Corporate Events. 10.1 A "Corporate Event" is something which will result in a change to one or more financial instruments. Examples of Corporate Events include, but are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation. 10.2 If a Corporate Event impacts a security in your FXORO account, we will use reasonable endeavours to adjust the securities in your account in a way that is fair and which aligns with market practice, depending on the circumstances of each event and according to our sole discretion, although we are not obliged to do this. Adjustments may include changing the price or quantity of securities in your account, to reflect the economic equivalent of such rights. 10.3 Notwithstanding paragraph 10.2, we reserve the right to close out any open positions impacted by a Corporate Event (including delistings and insolvency) in a fair way and taking into account the treatment we may receive from our counterparty and/or any relevant third party. In this respect we may make any required adjustment (price, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out open positions prior to or following such Corporate Events, at our sole discretion. 10.4 Actions taken by us to adjust the securities in your account after a Corporate Event may create tax liabilities for you. We may deduct tax when making adjustments, however it will be your responsibility to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securities. 10.5 If you are holding securities, such as shares, which grant you the right to receive a dividend or interest payment from a company, provided that you have held such shares prior to and on the relevant ex-dividend date, we will pay this money into your FXORO account on receipt by us. We may deduct from this payment any applicable tax however it will be your responsibility to satisfy these liabilities if we did not make such deduction. 10.6 If the underlying market on which your security is traded is suspended, you will not be able to place any sell orders on those securities, and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences trading. We cannot guarantee that your order will be executed immediately when the market recommences trading, and we may be required to wait until there is enough demand to buy your security.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Corporate Events. 10.1 A "Corporate Event" (a) Account adjustment for dividends Subject to paragraph (b) of this clause, an adjustment to the Account will be made with reference to any dividend or distribution attributable to any relevant Security on which a Share CFD or an Index CFD is something which based and will result in a change to one or more financial instruments. Examples of Corporate Events include, but be made and calculated as follows:
(i) where you are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation.
10.2 If a Corporate Event impacts a security in your FXORO accountthe Long Party, we will use reasonable endeavours adjust the Account in your favor by an amount equal to the Net Cash Dividend per Security multiplied by the Contract Quantity;
(ii) where you are the Short Party, we may adjust the Account in our favor by an amount equal to, the aggregate of the Cash Dividend per Security and any attached Franking Credit, multiplied by the Contract Quantity. This adjustment will apply to any such Share CFD or Index CFD which is open at Close of Business on the Business Day before the Ex-Dividend Date and will be made by us by Close of Business on the day following the Ex-Dividend Date.
(b) If we determine in our sole discretion that there has been any change in, or any change in the interpretation or application by any court, governmental or other competent authority of, any applicable law or regulation which has the effect of reducing or increasing the amount of the ordinary dividend or distribution per Security that would be actually paid to a holder of that Security, we may vary the Net Cash Dividend adjustment made under paragraph (a) in this clause with immediate effect by notice in writing to you.
(c) For the avoidance of doubt, paragraphs (a) and (b) above will apply with respect to any constituent Security or Index, but subject to:
(i) where you are the Short Party, any calculation of the adjustment will be in accordance with paragraph (a)(ii) but ignoring any Franking Credit attached to the relevant dividend or distribution; and
(ii) any such adjustment being scaled back in proportion to the respective weighting of the affected Security within the Basket or Index as we reasonably consider appropriate.
(d) Suspension and market disruption If, at any time:
(i) Trading in any relevant Security on any exchange is limited or suspended; or
(ii) Trading is limited or suspended on any exchange to restrict trading within any relevant Index such that we are prevented from determining the Contract Price of a Security or Index, then the Contract Price of such Security or Index will be the Contract Price immediately preceding such limitation or suspension.
(e) In relation to a Share CFD, Index CFD or Index Futures CFD we may close the Contract and determine a Closing Date and the Contract Value under clause 13 of this Agreement. We always reserve the right during the term of any such limitation or suspension to adjust the securities Contract Price of any affected Contract at our reasonable discretion but having regard to the then prevailing market conditions affecting trading or trading in your account the Security or Index.
(f) If, in relation to any Security or Index on which a way Margin FX Contract or CFD is based, the price of any relevant Security or the Index becomes exceptionally volatile as reasonably determined by us, we may by notice inform you of an amendment to the Margin Percentage with respect to the Contract. Such amendment will also apply to any relevant Contract entered with you after such occurrence.
