Common use of Delivery Procedures; Options Allocation Procedure Clause in Contracts

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Xxxxxx Xxxxxxx with instructions either to liquidate Contracts previously established by Customer, make or take delivery under any such Contracts, or exercise options entered into by Customer, within such time limits as may be specified by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to take. Funds sufficient to take delivery pursuant to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx at such time as Xxxxxx Xxxxxxx may require in connection with any delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx has previously received instructions from Customer, Xxxxxx Xxxxxxx'x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Xxxxxx Xxxxxxx may, in its sole and absolute discretion, liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute discretion, deems necessary or appropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx in connection therewith or pursuant to Customer's instructions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Xxxxxx Xxxxxxx Morgan Stanley with instructions either to liquidate Contracts previously established prevxxxxxx xxxxxxxshed by Customer, make or take delivery under any such Contracts, or exercise options entered into by Customer, within such time limits as may be specified by Xxxxxx XxxxxxxMorgan Stanley. Xxxxxx Xxxxxxx Morgan Stanley shall have no responsibility to take any action on behalf of Customer xxx xcxxxx xx bxxxxx ox Xxxxxmer or positions in the Account unless and until Xxxxxx Xxxxxxx Morgan Stanley receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx accxxxxxxe xx Xxxgan Stanley indicating the action Xxxxxx Xxxxxxx Morgan Stanley is to take. Funds sufficient Funxx xxxfxxxxxx to take delivery pursuant to such Contract pursuaxx xx sxxx Xxxtract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx Morgan Stanley at such time as Xxxxxx Xxxxxxx Morgan Stanley may require in connection with any connecxxxx xixx xxx delivery. (ii) . Short option Contracts xxxxxx Xxxxxxxts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx Morgan Stanley from the applicable contract market with respect to option Contracts xxxxxx Xxxxxxxts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx Morgan Stanley has previously received instructions from Customer, Xxxxxx Xxxxxxx'x Xxxxxxx's sole responsibility shall be to use its best efforts to notify Customer efforxx xx xxxxxx Xxxtomer of such allocation. (iii) . If Customer fails to comply with any of the foregoing obligations, Xxxxxx Xxxxxxx Morgan Stanley may, in its sole and absolute discretion, liquidate any open positionsxxx xxex xxxxxions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx XxxxxxxMorgan Stanley, in its sole and absolute discretion, deems necessary or appropriatenecessarx xx xpxxxxxxxte, and Customer shall indemnify and hold Xxxxxx Xxxxxxx Morgan Stanley harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx takex xx Xoxxxx Xxanley in connection therewith or pursuant to Customer's instructionsinxxxxxxixxx. Xinancial and Other Information. Customer shall provide to Morgan Stanley such financial information regarding Customer as Morxxx Xxaxxxx xxy from time to time reasonably request. Customer sxxxx xoxxxx Xxrgan Stanley immediately (and no later than within one business dxx) xx xxx xxxancial condition of Customer changes materially and adversely from that shown in the most recent financial information theretofore provided to Morgan Stanley. An investigation may be conducted pertaining to Cusxxxxx's xxxxxx standing and business. Currency Exchange Risk. Customer shall bear all risk and cost in respect of the conversion of currencies incident to transactions effected on behalf of Customer pursuant hereto.

