Common use of CLOSING A TRANSACTION Clause in Contracts

CLOSING A TRANSACTION. 16.1 In relation to trading on the MT4 platform and/or MT5 platform or others as the case may be, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell if the first Transaction was a Buy and you must Buy if the first Transaction was a Sell. 16.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicable. 16.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 If you approach us to close out a Transaction which has been entered into between us, we are under no obligation to do so. Where we agree to do this, we will calculate the close out value of the Transaction based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction and may be substantial. 16.5 We may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 if it is a 'Sell' Transaction, and due to illiquidity in the relevant Reference Asset, we are unable tocborrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof the Transaction; or 16.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 In the event of any dispute regarding any Transaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or relating to such Transaction.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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CLOSING A TRANSACTION. 16.1 12.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 12.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 12.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 12.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 12.5 In addition to our rights at clause 15 of the Terms and our rights pursuant to clause 6.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 12.5.1 if it is a 'Sell' ‹sell› Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 12.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 12.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 12.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 12.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 12.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 12.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 12.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 12.8 In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such transaction. Undated Transactions 12.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 12.10 Subject to these Terms; 12.10.1. When you close an undated buy transaction, the closing level will be the lower figure then quoted by us. 12.10.2. When you close an undated sell transaction, the closing level will be the higher figure then quoted by us. Expiry Transactions 12.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus, or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available on request. 12.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 12.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do affect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLOSING A TRANSACTION. 16.1 12.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 12.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 12.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 12.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 12.5 In addition to our rights at clause 15 of the Terms and our rights pursuant to clause 6.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 12.5.1 if it is a 'Sellsell' Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 12.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 12.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 12.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 12.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 12.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 12.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 In the event of any dispute regarding any Transaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or relating to such Transaction.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLOSING A TRANSACTION. 16.1 ‌ 10.1 In relation to trading on the MT4 platform and/or MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell if the first Transaction was a Buy and you must Buy if the first Transaction was a Sell. 16.2 10.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 10.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation Quotation is not guaranteed to be within any specific percentage of the quotation Quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 10.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 10.5 In addition to our rights at clause 13 of the Terms and our rights pursuant to clause 4.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 10.5.1 if it is a 'Sell' Sell Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 10.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 10.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 10.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 10.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 10.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided belowherein; and 16.6.3 10.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 10.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off setoff or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 10.8 In the event of any dispute regarding any Transaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such Transaction. 10.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 10.10 Subject to these Terms, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, the lower figure then quoted by us; and if you are closing an Undated Sell Transaction, the higher figure then quoted by us. 10.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; add or, as the case may be, less (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available on request. 10.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 10.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLOSING A TRANSACTION. 16.1 12.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 12.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 12.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 12.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 12.5 In addition to our rights at clause 15 of the Terms and our rights pursuant to clause 6.4 , we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 12.5.1 if it is a 'Sellsell' Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 12.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 12.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 12.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 12.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 12.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 12.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 12.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 12.8 In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such transaction. 12.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 12.10 Subject to these Terms, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, the lower figure then quoted by us and, if you are closing an Undated Sell Transaction, the higher figure then quoted by us. 12.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available on request. 12.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 12.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

CLOSING A TRANSACTION. 16.1 ‌ 13.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy buy and you must Buy buy if the first Transaction was a Sellsell. 16.2 13.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 13.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; circumstances – they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 13.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 13.5 In addition to our rights pursuant to clause 5.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 13.5.1 if it is a 'Sell' ‘sell’ Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 13.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 13.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 In the event of any dispute regarding any Transaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or relating to such Transaction.

Appears in 1 contract

Samples: Online Client Agreement

CLOSING A TRANSACTION. 16.1 13.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy buy and you must Buy buy if the first Transaction was a Sellsell. 16.2 13.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 13.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; circumstances – they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 13.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 13.5 In addition to our rights pursuant to clause 5.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 13.5.1 if it is a 'Sell' ‘sell’ Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 13.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 13.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts13.5.4 an account is unfunded. 16.6 13.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Termsthis Agreement: 16.6.1 13.6.1 except as may be otherwise specified in these Termsthis Agreement, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 13.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 13.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 13.7 Any and all obligations arising or existing between us as a result of the close-out closeout of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party you or us will be immediately due and payable. 16.6.4 13.8 In the event of any dispute regarding any Transaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such Transaction. Undated Transactions 13.9 Subject to this Agreement and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 13.10 Subject to this Agreement, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, a lower figure than that quoted by us and, if you are closing an Undated Sell Transaction, the higher figure then quoted by us. Expiry Transactions 13.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be: (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available on request. 13.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 13.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of their set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 1 contract

Samples: Online Client Agreement

CLOSING A TRANSACTION. 16.1 ‌ 12.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 12.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 12.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 12.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 12.5 In addition to our rights at clause 15 of the Terms and our rights pursuant to clause 6.4, we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 12.5.1 if it is a 'Sellsell' Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 12.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 12.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 12.5.4 in respect of unfunded accounts. 16.6 12.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 12.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 12.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 12.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 12.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 12.8 In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such transaction. 12.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 12.10 Subject to these Terms, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, the lower figure then quoted by us and, if you are closing an Undated Sell Transaction, the higher figure then quoted by us. 12.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available on request. 12.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 12.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 1 contract