(g) If:
(i) we are unable to hold, purchase or borrow any relevant Securities or our ability to hold, purchase or borrow such Securities becomes in our reasonable opinion at any time materially impaired or restricted for whatever reason; or
(ii) we reasonably believe that is fair and which aligns with market practicewe can no longer perform our obligations under the Share CFD, depending Index CFD or Index Futures CFD on the circumstances same economic basis as that Underlying Instrument the terms of each event the Contract when the Contract was originally entered, then we will give notice to you of that fact and according to our sole discretionwill, at your request, provide you with reasonable evidence of such circumstances, although our determination will be conclusive.
(h) At any time following our giving of notice to you under paragraph (g) in this clause, we are not obliged may close the Share CFD, Index CFD or Index Futures CFD, and clause 12 of this Agreement will apply.
(i) We reserve the right to do this. Adjustments may include changing pass on to you any stock borrowing costs incurred by us during exceptional market conditions, as reasonably determined by us and notified in advance to you.
(j) If any Security becomes subject to adjustment as the price or quantity result of securities any event set out in your accountparagraph (k) of this clause, we will determine the appropriate adjustment, if any, to reflect be made to the Contract Price and/or the relevant Contract Quantity as we will reasonably consider appropriate to account for the diluting or concentrative effect of the adjustment or otherwise necessary to preserve the economic equivalent of the rights and obligations of the parties under the relevant Share CFD, Index CFD or Index Futures CFD immediately prior to such rightsevent. Such adjustment will be effective from the date determined by us.
10.3 Notwithstanding (k) The events to which paragraph 10.2(j) in this clause refers to are the declaration by the issuer of the Security of the terms of any of the following:
(i) subdivision, we reserve consolidation or reclassification of the Security, or a free distribution of shares or units, as the case requires, to existing holders by way of bonus, capitalization or similar issue;
(ii) distribution to existing holders of the Security, other shares, units or securities granting the right to close out any open positions impacted by a Corporate Event (including delistings and insolvency) in a fair way and taking into account payment of dividends, distributions and/or proceeds of liquidation of the treatment we may receive from our counterparty and/or any relevant third party. In this respect we may make any required adjustment (priceissuer equally or proportionately with such payments to holders of the Security, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out open positions prior to or following such Corporate Events, at our sole discretion.
10.4 Actions taken by us to adjust the securities in your account after a Corporate Event may create tax liabilities for you. We may deduct tax when making adjustments, however it will be your responsibility to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securities.
10.5 If you are holding securities, such as shares, which grant you rights or warrants granting the right to a distribution of shares, units or securities or to purchase, subscribe, or receive shares, units or securities, in any case for payment (in cash or otherwise) at less than the prevailing market price per share, unit or security as determined buys;
(iii) any event in respect of the shares analogous to paragraph (k)(i) or (ii) above or otherwise having a dividend diluting or interest payment from concentrative effect on the market value of the Security.
(l) If at any time a takeover bid is made, or a scheme of arrangement is proposed, in respect of a Security, then, subject always to your right to close the position, at any time prior to the closing date of such offer in the case of a CFD on a single Security, we may give notice to you of our intention to close any relevant CFD, in which case the provisions of such notice and clause 12 of this Agreement will apply.
(m) If a company, provided that you have held such shares prior to and whose Security forms the basis of a CFD on the relevant ex-dividend datea single Security, goes into insolvency or is otherwise dissolved, we will pay this money into your FXORO account on receipt by us. We may deduct from this payment any applicable tax however it close such CFD and the date of such insolvency or dissolution will be your responsibility to satisfy these liabilities if we did not make the Closing Date. The Contract Value of such deductionCFD will be determined by us in good faith.
10.6 If (n) Any adjustment or amendment of the underlying market Contract Price and the Contract Quantity made by us under this paragraph clause, subject to paragraph (a), be entered on which your security is traded is suspended, you will not be able to place any sell orders the Account with effect immediately after Close of Business on those securities, such Business Day and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences trading. We cannot guarantee that your order will be executed immediately when conclusive and binding on you except in the market recommences trading, case of manifest error.
