or all of the Client’s Client Contracts with KGI Asia;
(c) enter into any Contracts, or into any transactions in Securities, futures or commodities, in order to settle obligations arising or to hedge the risks to which KGI Asia is exposed in relation to the Client’s failure or default; and/or
(d) dispose of any or all of the Margin, and apply the proceeds thereof to discharge the Client’s liabilities to KGI Asia, and any proceeds remaining after discharge of all the Client’s liabilities to KGI Asia should be paid to the Client.
Client Default. In the event that the CLIENT defaults and is replaced by BRED in accordance with applicable legislation, BRED shall be considered to have full ownership of the financial instruments acquired on behalf of the CLIENT. If the Account has a negative balance, the CLIENT shall irrevocably authorise BRED to sell without prior notice all or some of the CLIENT’s financial instruments in order to redress said position. Similarly, should any CLIENT account open or due to be opened in the bank’s books show a negative balance, the CLIENT authorises BRED to offset any negative balances against any positive balances in said account(s). Finally, BRED and the broker are entitled to exercise a right of retention over the cash and financial instruments until all amounts payable by the CLIENT for any reason whatsoever have been settled.
Client Default. Netrix may terminate this Agreement or an applicable SOW for breach, or suspend Services until the default is cured, for the following reasons: If any amount is past due more than thirty (30) days; the assignment by Client of its business for the benefit of creditors, or the filing of a petition under the Bankruptcy Code or any similar statute, or the filing of such a petition which is not discharged or stayed within sixty (60) days, or the appointment of a receiver or similar officer to take charge of Client’s property, or any other act indicative of bankruptcy or insolvency that can be reasonably expected to place Client in payment default. Upon any termination for cause, Client will remain responsible for payment of the full amount of the remaining monthly service fees for all months remaining in the Agreement’s then current Term.
Client Default. Client will be in default under the Agreement if any of the following occur:
i. Client fails to make any payment of money in a timely manner;
ii. Client violates, permits any violation of, or acts in a manner inconsistent with, any licenses, agreements, or intellectual property rights related to the Agreement, any Hardware or Software serviced under the Agreement, or any Purchased Equipment;
iii. Client fails or refuses to perform each and every covenant in the Agreement;
iv. Client fails to maintain consistent communication with Crunchsoft; Crunchsoft sends courtesy notice after 23 days of absent communication between Client and Crunchsoft. Client then has 7 days to contact Crunchsoft; should there be no contact from the Client to Crunchsoft and its staff for longer than the indicated 30 days, the services outlined in the Agreement, Estimate and/or Proposal and/or Quote are considered satisfactory and completed. Any and all payments made to Crunchsoft are non- refundable from Crunchsoft for any reason.
v. any representation or warranty of Client is untrue or becomes untrue during the Term;
vi. Client or its Affiliates commit or permit any other default under or breach of the Agreement or any other agreement between Client and Crunchsoft; or
vii. Client does not provide adequate access to Client’s facilities or takes any other action that causes Crunchsoft to not be able to perform their obligations under this Agreement; viii. commences a voluntary proceeding under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents to the entry of an order for relief in any involuntary case under any such Applicable Law, or consents to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the Defaulting Party or for substantially all of its property or the Defaulting Party makes any general assignment for the benefit of its creditors; or
Client Default. 1. In the event of default in the payment of any amount owed to the Bank the Client shall ipso jure be considered to be in default, without notice, and shall owe the default interest calculated on the basis of the current legal annual default interest rate. Default interest shall also be charged over the value of financial instruments whose delivery to the Bank is delayed by the Client. If the Bank proceeds, in line with legislation, with forced acquisition of financial instruments (closing out), the price of the financial instruments that is posted shall be that paid by the Bank for the said forced acquisition of such.
2. If the Client fails to meet any obligation deriving from any transaction or relationship, the Bank shall implement without limit every measure provided for by Law, against the Client, without prior notice, in order to recover any loss or damage. The Bank’s right to pursue satisfaction of its claims on the Client shall include, without being limited to, the right to: (a) set- off the Bank’s claims on the Client against Client’s counter-claims on the Bank, (b) withhold any amounts, whether funds or assets, held with the Bank in the Client’s name, and (c) sell Client’s financial instruments to satisfy its claim(s) on the Client, pursuant to special provisions of current legislation regarding required sale and/or liquidation or freely at the Bank’s discretion, on the basis of express and irrevocable authorization provided herewith by the Client. In pursuing satisfaction of its claims on the Client, the Bank shall be entitled to exercise the aforesaid rights even if the funds or the assets on which the Bank shall seek to enforce its claim(s) relate to a transaction other than the one in respect of which the Client is in default.
Client Default. If Client’s account results in a debit balance for more than 60 days, Client agrees it is in default of this agreement. If Client defaults on this agreement, Bandwear will notify Client that Client is in default of the agreement and give Client thirty (30) days to cure such default. If Client fails to cure the default within thirty (30) days of notice, Client agrees that Client conveys ownership of all inventory possessed by Bandwear to Bandwear and the Revenue & Payment terms of this agreement will change to the following: Bandwear will apply fifty percent (50%) of net proceeds generated by sale of Client’s music and merchandise in the Bandwear Superstore to Client’s debit balance and Bandwear will retain the remaining fifty percent (50%). Net proceeds are Client’s gross sales revenue less all fees as documented in the Fees Addendum. All other terms and conditions in the Revenue & Payments section will remain the same. Client conveys to Bandwear the perpetual right to use Client’s name and likeness and the name, artwork and likenesses associated with any of Client’s music or merchandise for the sale and marketing of the conveyed inventory until Client’s debit balance is paid in full. Client may not remove inventory from Bandwear’s possession if Client has a debit balance with Bandwear. If Client’s account becomes delinquent Bandwear reserves the right to cease all operations on behalf of Client until delinquent payment is resolved.