Samples: Client Agreement

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CLOSING A TRANSACTION. 16.1 10.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 10.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicable.platform. Forex River Ltd. / Client agreement 16.3 10.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes.significantly 16.4 10.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 10.5 In addition to our rights at clause 13 of the Terms and our rights pursuant to clause 4.4 , we may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 10.5.1 if it is a 'Sellsell' Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 10.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 10.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 10.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 10.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 10.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 10.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 10.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off setoff or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable.Forex River Ltd. / Client agreement 16.6.4 10.8 In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such transaction. Undated Transactions 10.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 10.10 Subject to these Terms, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, the lower figure then quoted by us and, if you are closing an Undated Sell Transaction, the higher figure then quoted by us. Expiry Transactions 10.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available onrequest. 10.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 10.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normal terms.

Appears in 1 contract

Samples: Client Agreement

CLOSING A TRANSACTION. 16.1 In relation to trading on the MT4 platform and/or MT5 platform or others as the case may be, to i. To close any Transaction transaction in whole or in part part, you must enter into a second Transaction transaction in relation to the same Reference Asset as the first Transaction but you must Sell if transaction. The closing transaction should be a contra transaction to the first Transaction was a Buy and you must Buy if original transaction entered additionally, the first Transaction was a Sell. 16.2 In addition, when trading on the MT5 platform, we Company will net your first and second Transactiontransaction, and the aggregate position shall be displayed on in your trading platform where applicableAccount. 16.3 ii. Spreads, including market Spreads, Spreads are market driven and there could be events / scenarios / situations where these spreads can and do widen significantly in some circumstances; they or narrow significantly. During such instances the spreads may not be the same size as anticipated and there is no limit on how large wide or narrow they may be. You acknowledge that when you close a Transactiontransaction, the Spread may be larger wider or smaller narrower than the Spread when the Transaction transaction was opened, thus being at disadvantage to you. For Transactions transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote are quoted will reflect what we believe is believed to be the market price in an investment would be at that time. Such figures quotes will be set by us at our the Company’s reasonable discretion. Our quotation Quotation is not guaranteed to be within any specific percentage of the quotation Quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 iii. If you approach us to close out a Transaction trade which has been entered into between us, there may arise instances where we are might not close the transactions, additionally the Company is under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 if it is a 'Sell' Transaction, and due to illiquidity in the relevant Reference Asset, we are unable tocborrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof the Transaction; or 16.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payableiv. Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 v. In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse reverse, or close out the whole or part of any position resulting from or and/or relating to such Transactiontransaction.

Appears in 1 contract

Samples: Client Agreement

CLOSING A TRANSACTION. 16.1 10.1 In relation to trading on the MT4 platform and/or and MT5 platform or others as the case may beplatform, to close any Transaction in whole or in part you must enter into a second Transaction in relation to the same Reference Asset as the first Transaction but you must Sell sell if the first Transaction was a Buy purchase and you must Buy purchase if the first Transaction was a Sellsell. 16.2 10.2 In addition, when trading on the MT5 platform, we will net your first and second Transaction, and the aggregate position shall be displayed on your trading platform where applicableplatform. 16.3 10.3 Spreads, including market Spreads, can and do widen significantly in some circumstances; they may not be the same size and there is no limit on how large they may be. You acknowledge that when you close a Transaction, the Spread may be larger or smaller than the Spread when the Transaction was opened. For Transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote will reflect what we believe the market price in an investment would be at that time. Such figures will be set by us at our reasonable discretion. Our quotation is not guaranteed to be within any specific percentage of the quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 10.4 If you approach us to close out a Transaction trade which has been entered into between us, we are under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We 10.5 In addition to our rights at clause 13 of the Terms and our rights pursuant to clause 4.4 , we may close any Transaction in our sole discretion at any time without notice in the event thateventthat: 16.5.1 10.5.1 if it is a 'Sellsell' Transaction, and due to illiquidity in the relevant Reference Asset, Asset we are unable tocborrow to borrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof respect of the Transaction; or 16.5.2 10.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 10.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 10.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 10.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 10.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 10.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payable. . 10.7 Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off setoff or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 10.8 In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such transaction. Undated Transactions 10.9 Subject to these Terms and any requirement we may specify in relation to any Linked Transactions, you may close an open Undated Transaction or any part of such open Undated Transaction at any time. 10.10 Subject to these Terms, when you close an Undated Transaction, the Closing Level will be, if you are closing an Undated Buy Transaction, the lower figure then quoted by us and, if you are closing an Undated Sell Transaction, the higher figure then quoted by us. Expiry Transactions 10.11 Unless otherwise informed, if you do not close an Expiry Transaction on or before the Last Dealing Time then we will close your Expiry Transaction as soon as we have ascertained the price of the Expiry Transaction. The price of the Expiry Transaction will be (a) the last traded price at or prior to the close or the applicable official closing quotation or value in the relevant Reference Asset as reported by the relevant exchange, errors and omissions excluded; plus or, as the case may be, minus (b) any Spread that we apply when such an Expiry Transaction is closed. Details of the Spread that we apply when a particular Expiry Transaction is closed are available onrequest. 10.12 It is your responsibility to make yourself aware of the Last Dealing Time and of any Spread that we may apply when you close an Expiry Transaction. 10.13 We do not automatically roll over to the next contract period those of your Transaction(s) which at the end of its set contract period will expire automatically. You acknowledge that it is your responsibility to make yourself aware of the next applicable contract period for a Transaction and that effecting the rollover of a Transaction may result in you incurring losses on your account. Any agreement as to roll over is entirely at our discretion and we reserve the right to refuse to rollover a Transaction or Transactions, despite any instruction you have given us. Where we do effect a rollover, the original Transaction will be closed at or just prior to the Last Dealing Time and become due for settlement and a new Transaction will be created; such closing and opening trades will be on our normalterms.

