Common use of Closing Out Clause in Contracts

Closing Out. 11.1 Subject in particular to Clauses 3 to 8 and 33.3, Market Requirements and any further requirements we notify you of, you may at any time before the date for performance of a Client Contract request us to close out the matching Contract or, if a purchased option Contract, exercise that Contract in accordance with its terms. If the closing out or exercise results in a sum of money being due to us, the relevant Exchange, Clearing House and/or Broker, we shall notify you of that amount, which will be payable by you immediately. 11.2 Unless we in our absolute discretion determine otherwise or we accept instructions from you to do otherwise, equal and opposite Contracts and Client Contracts (closing out being determined on a "first in, first out" basis) will automatically fix the amount of profit or loss in relation thereto.

Appears in 13 contracts

Samples: Escrow Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Customer Agreement (Morgan Stanley Spectrum Strategic Lp), Escrow Agreement (Morgan Stanley Dean Witter Charter Grahm Lp)

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Closing Out. 11.1 Subject in particular to Clauses 3 to 8 and 33.3, Market Requirements and any further requirements we notify you of, you may at any time before the date for performance of a Client Contract request us to close out the matching Contract or, if a purchased option Contract, exercise that Contract in accordance with its terms. If if the closing out or exercise results in a sum of money being due to us, the relevant Exchange, Clearing House and/or Broker, we shall notify you of that amount, which will be payable by you immediately. 11.2 Unless we in our absolute discretion determine otherwise or we accept instructions from you to do otherwise, equal and opposite Contracts and Client Contracts (closing out being determined on a "β€œfirst in, first out" ” basis) will automatically fix the amount of profit or loss in relation thereto.

Appears in 1 contract

Samples: Customer Agreement

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