(o) No adjustments will be made in relation to any CFD in respect of any events occurring after the closing of such CFD.
(p) Reference to any "takeover bid" in this clause 7 will have the meaning set out in such code or regulations as are applicable to takeovers and we may be required mergers (as amended from time to wait until there is enough demand to buy your securitytime).
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Corporate Events. 10.1 A "Corporate Event" is something which will result in a change to one or more financial instruments. Examples of Corporate Events include, but are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation.
10.2 If a Corporate Event impacts a security in your FXORO Global Exchange fx account, we will use reasonable endeavours to adjust the securities in your account in a way that is fair and which aligns with market practice, depending on the circumstances of each event and according to our sole discretion, although we are not obliged to do this. Adjustments may include changing the price or quantity of securities in your account, to reflect the economic equivalent of such rights.
10.3 Notwithstanding paragraph clause 10.2, we reserve the right to close out any open positions impacted by a Corporate Event (including Event(including delistings and insolvency) in a fair way and taking into account the treatment we may receive from our counterparty and/or any relevant third party. In this respect we may make any required adjustment (price, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out open positions prior to or following such Corporate Events, at our sole discretion.
10.4 Actions taken by us to adjust the securities in your account after a Corporate Event may create tax liabilities for you. We may deduct tax when making adjustments, however it will be your responsibility to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securities.
10.5 If you are holding securities, such as shares, which grant you the right to receive a dividend or interest payment from a company, provided that you have held such shares prior to and on the relevant ex-ex- dividend date, we will pay this money into your FXORO Global Exchange fx account on receipt by us. We may deduct from this payment any applicable tax however it will be your responsibility to satisfy these liabilities if we did not make such deduction.
10.6 If the underlying market on which your security is traded is suspended, you will not be able to place any sell orders on those securities, and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences trading. We cannot guarantee that your order will be executed immediately when the market recommences trading, and we may be required to wait until there is enough demand to buy your security.
Appears in 1 contract
Samples: Client Terms and Conditions
Corporate Events. 10.1 11.1 A "Corporate Event" is something which will result in a change to one or more financial instruments. Examples of Corporate Events include, but are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation.
10.2 11.2 If a Corporate Event impacts the underlying product of a security CFD in your FXORO Global Exchange fx account, we will use reasonable endeavours to adjust the securities in your account open positions on that CFD, in a fair way that is fair and which aligns in accordance with market practice, depending and/or taking into account the treatment we may receive from our counterparties or any relevant third party and the deduction of any taxes applicable. The adjustments we carry out will depend on the circumstances of each event event, and is according to our sole discretion, although however we are not obliged to do this. Adjustments may include changing the price or the quantity of securities CFDs that you have in your account, account to reflect the economic equivalent of such rightsrights that you had prior to the Corporate Event occurring.
10.3 11.3 Notwithstanding paragraph 10.2clause 11.2 above, we reserve the right to close out any open CFD positions where the underlying product is impacted by a Corporate Event (including delistings and insolvency) in a fair way and taking into account the treatment we may receive from our counterparty counterparties and/or any relevant third party. In this respect we may make any required adjustment (price, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out your open positions prior to or following such Corporate Events, at our sole discretion.
10.4 Actions taken by us 11.4 Please refer to adjust Part 3 of the Terms and Conditions for more information about our rights and your rights in special circumstances. This Schedule B sets out the specific terms that will apply to you when you invest in securities on the Global Exchange fx platform. The terms in this Schedule B apply to you in addition to the General Terms and Conditions, which apply to all of our services and not just securities trading. Capitalised words in this Schedule B will have the same meaning which are given to those word in the General Terms and Conditions. If a term of this Schedule B conflicts with or differs from a term in the General Terms and Conditions, this Schedule B will apply.
1. Our securities trading service
1.1 You can buy and sell shares and units in exchanged traded funds ("ETFs") on our platform, as well as other securities that we may offer from time to time.
1.2 We may act as principal or on a matched principal basis when providing you with the securities trading services. This means we will be the counterparty to your trades.
