Conclusion of Transactions Sample Clauses

Conclusion of Transactions applicability of Framework Agreement, account structure (1) Upon the entering into of a Client Clearing Transaction between the respective Clearing Member and the Bank pursuant to the Client Clearing Agreement - as a consequence of the entering into of a Contract in respect of the Counterparty into the execution system of a central counterparty - a Transaction with identical terms to the Client Clearing Transaction, albeit with a reverse position of the Bank, comes into existence between the Bank and the Counterparty. (2) The parties agree upon the applicability of the Framework Agreement to the Transactions mentioned in paragraph (1) pursuant to the following principles: a) the transfer of collateral occurs on the basis of the corresponding application of Section 2 and Section 3 of the Framework Agreement, although the Bank can request additional collateral; and b) the Bank is entitled, in the context of the Framework Agreement, to refer to calculations, valuations and (risk) reductions of the Clearing Member; this applies particularly if the Framework Agreement refers to a calculation or valuation of or by the central counterparty. (3) The Bank and the Counterparty can agree upon a specific segregation model as regards to Indirect Clearing. If the Counterparty does not notify its choice to the Bank within a set time limit, a net omnibus client segregation model is deemed to be agreed on. The Bank is entitled to request all legally required or necessary information from the Counterparty and, to the extent necessary or legally required, to pass on information, directly or indirectly, to the Clearing Member or the central counterparty. The Bank shall provide the Counterparty with sufficient information regarding the central counterparty and Clearing Members through which the execution of Contracts occurs.
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Conclusion of Transactions. 8.2.1 Following the receipt of a Fram Order, Fram Famers is authorised by the Member to conclude Transactions for the purchase of Goods or Services in the name of and on behalf of the Member, without further reference to the Member. 8.2.2 The Member reserves the right to submit Supplier Orders directly, at its discretion. 8.2.3 The Member acknowledges and understands that Fram Farmers is authorised to incur liabilities on behalf of the Member (in accordance with the Supplier Terms, only).
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Conclusion of Transactions applicability of Framework Agreement, account structure (1) Upon the entering into of a Client Clearing Transaction between the respective Clearing Member and the Bank pursuant to the Client Clearing Agreement - as a consequence of the entering into of a Contract in respect of the Contracting Party into the execution system of a central counterparty - a Transaction with identical terms to the Client Clearing Transaction, albeit with a reverse position of the Bank, comes into existence between the Bank and the Contracting Party. (2) The parties agree upon the applicability of the Framework Agreement to the Transactions mentioned in paragraph (1) pursuant to the following principles: a) the transfer of collateral occurs on the basis of the corresponding application of section 2 and section 3 of the Framework Agreement, although the Bank can request additional collateral; and b) the Bank is entitled, in the context of the Framework Agreement, to refer to calculations, valuations and (risk) reductions of the Clearing Member; this applies particularly if the Framework Agreement refers to a calculation or valuation of or by the central counterparty. (3) The Bank and the Contracting Party can agree upon a specific segregation model as regards to Indirect Clearing. If the Contracting Party does not notify its choice to the Bank within a set time limit, a net omnibus client segregation model is deemed to be agreed on. The Bank is entitled to request all legally required or necessary information from the Contracting Party and, to the extent necessary or legally required, to pass on information, directly or indirectly, to the Clearing Member or the central counterparty. The Bank shall provide the Contracting Party with sufficient information regarding the central counterparty and Clearing Members through which the execution of Contracts occurs.
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Conclusion of Transactions. 4.1. Transactions may be entered into by any means, and shall be effective at such time as the Parties have reached agreement. Each Party authorises the other to record any telephone conversations relating to the conclusion of their Transactions. 4.2. The conclusion of any Transaction shall be followed by an exchange of Confirmations by letter, telex, telefax or any system of electronic communication considered sufficiently reliable by the Parties. The absence of a Confirmation by one of the Parties shall not affect the validity of a Transaction. In the event of disagreement over the terms of a Confirmation, such disagreement shall be notified immediately to the other Party, and each Party may adduce its recorded telephone conversations as evidence of the terms of the relevant Transaction. 4.3. The Parties may, subject to the General Principles, adopt in relation to any Transaction, particular provisions amending the terms of this Agreement. Such provisions shall be set out in the Confirmation for the relevant Transaction, and shall prevail, but only in relation to such Transaction .
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Conclusion of Transactions. 4.1. Transactions may be entered into by any means and shall be effective as such time as the Parties have reached agreement. For this purpose, the Parties shall acknowledge and agree that any telephone conversations between them relating to the conclusion and the performance of their Transactions may be recorded. 4.2. The conclusion of each Transaction shall be followed up by an exchange of Confirmations by letter, telex, telefax or any electronic or digital transmission system that provides a sufficient level of security and reliability for the Parties. The absence of a Confirmation shall not affect the validity of a Transaction in any way. In the event of disagreement over the terms of a Confirmation, such disagreement shall be immediately notified to the other Party, and each Party may refer to its phone recordings as evidence of the terms of the relevant Transaction. 4.3. Subject to the General Principles, the Parties may adopt special provisions amending the terms of this Agreement for any Transaction. Such provisions shall be set out in the Confirmation for the relevant Transaction and shall prevail for the relevant Transaction only.
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Conclusion of Transactions. 4.1. Transactions may be entered into by any means and shall be effective at such time as the Parties have reached agreement. For this purpose, the Parties (i) consent to the recording of telephone conversations relating to the conclusion and the performance of their Transactions, (ii) agree to give any necessary notice of such recording to their relevant personnel and (iii) agree to the submission of such recordings as evidence in any proceedings opposing the Parties. 4.2. The conclusion of each Transaction shall be followed up by a Confirmation established by any means, including electronic means, that provide a sufficient level of security and reliability for the Parties, in any case in the form and within the deadlines imposed by any applicable regulations. The absence of a Confirmation shall not affect the validity of a Transaction in any way. In the event of disagreement over the terms of a Confirmation, such disagreement shall be immediately notified to the other Party, and each Party may refer to its phone recordings as evidence of the terms of the relevant Transaction. 4.3. The Parties may adopt special provisions amending the terms of this Master Agreement for any Transaction.
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Conclusion of Transactions. 5.1. The transactions provided for in Art. 2.1 shall be carried out by Client in terms of placing purchase or sale order for the corresponding financial instrument via the relevant Platform menu. Duly submitted order shall be considered only the accepted with confirmation by Varchev Finance on the relevant Platform. An order shall be deemed as accepted where it is executed. 5.2. Orders for conclusion of transactions provided for in Art. 2.1 shall be accepted where placed via telephone. In such case the order shall be entered by a Varchev Finance dealer ac- cording the Client request. In such case the dealer shall require that Client deliver the password provided for such instances, as well as to answer a number of questions (including by con-firming personal data known to Varchev Finance) in order to secure Client smooth and correct identification. 5.3. Every night shall be carried out daily optimization and restart of Platforms servers, usually between 2:00 am and 2:20 am, with operation average duration between 2 and 10 minutes. During the Platforms optimization, the connection to the server of the respective Platforms shall be suspended and orders for opening, closing or modification of positions shall not accepted. 5.4. The types of orders that Client shall be entitled to place depend of the type of traded instruments. The acceptable types of orders, margin requirements and other similar Client obligations for the corresponding type of instruments are listed in the instructions by Varchev Finance: Terms and Conditions of Trade, Tariff and Rules Applicable to Contracts for Trading on Global Financial Markets via Varchev Finance eTrade platforms (“Varchev Absolute Trader”, “Meta Trader 4” and “Meta Trader 5” (hereinafter referred to as “Trade Rules”). The Trade Rules, the Tariff and the Terms and Conditions shall apply to this Contract and their updated and current at any time versions shall constitute an integral part of the Contract. 5.5. Varchev Finance shall be entitled at any time to amend unilaterally the Trade Rules, the Terms and Conditions of Trade, and the Tariff, and shall notify Client thereof in accordance with Contract provisions. The Tariff amendments shall take effect from the next business day, and the Trade rules and Trade Terms and Conditions three business days following the amendment date. If the Client shall not agree with the amendment of Trade Rules, Tariff, and Terms and Conditions of Trade, Client shall be entitled to terminate ...
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Related to Conclusion of Transactions

