Common use of DEALING PROCEDURES Clause in Contracts

DEALING PROCEDURES. 14.1 If a Transaction has been executed, in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 will be construed as placing us under a duty to enquire about, or otherwise verify, the authority of an agent who purports to represent you. 14.8 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell Transactions) or offer price (in the case of Buy Transactions) or treat the Transaction as having been void from the outset. 14.9 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 In the event that you open a Transaction in relation to an underlying Financial Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 increase your Margin requirements; 14.11.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

AutoNDA by SimpleDocs

DEALING PROCEDURES. 14.1 If a Transaction has been executed, in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 . Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 . We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 . We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 . We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 . We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 . Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 will be construed as placing us under a duty to enquire about, or otherwise verify, the authority of an agent who purports to represent you. 14.8 . We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell Transactions) or offer price (in the case of Buy Transactions) or treat the Transaction as having been void from the outset. 14.9 . In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 In the event that you open a Transaction in relation to an underlying Financial Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 increase your Margin requirements; 14.11.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 2 contracts

Samples: Business to Client (B2c) Agreement, Business to Client (B2c) Agreement

DEALING PROCEDURES. 14.1 9.1 If a Transaction has been executed, executed in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 9.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 9.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.. Agents 14.6 9.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 9.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you. 14.8 9.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 9.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 9.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 9.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 9.8.1 increase your Margin requirements; 14.11.2 9.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 9.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

DEALING PROCEDURES. 14.1 If a Transaction has been executed, in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 . Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 . We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 . We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 . We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 . We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 . Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 will be construed as placing us under a duty to enquire about, or otherwise verify, the authority of an agent who purports to represent you. 14.8 . We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell Transactions) or offer price (in the case of Buy Transactions) or treat the Transaction as having been void from the outset. 14.9 . In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 In the event that you open a Transaction in relation to an underlying Financial Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 increase your Margin requirements; 14.11.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 2 contracts

Samples: Business to Client (B2c) Agreement, Business to Client (B2c) Agreement

DEALING PROCEDURES. 14.1 7.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 7.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 7.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 7.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 7.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you. 14.8 7.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 7.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 7.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 7.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokersBrokers/agents have recalled recall from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 7.8.1 increase your Margin requirements; 14.11.2 7.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter 7.8.3 Alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

DEALING PROCEDURES. 14.1 9.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 9.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 9.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 9.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 9.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you. 14.8 9.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 9.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 9.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 9.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled recall from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following thefollowing steps: 14.11.1 9.8.1 increase your Margin requirements; 14.11.2 9.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 9.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

DEALING PROCEDURES. 14.1 ‌ 9.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 9.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 9.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 9.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 9.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you. 14.8 9.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 9.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 9.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 9.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following thefollowing steps: 14.11.1 9.8.1 increase your Margin requirements; 14.11.2 9.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 9.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

DEALING PROCEDURES. 14.1 7.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 7.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position.. Electronic Trading 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 7.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.. Agents 14.6 7.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 7.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you.. Infringement of law 14.8 7.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset.. Situations not covered by this agreement 14.9 7.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question.. Borrowing charges and transactions becoming un-borrowable 14.10 7.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 7.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokersourbrokers/agents have recalled recall from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 7.8.1 increase your Margin requirements; 14.11.2 7.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 7.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

AutoNDA by SimpleDocs

DEALING PROCEDURES. 14.1 If a Transaction has been executed, in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 . Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 . We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 . We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 . We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 . We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section clause 14.6 will be construed as placing us under a duty to enquire about, or otherwise verify, the authority of an agent who purports to represent you. 14.8 . We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 . In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 In the event that you open a Transaction in relation to an underlying Financial Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 increase your Margin requirements; 14.11.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

DEALING PROCEDURES. 14.1 If a Transaction has been executed, in whole or in part, it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 . Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 . We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 . We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 . We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 . We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the EGM Securities Limited| Equiti Capital UK Limited event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 . Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 will be construed as placing us under a duty to enquire about, or otherwise verify, the authority of an agent who purports to represent you. 14.8 . We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell Transactions) or offer price (in the case of Buy Transactions) or treat the Transaction as having been void from the outset. 14.9 . In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 In the event that you open a Transaction in relation to an underlying Financial Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 increase your Margin requirements; 14.11.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Business to Client (B2c) Agreement