1.3 This Schedule only applies to buy transactions made without leverage, including trades made in your account after accordance with our copy trading service (both CopyTrader and CopyPortfolio transactions) which are indicated as such on the trading platform. Therefore, our security trading services are differentiated depending on type of position you enter into, which country you reside in, and the market where the security is traded. As a Corporate Event result, some particular types of trade involving securities may create tax liabilities for younot be carried out through our securities trading service and will instead be carried out as CFD trades. We may deduct tax when making adjustments, however it have included a full list of these trades and what alternative service will be your responsibility used at Appendix 1 to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securitiesthis Schedule B. Your account statement will include an indication of the type of transaction.
10.5 If 1.4 Where you are holding securitiesbuy and sell non-complex products, such as for example, shares, which grant we are not required to assess the appropriateness of the product or service that we provide to you the right to receive a dividend or interest payment from a company, provided that you have held and in such shares prior to and on the relevant ex-dividend date, we will pay this money into your FXORO account on receipt by us. We may deduct from this payment any applicable tax however it will be your responsibility to satisfy these liabilities if we did not make such deduction.
10.6 If the underlying market on which your security is traded is suspendedcase, you will not be able to place any sell orders benefit from the protection of the CySEC rules on those securities, and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences tradingassessing appropriateness.
1.5 Securities such as shares are held in custody. Please see paragraph 9 - "Custody" below for more information.
1.6 We cannot guarantee that your order will be executed immediately when the market recommences trading, and we may be required to wait until there is enough demand give your details (including your email address) and details of your shareholding to buy the company registrars. By trading securities on our platform, you consent to us providing your securityidentifying information to any requesting service provider of the company.
Appears in 1 contract
Samples: Client Terms and Conditions
Corporate Events. 10.1 A "Corporate Event" (a) Account adjustment for dividends Subject to paragraph (b) of this clause, an adjustment to the Account will be made with reference to any dividend or distribution attributable to any relevant Security on which a Share CFD or an Index CFD is something which based and will result in a change to one or more financial instruments. Examples of Corporate Events include, but be made and calculated as follows:
(i) where you are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation.
10.2 If a Corporate Event impacts a security in your FXORO accountthe Long Party, we will use reasonable endeavours adjust the Account in your favor by an amount equal to the Net Cash Dividend per Security multiplied by the Contract Quantity;
(ii) where you are the Short Party, we may adjust the Account in our favor by an amount equal to, the aggregate of the Cash Dividend per Security and any attached Franking Credit, multiplied by the Contract Quantity. This adjustment will apply to any such Share CFD or Index CFD which is open at Close of Business on the Business Day before the Ex-Dividend Date and will be made by us by Close of Business on the day following the Ex- Dividend Date.
(b) If we determine in our sole discretion that there has been any change in, or any change in the interpretation or application by any court, governmental or other competent authority of, any applicable law or regulation which has the effect of reducing or increasing the amount of the ordinary dividend or distribution per Security that would be actually paid to a holder of that Security, we may vary the Net Cash Dividend adjustment made under paragraph (a) in this clause with immediate effect by notice in writing to you.
(c) For the avoidance of doubt, paragraphs (a) and (b) above will apply with respect to any constituent Security or Index, but subject to:
(i) where you are the Short Party, any calculation of the adjustment in accordance with paragraph (a)(ii) ignoring any Franking Credit attached to the relevant dividend or distribution; and
(ii) any such adjustment being scaled back in proportion to the respective weighting of the affected Security within the Basket or Index as we reasonably consider appropriate.
(d) Suspension and market disruption If, at any time:
(a) trading in any relevant Security on any exchange is limited or suspended; or
(b) trading is limited or suspended on any exchange to restrict trading within any relevant Index such that we are prevented from determining the Contract Price of a Security or Index, then the Contract Price of such Security or Index will be the Contract Price immediately preceding such limitation or suspension.
(e) In relation to a Share CFD, Index CFD or Index Futures CFD we may close the Contract and determine a Closing Date and the Contract Value under clause 13 of this Agreement. We always reserve the right during the term of any such limitation or suspension to adjust the securities Contract Price of any affected Contract at our reasonable discretion but having regard to the then prevailing market conditions affecting trading or trading in your account the Security or Index.
(f) If, in relation to any Security or Index on which a way Margin Contract or CFD is based, the price of any relevant Security or the Index becomes exceptionally volatile as reasonably determined by us, we may by notice inform you of an amendment to the Margin Percentage with respect to the Contract. Such amendment will also apply to any relevant Contract entered with you after such amendment.