Appears in 1 contract

Samples: Client Agreement

CLOSING A TRANSACTION. 16.1 In relation to trading on the MT4 platform and/or MT5 platform or others as the case may be, to i. To close any Transaction transaction in whole or in part part, you must enter into a second Transaction transaction in relation to the same Reference Asset as the first Transaction but you must Sell if transaction. The closing transaction should be a contra transaction to the first Transaction was a Buy and you must Buy if original transaction entered additionally, the first Transaction was a Sell. 16.2 In addition, when trading on the MT5 platform, we Company will net your first and second Transactiontransaction, and the aggregate position shall be displayed on in your trading platform where applicableAccount. 16.3 ii. Spreads, including market Spreads, Spreads are market driven and there could be events / scenarios / situations where these spreads can and do widen significantly in some circumstances; they or narrow significantly. During such instances the spreads may not be the same size as anticipated and there is no limit on how large wide or narrow they may be. You acknowledge that when you close a Transactiontransaction, the Spread may be larger wider or smaller narrower than the Spread when the Transaction transaction was opened, thus being at disadvantage to you. For Transactions transactions effected when the Market or Underlying Market of any Reference Asset is closed or in respect of which there is no Market or Underlying Market for the Reference Asset, the bid and offer price figures that we quote are quoted will reflect what we believe is believed to be the market price in an investment would be at that time. Such figures quotes will be set by us at our the Company’s reasonable discretion. Our quotation Quotation is not guaranteed to be within any specific percentage of the quotation Quotation of the Market or Underlying Market of the Reference Asset, and the Spread quoted by us will reflect our view of prevailing market conditions. You agree not to use our bid and offer prices for any purpose other than for your own trading purpose, and you agree not to distribute our bid and offer prices to any other person whether such redistribution be for commercial or other purposes. 16.4 iii. If you approach us to close out a Transaction trade which has been entered into between us, there may arise instances where we are might not close the transactions, additionally the Company is under no obligation to do sothis. Where we agree to do this, we will calculate the close out value of the Transaction trade based on prevailing market conditions and may include associated costs arising from the close out in this figure. The close out value may be due from you to us or from us to you depending on the Transaction trade and may be substantial. 16.5 We may close any Transaction in our sole discretion at any time without notice in the event that: 16.5.1 if it is a 'Sell' Transaction, and due to illiquidity in the relevant Reference Asset, we are unable tocborrow a sufficient number of such Reference Asset to settle any underlying hedge position in respectcof the Transaction; or 16.5.2 if we are required, at any time, by a lender to return any Reference Asset borrowed by us which relates to a Transaction and we are then unable to maintain a hedge position in respect of that Transaction; or 16.5.3 if at any time we are otherwise unable to establish or maintain a hedge position or any other hedging disruption occurs in respect of a Transaction or the continuation of any such hedge or hedging disruption is likely, in our reasonable judgment, to become more burdensome to us; or 16.5.4 in respect of unfunded accounts. 16.6 With respect to any Transaction that is closed out by us pursuant to or as contemplated by the terms of these Terms: 16.6.1 except as may be otherwise specified in these Terms, the Closing Date will be the date designated by us to you and at a closing price as determined by us; 16.6.2 no further payments or deliveries are required to be made on or after the Closing Date, except for settlement payments as provided below; and 16.6.3 any and all amounts payable by either party in settlement of such Transaction are immediately due and payableiv. Any and all obligations arising or existing between us as a result of the close-out of one or more Transactions will be satisfied by the net settlement (whether by payment, set-off or otherwise) of all amounts due and payable between us, and the net amount determined to be payable by either party will be immediately due and payable. 16.6.4 v. In the event of any dispute regarding any Transactiontransaction, we may in our absolute discretion cancel, terminate, reverse or close out the whole or part of any position resulting from or and/or relating to such Transactiontransaction.

Appears in 1 contract

Samples: Client Agreement

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