  • Execution of Transactions (a) In executing transactions for the Assets, selecting brokers or dealers and negotiating any brokerage commission rates, the Sub-Adviser will use its best efforts to seek best execution. In assessing best execution available for any portfolio transaction, the Sub-Adviser will consider all factors it deems relevant including, but not limited to, the breadth of the market in the security, the price of the security, the financial condition and execution capability of the broker or dealer and the reasonableness of any commission for the specific transaction and for transactions executed through the broker or dealer in the aggregate. In selecting brokers or dealers to execute a particular transaction and in evaluating the best overall terms available, to the extent that the execution and price offered by more than one broker or dealer are comparable the Sub-Adviser may consider any brokerage and research services (as those terms are defined in Section 28(e) of the Securities Exchange Act of 1934) provided to the Sub-Adviser or to CSAM for use on behalf of the Fund or other clients of the Sub-Adviser or CSAM. (b) It is understood that the services of the Sub-Adviser are not exclusive, and nothing in this Agreement shall prevent the Sub-Adviser from providing similar services to other investment companies or from engaging in other activities, provided that those activities do not adversely affect the ability of the Sub-Adviser to perform its services under this Agreement. The Fund and CSAM further understand and acknowledge that the persons employed by the Sub-Adviser to assist in the performance of its duties under this Agreement will not devote their full time to that service. Nothing contained in this Agreement will be deemed to limit or restrict the right of the Sub-Adviser or any affiliate of the Sub-Adviser to engage in and devote time and attention to other businesses or to render services of whatever kind or nature, provided that doing so does not adversely affect the ability of the Sub-Adviser to perform its services under this Agreement. (c) On occasions when the Sub-Adviser deems the purchase or sale of a security to be in the best interest of the Fund as well as of other investment advisory clients of the Sub-Adviser, the Sub-Adviser may, to the extent permitted by applicable laws and regulations, but shall not be obligated to, aggregate the securities to be so sold or purchased with those of its other clients. In such event, allocation of the securities so purchased or sold, as well as the expenses incurred in the transaction, will be made by the Sub-Adviser in a manner that is fair and equitable, in the judgment of the Sub-Adviser, in the exercise of its fiduciary obligations to the Fund and to such other clients. The Fund recognizes that the effect of the aggregation may operate on some occasions to the Fund's advantage or disadvantage. The Sub-Adviser shall provide to CSAM and the Fund all information reasonably requested by CSAM and the Fund relating to the decisions made by the Sub-Adviser regarding allocation of securities purchased or sold, as well as the expenses incurred in a transaction, among the Fund and the Sub-Adviser's other investment advisory clients. (d) In connection with the purchase and sale of securities for the Fund, the Sub-Adviser will provide such information as may be reasonably necessary to enable the custodian and co-administrators to perform their administrative and recordkeeping responsibilities with respect to the Fund.