DEALING PROCEDURES. 14.1 7.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed.. Forex River Ltd. / Client agreement 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 7.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, to refuse to accept any Transaction opening a new position or increasing an open position.Electronic Trading 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 7.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.. Agents 14.6 7.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 7.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you.. Infringement of law 14.8 7.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset.. Situations not covered by this agreement 14.9 7.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question.. Borrowing charges and transactions becoming un-borrowable 14.10 7.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 7.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps:Forex River Ltd. / Client agreement 14.11.1 7.8.1 increase your Margin requirements; 14.11.2 7.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 7.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

DEALING PROCEDURES. 14.1 ‌ 9.1 If a Transaction has been executed, executed in whole or in part, part it will not be possible for you to cancel the Transaction to the extent that the Transaction has been executed. 14.2 Once given, instructions may only be withdrawn or amended with our express consent, which will not be unreasonably withheld. 14.3 9.2 We reserve the right to limit the number of open positions you may enter or maintain in your Account. We also reserve the right, in our sole discretion, discretion to refuse to accept any Transaction opening a new position or increasing an open position. 14.4 We may, at our sole discretion, refuse any order or instruction from you, provided that we inform you of our refusal as soon as reasonably practicable. We will endeavour to provide you with a reason for refusal. 14.5 9.3 We have no obligation to accept, or to execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 14.6 9.4 We will not be under any duty to open or close any Transaction or accept and act in accordance with any communication by an agent if we reasonably believe that such agent may be acting in excess of its authority. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at our then prevailing price or treat the Transaction as having been void from the outset. 14.7 Where the agent perpetuates an illegality; the principal shall bear losses and other liabilities or be subject to the retention of undue profits arising from the actions of the agent. Nothing in this section 14.6 clause 9.4 will be construed as placing us under a duty to enquire about, or otherwise verify, about the authority of an agent who purports to represent you. 14.8 9.5 We will not be under any duty to open or close any Transaction if we reasonably believe that to do so may not be practicable or would infringe any Applicable Regulation, law, rule, regulation or Term. In the event that we have opened a Transaction before coming to such a belief we may, at our absolute discretion, either close such a Transaction at the then prevailing bid price (in the case of Sell sell Transactions) or offer price (in the case of Buy buy Transactions) or treat the Transaction as having been void from the outset. 14.9 9.6 In the event that a situation arises that is not covered under these Terms or the Contract Specifications, we will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice or and/or paying due regard to the treatment we receive from any hedging broker with which we have hedged our exposure to you arising from the Transaction in question. 14.10 9.7 Where you have opened a Sell in respect of a particular Financial Instrument, we reserve the right to pass on to you any stock borrowing charges incurred by us. If you do not pay any stock borrowing charges that become payable after you have opened such a Transaction, or we are unable to continue to borrow that Financial Instrument in the Underlying Market (and we give you notice to that effect), we will be entitled to close your Transaction in respect of that Financial Instrument with immediate effect. This may result in you incurring a loss on the Transaction. Further, you agree to reimburse us for any fine, penalty, liability or other similar charge (such as Buy buy back fees) imposed on us for any reason by any exchange, Underlying Market or any other regulatory authority that relates in any way to your opening or closing a Transaction or any related transaction by us to hedge your Transaction. 14.11 9.8 In the event that you open a Transaction in relation to an underlying Financial Underlying Instrument that is a share, and that underlying share becomes un-borrowable (either from the outset or our brokers/agents have recalled recall from us a stock that we have already borrowed against) so that we are unable to hedge against losses that we may incur in relation to that Transaction we may, at our absolute discretion, take one or more of the following steps: 14.11.1 9.8.1 increase your Margin requirements; 14.11.2 9.8.2 close the relevant Transactions at such Closing Level as we reasonably believe to be appropriate; 14.11.3 9.8.3 alter the Last Dealing Time for the relevant Transaction.

Appears in 1 contract

Samples: Client Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!