(g) If:
(i) we are unable to hold, purchase or borrow any relevant Securities or our ability to hold, purchase or borrow such Securities becomes in our reasonable opinion at any time materially impaired or restricted for whatever reason; or
(ii) we reasonably believe that is fair and which aligns with market practicewe can no longer perform our obligations under the Share CFD, depending Index CFD or Index Futures CFD on the circumstances same economic basis as that Underlying Instrument the terms of each event the Contract when the Contract was originally entered, then we will give notice to you of that fact and according to our sole discretionwill, at your request, provide you with reasonable evidence of such circumstances, although our determination will be conclusive.
(h) At any time following our giving of notice to you under paragraph (g) in this clause, we are not obliged may close the Share CFD, Index CFD or Index Futures CFD, and clause 12 of this Agreement will apply.
(i) We reserve the right to do this. Adjustments may include changing pass on to you any stock borrowing costs incurred by us during exceptional market conditions, as reasonably determined by us and notified in advance to you.
(j) If any Security becomes subject to adjustment as the price or quantity result of securities any event set out in your accountparagraph (k) of this clause, we will determine the appropriate adjustment, if any, to reflect be made to the Contract Price and/or the relevant Contract Quantity as we will reasonably consider appropriate to account for the diluting or concentrative effect of the adjustment or otherwise necessary to preserve the economic equivalent of the rights and obligations of the parties under the relevant Share CFD, Index CFD or Index Futures CFD immediately prior to such rightsevent. Such adjustment will be effective from the date determined by us.
10.3 Notwithstanding (k) The events to which paragraph 10.2(j) in this clause refers to are the declaration by the issuer of the Security of the terms of any of the following:
(i) subdivision, we reserve consolidation or reclassification of the Security, or a free distribution of shares or units, as the case requires, to existing holders by way of bonus, capitalization or similar issue;
(ii) distribution to existing holders of the Security, other shares, units or securities granting the right to close out any open positions impacted by a Corporate Event (including delistings and insolvency) in a fair way and taking into account payment of dividends, distributions and/or proceeds of liquidation of the treatment we may receive from our counterparty and/or any relevant third party. In this respect we may make any required adjustment (priceissuer equally or proportionately with such payments to holders of the Security, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out open positions prior to or following such Corporate Events, at our sole discretion.
10.4 Actions taken by us to adjust the securities in your account after a Corporate Event may create tax liabilities for you. We may deduct tax when making adjustments, however it will be your responsibility to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securities.
10.5 If you are holding securities, such as shares, which grant you rights or warrants granting the right to a distribution of shares, units or securities or to purchase, subscribe, or receive shares, units or securities, in any case for payment (in cash or otherwise) at less than the prevailing market price per share, unit or security as determined buys;
(iii) any event in respect of the shares analogous to paragraph (k)(I) or (ii) above or otherwise having a dividend diluting or interest payment from concentrative effect on the market value of the Security.
(l) If at any time a takeover bid is made, or a scheme of arrangement is proposed, in respect of a Security, then, subject always to your right to close the position, at any time prior to the closing date of such offer in the case of a CFD on a single Security, we may give notice to you of our intention to close any relevant CFD, in which case the provisions of such notice and clause [n] of this Agreement will apply.
(m) If a company, provided that you have held such shares prior to and whose Security forms the basis of a CFD on the relevant ex-dividend datea single Security, goes into insolvency or is otherwise dissolved, we will pay this money into your FXORO account on receipt by us. We may deduct from this payment any applicable tax however it close such CFD and the date of such insolvency or dissolution will be your responsibility to satisfy these liabilities if we did not make the Closing Date. The Contract Value of such deductionCFD will be determined by us in good faith.
10.6 If (n) Any adjustment or amendment of the underlying market Contract Price and the Contract Quantity made by us under this paragraph clause, subject to paragraph (a), be entered on which your security is traded is suspended, you will not be able to place any sell orders the Account with effect immediately after Close of Business on those securities, such Business Day and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences trading. We cannot guarantee that your order will be executed immediately when conclusive and binding on you except in the market recommences tradingcase of manifest error. INGOT Brokers (Australia) Pty, Ltd. | AFSL: 428015 | ABN: 87 159 895 431 Xxxxx 00, Xxxxxx Xxxxx, 00 Xxxxxxx Xxxxxx, Sydney, NSW 2000, Australia Tel:+00 0 00000000 | xxx.xxxxxxxxxxxx.xxx.xx 10
(o) No adjustments will be made in relation to any CFD in respect of any events occurring after the closing of such CFD.