  • Limitation of Transactions So long as any Capital Securities remain outstanding, if (a) there shall have occurred and be continuing an Event of Default or a Declaration Event of Default or (b) the Guarantor shall have selected an Extension Period as provided in the Declaration and such period, or any extension thereof, shall have commenced and be continuing, then the Guarantor shall not and shall not permit any Affiliate to (x) declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Guarantor’s or such Affiliate’s capital stock (other than payments of dividends or distributions to the Guarantor) or make any guarantee payments with respect to the foregoing or (y) make any payment of principal of or interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Guarantor or any Affiliate that rank pari passu in all respects with or junior in interest to the Debentures (other than, with respect to clauses (x) and (y) above, (i) repurchases, redemptions or other acquisitions of shares of capital stock of the Guarantor in connection with any employment contract, benefit plan or other similar arrangement with or for the benefit of one or more employees, officers, directors or consultants, in connection with a dividend reinvestment or stockholder stock purchase plan or in connection with the issuance of capital stock of the Guarantor (or securities convertible into or exercisable for such capital stock) as consideration in an acquisition transaction entered into prior to the occurrence of the Event of Default, Declaration Event of Default or Extension Period, as applicable, (ii) as a result of any exchange or conversion of any class or series of the Guarantor’s capital stock (or any capital stock of a subsidiary of the Guarantor) for any class or series of the Guarantor’s capital stock or of any class or series of the Guarantor’s indebtedness for any class or series of the Guarantor’s capital stock, (iii) the purchase of fractional interests in shares of the Guarantor’s capital stock pursuant to the conversion or exchange provisions of such capital stock or the security being converted or exchanged, (iv) any declaration of a dividend in connection with any stockholders’ rights plan, or the issuance of rights, stock or other property under any stockholders’ rights plan, or the redemption or repurchase of rights pursuant thereto, (v) any dividend in the form of stock, warrants, options or other rights where the dividend stock or the stock issuable upon exercise of such warrants, options or other rights is the same stock as that on which the dividend is being paid or ranks pari passu with or junior to such stock and any cash payments in lieu of fractional shares issued in connection therewith, or (vi) payments under this Guarantee).

  • Description of Transaction 1.1 Merger of Merger Sub into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

  • As Of Transactions For purposes of this Article M, the term “

  • Effectuation of Transactions Each of the representations and warranties contained in this Agreement (and all corresponding definitions) is made after giving effect to the Transactions, unless the context otherwise requires.

  • Authorization of Transactions The Company is a corporation duly authorized and in good standing in the State of Florida and has the requisite power and capacity to execute and deliver the Transaction Documents to which it is a party and to perform its obligations hereunder and thereunder. The execution, delivery and performance by the Company of the applicable Transaction Documents and the consummation of the Transactions have been duly and validly authorized by all requisite action on the part of the Company. The Transaction Documents to which the Company is a party have been duly and validly executed and delivered by The Company. Each Transaction Document to which the Company is a party constitutes the valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms and conditions, except to the extent enforcement thereof may be limited by applicable bankruptcy, insolvency or other Laws affecting the enforcement of creditors’ rights or by the principles governing the availability of equitable remedies.

  • Authorization of Transaction The Buyer has full power and authority (including full corporate power and authority) to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes the valid and legally binding obligation of the Buyer, enforceable in accordance with its terms and conditions.

  • Settlement of Transactions 1. The Company shall proceed to a settlement of all transactions upon execution of such transactions. 2. An online statement of Account will be available for printing to the Client on the Trading Platform of the Company, at all times.

  • Consummation of Transactions Each party shall use all ---------------------------- commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or advisable and consistent with applicable Law to carry out all of its respective obligations under this Agreement and to consummate the Transactions, which efforts shall include, without limitation, the following: (1) The parties shall use all commercially reasonable efforts to cause the Closing to occur and the Transactions to be consummated in accordance with the terms hereof, and, without limiting the generality of the foregoing, to obtain all necessary Consents including, without limitation, the approval of this Agreement and the Transactions by all Governmental Authorities and agencies, including the FCC, applicable to the execution, delivery and performance of this Agreement or the consummation of the Transactions, and to make all filings with and to give all notices to third parties which may be necessary or reasonably required in order for the parties to consummate the Transactions. (2) Each party shall furnish to the other parties all information concerning such party and its Affiliates reasonably required for inclusion in any application or filing to be made by the Company or any other party in connection with the Transactions or otherwise to determine compliance with applicable FCC Law. (3) Upon the request of any other party, each party shall forthwith execute and deliver, or cause to be executed and delivered, such further instruments of assignment, transfer, conveyance, endorsement, direction or authorization and other documents as may reasonably be requested by such party in order to effectuate the purposes of this Agreement. Nothing in this Agreement shall be construed to require the parties to consummate the Closing if any regulatory approval would require that it (i) divest or hold separate any of its assets existing as of the date hereof other than as contemplated by this Agreement or (ii) otherwise take or commit to take any action that limits its freedom of action in any material respect with respect to any of its businesses, product lines or assets.

  • Consummation of Transaction Each of the parties hereto hereby agrees to use its best efforts to cause all conditions precedent to his or its obligations (and to the obligations of the other parties hereto to consummate the transactions contemplated hereby) to be satisfied, including, but not limited to, using all reasonable efforts to obtain all required (if so required by this Agreement) consents, waivers, amendments, modifications, approvals, authorizations, novations and licenses; provided, however, that nothing herein contained shall be deemed to modify any of the absolute obligations imposed upon any of the parties hereto under this Agreement or any agreement executed and delivered pursuant hereto.

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