(p) Reference to any "takeover bid" in this paragraph (j) will have the meaning set out in such code or regulations as are applicable to takeovers and we may be required mergers (as amended from time to wait until there is enough demand to buy your securitytime).
Appears in 1 contract
Samples: Client Agreement
Corporate Events. 10.1 A "Corporate Event" (a) Account adjustment for dividends Subject to paragraph (b) of this clause, an adjustment to the Account will be made with reference to any dividend or distribution attributable to any relevant Security on which a Share CFD or an Index CFD is something which based and will result in a change to one or more financial instruments. Examples of Corporate Events include, but be made and calculated as follows:
(i) where you are not limited to, share consolidations, share splits, reorganisations, mergers, take-over offers (and similar), name changes and rebranding, dividend distributions, insolvency, delistings and changes to Applicable Law or regulation.
10.2 If a Corporate Event impacts a security in your FXORO accountthe Long Party, we will use reasonable endeavours adjust the Account in your favor by an amount equal to the Net Cash Dividend per Security multiplied by the Contract Quantity;
(ii) where you are the Short Party, we may adjust the Account in our favor by an amount equal to, the aggregate of the Cash Dividend per Security and any attached Franking Credit, multiplied by the Contract Quantity. This adjustment will apply to any such Share CFD or Index CFD which is open at Close of Business on the Business Day before the Ex-Dividend Date and will be made by us by Close of Business on the day following the Ex-Dividend Date.
(b) If we determine in our sole discretion that there has been any change in, or any change in the interpretation or application by any court, governmental or other competent authority of, any applicable law or regulation which has the effect of reducing or increasing the amount of the ordinary dividend or distribution per Security that would be actually paid to a holder of that Security, we may vary the Net Cash Dividend adjustment made under paragraph (a) in this clause with immediate effect by notice in writing to you.
(c) For the avoidance of doubt, paragraphs (a) and (b) above will apply with respect to any constituent Security or Index, but subject to:
(i) where you are the Short Party, any calculation of the adjustment in accordance with paragraph (a)(ii) ignoring any Franking Credit attached to the relevant dividend or distribution; and
(ii) any such adjustment being scaled back in proportion to the respective weighting of the affected Security within the Basket or Index as we reasonably consider appropriate.
(d) Suspension and market disruption If, at any time:
(a) trading in any relevant Security on any exchange is limited or suspended; or
(b) trading is limited or suspended on any exchange to restrict trading within any relevant Index such that we are prevented from determining the Contract Price of a Security or Index, then the Contract Price of such Security or Index will be the Contract Price immediately preceding such limitation or suspension.
(e) In relation to a Share CFD, Index CFD or Index Futures CFD we may close the Contract and determine a Closing Date and the Contract Value under clause 13 of this Agreement. We always reserve the right during the term of any such limitation or suspension to adjust the securities Contract Price of any affected Contract at our reasonable discretion but having regard to the then prevailing market conditions affecting trading or trading in your account the Security or Index.
(f) If, in relation to any Security or Index on which a way Margin Contract or CFD is based, the price of any relevant Security or the Index becomes exceptionally volatile as reasonably determined by us, we may by notice INGOT Brokers Pty. Ltd. | AFSL: 428015 | ABN: 87 159 895 431 Xxxxx 00, Xxxxxx Xxxxx, 00 Xxxxxxx Xxxxxx, Sydney, NSW 2000, Australia Tel: +00 0 00000000 | xxx.xxxxxxxxxxxx.xxx.xx inform you of an amendment to the Margin Percentage with respect to the Contract. Such amendment will also apply to any relevant Contract entered with you after such amendment.
(g) If:
(i) we are unable to hold, purchase or borrow any relevant Securities or our ability to hold, purchase or borrow such Securities becomes in our reasonable opinion at any time materially impaired or restricted for whatever reason; or
(ii) we reasonably believe that is fair and which aligns with market practicewe can no longer perform our obligations under the Share CFD, depending Index CFD or Index Futures CFD on the circumstances same economic basis as that Underlying Instrument the terms of each event the Contract when the Contract was originally entered, then we will give notice to you of that fact and according to our sole discretionwill, at your request, provide you with reasonable evidence of such circumstances, although our determination will be conclusive.
(h) At any time following our giving of notice to you under paragraph (g) in this clause, we are not obliged may close the Share CFD, Index CFD or Index Futures CFD, and clause 12 of this Agreement will apply.
(i) We reserve the right to do this. Adjustments may include changing pass on to you any stock borrowing costs incurred by us during exceptional market conditions, as reasonably determined by us and notified in advance to you.
(j) If any Security becomes subject to adjustment as the price or quantity result of securities any event set out in your accountparagraph (k) of this clause, we will determine the appropriate adjustment, if any, to reflect be made to the Contract Price and/or the relevant Contract Quantity as we will reasonably consider appropriate to account for the diluting or concentrative effect of the adjustment or otherwise necessary to preserve the economic equivalent of the rights and obligations of the parties under the relevant Share CFD, Index CFD or Index Futures CFD immediately prior to such rightsevent. Such adjustment will be effective from the date determined by us.
10.3 Notwithstanding (k) The events to which paragraph 10.2(j) in this clause refers to are the declaration by the issuer of the Security of the terms of any of the following:
(i) subdivision, we reserve consolidation or reclassification of the Security, or a free distribution of shares or units, as the case requires, to existing holders by way of bonus, capitalization or similar issue;
(ii) distribution to existing holders of the Security, other shares, units or securities granting the right to close out any open positions impacted by a Corporate Event (including delistings and insolvency) in a fair way and taking into account payment of dividends, distributions and/or proceeds of liquidation of the treatment we may receive from our counterparty and/or any relevant third party. In this respect we may make any required adjustment (priceissuer equally or proportionately with such payments to holders of the Security, quantity or any other adjustment) resulting from the Corporate Event as may be applicable. We may close out open positions prior to or following such Corporate Events, at our sole discretion.
10.4 Actions taken by us to adjust the securities in your account after a Corporate Event may create tax liabilities for you. We may deduct tax when making adjustments, however it will be your responsibility to satisfy these liabilities if we did not make such deduction. We may claim or reclaim tax credits on dividends or other income on securities.
10.5 If you are holding securities, such as shares, which grant you rights or warrants granting the right to a distribution of shares, units or securities or to purchase, subscribe, or receive shares, units or securities, in any case for payment (in cash or otherwise) at less than the prevailing market price per share, unit or security as determined buys;
(iii) any event in respect of the shares analogous to paragraph (k)(I) or (ii) above or otherwise having a dividend diluting or interest payment from concentrative effect on the market value of the Security.
(l) If at any time a takeover bid is made, or a scheme of arrangement is proposed, in respect of a Security, then, subject always to your right to close the position, at any time prior to the closing date of such offer in the case of a CFD on a single Security, we may give notice to you of our intention to close any relevant CFD, in which case the provisions of such notice and clause [n] of this Agreement will apply.
(m) If a company, provided that you have held such shares prior to and whose Security forms the basis of a CFD on the relevant ex-dividend datea single Security, goes into insolvency or is otherwise dissolved, we will pay this money into your FXORO account on receipt by us. We may deduct from this payment any applicable tax however it close such CFD and the date of such insolvency or dissolution will be your responsibility to satisfy these liabilities if we did not make the Closing Date. The Contract Value of such deductionCFD will be determined by us in good faith.
10.6 If (n) Any adjustment or amendment of the underlying market Contract Price and the Contract Quantity made by us under this paragraph clause, subject to paragraph (a), be entered on which your security is traded is suspended, you will not be able to place any sell orders the Account with effect immediately after Close of Business on those securities, such Business Day and we will not be able to execute any sell orders which you have already placed on those securities until the market recommences trading. We cannot guarantee that your order will be executed immediately when conclusive and binding on you except in the market recommences trading, case of manifest error.
(o) No adjustments will be made in relation to any CFD in respect of any events occurring after the closing of such CFD.
(p) Reference to any "takeover bid" in this paragraph (j) will have the meaning set out in such code or regulations as are applicable to takeovers and we may be required mergers (as amended from time to wait until there is enough demand to buy your securitytime).
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Samples: Client Agreement