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Xxxxxx Xxxxxxx Morgan Stanley with instructions either to liquidate Contracts previously Contraxxx xxexxxxxxx established by Customer, make or take delivery under any such Contracts, or exercise options entered into by Customer, within such time limits as may be specified by Xxxxxx XxxxxxxMorgan Stanley. Xxxxxx Xxxxxxx Morgan Stanley shall have no responsibility to take any action on behalf xx xxkx xxx xctxxx xx xxxxxx of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx Morgan Stanley receives oral or written instructions reasonably acceptable reasonxxxx xcxxxxxxxe to Xxxxxx Xxxxxxx Morgan Stanley indicating the action Xxxxxx Xxxxxxx Morgan Stanley is to taketxxx. Funds sufficient Xuxxx xxxficient to take delivery pursuant to xxxxuxxx xx such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx Morgan Stanley at such time as Xxxxxx Xxxxxxx Morgan Stanley may require in connection with ix xxxxexxxxx xith any delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx Morgan Stanley from the applicable contract market with respect to option resxxxx xo xxxxxx Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx Morgan Stanley has previously received instructions from Customer, Xxxxxx Xxxxxxx'x Stanley's sole responsibility shall be to use its best efforts to notify effortx xx xxtify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Xxxxxx Xxxxxxx Morgan Stanley may, in its sole and absolute discretion, liquidate any open lixxxxxxe xxx xxen positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx XxxxxxxMorgan Stanley, in its sole and absolute discretion, deems necessary or appropriatexxxxxxaxx xx xppropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx Morgan Stanley harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx xxx xxkxx xx Xorgan Stanley in connection therewith or pursuant to Customer's instructionsCustoxxx'x ixxxxxxxions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will shall provide Xxxxxx Xxxxxxx with instructions either to liquidate Contracts previously established by Customer, to make or take delivery under any such Contracts, or ; to exercise options entered into by Customer, or, with respect to Contracts that are cleared credit default swaps, to exercise rights relating to credit events in respect of such Contracts in the relevant trade information systems of the relevant clearing house or clearing organization, in each case, within such time limits as may be reasonably specified by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to takeXxxxxxx. Funds sufficient to take delivery pursuant to any such Contract or deliverable grade commodities to make eligible under Applicable Law for the purpose of effecting delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx at such time and in accordance with such procedures as Xxxxxx Xxxxxxx may reasonably require in connection with any such delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx has previously received prior, timely instructions from Customer, Xxxxxx Xxxxxxx'x Xxxxxxx’x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligationsobligations in this section 6(i), Xxxxxx Xxxxxxx may, in its sole and absolute discretion, may liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any optionsoptions or rights, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute discretion, deems Xxxxxxx xxxxx necessary or appropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx in connection therewith or pursuant to Customer's ’s instructions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will shall provide Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx with instructions either to liquidate Contracts previously established by Customer, ; to make or take delivery under any such Contracts, ; or to exercise options entered into by Customer, within such time limits as may be reasonably specified by Xxxxxx XxxxxxxMxxxxx Sxxxxxx. Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to takeMxxxxx Sxxxxxx. Funds sufficient to take delivery pursuant to any such Contract or deliverable grade commodities to make eligible under Applicable Law for the purpose of effecting delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx at such time and in accordance with such procedures as Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx may reasonably require in connection with any such delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx has previously received prior, timely instructions from Customer, Xxxxxx Xxxxxxx'x Mxxxxx Xxxxxxx’x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligationsobligations in this section 6(i), Xxxxxx Xxxxxxx may, in its sole and absolute discretion, Mxxxxx Sxxxxxx may liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute discretion, deems Mxxxxx Sxxxxxx xxxxx necessary or appropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx in connection therewith or pursuant to Customer's ’s instructions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Xxxxxx Xxxxxxx with instructions either to liquidate Contracts previously established by Customer, make or take delivery under any such Contracts, or exercise options entered into by Customer, within such time limits as may be reasonably specified by Xxxxxx XxxxxxxXxxxxxx or as required by Applicable Law. Xxxxxx Xxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to take. Funds sufficient to take delivery pursuant to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx at such time as Xxxxxx Xxxxxxx may reasonably require in connection with any delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx has previously received instructions from Customer, Xxxxxx Xxxxxxx'x Xxxxxxx’x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligationsobligations in this section 6(h), Xxxxxx Xxxxxxx may, in its sole and absolute commercially reasonable discretion, liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute commercially reasonable discretion, deems necessary or appropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx in connection therewith or pursuant to Customer's ’s instructions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will shall provide Xxxxxx Xxxxxxx with instructions either to liquidate Contracts previously established by Customer, ; to make or take delivery under any such Contracts, ; or to exercise options entered into by Customer, within such time limits as may be reasonably specified by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to takeXxxxxxx. Funds sufficient to take delivery pursuant to any such Contract or deliverable grade commodities to make eligible under Applicable Law for the purpose of effecting delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx at such time and in accordance with such procedures as Xxxxxx Xxxxxxx may reasonably require in connection with any such delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx has previously received prior, timely instructions from Customer, Xxxxxx Xxxxxxx'x Xxxxxxx’x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligationsobligations in this section 6(i), Xxxxxx Xxxxxxx may, in its sole and absolute discretion, may liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute discretion, deems Xxxxxxx xxxxx necessary or appropriate, and Customer shall indemnify and hold Xxxxxx Xxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx in connection therewith or pursuant to Customer's ’s instructions.

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Xxxxxx Xxxxxxx with instructions either to liquidate Contracts previously established by Customer, make or take delivery under any such Contracts, or exercise options entered into by Customer, within such time limits as may be specified by Xxxxxx Xxxxxxx. Xxxxxx Xxxxxxx shall have no responsibility to take any action on behalf of Customer or positions in the Account unless and until Xxxxxx Xxxxxxx receives oral or written instructions reasonably acceptable to Xxxxxx Xxxxxxx indicating the action Xxxxxx Xxxxxxx is to take. Funds sufficient to take delivery pursuant to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Xxxxxx Xxxxxxx at such time as Xxxxxx Xxxxxxx may require in connection with any delivery. (ii) Short option Contracts may be subject to exercise at any time. Exercise notices received by Xxxxxx Xxxxxxx from the applicable contract market with respect to option Contracts sold by Customer may be allocated to Customer pursuant to a random allocation procedure, and Customer shall be bound by any such allocation of exercise notices. In the event of any allocation to Customer, unless Xxxxxx Xxxxxxx has previously received instructions from Customer, Xxxxxx Xxxxxxx'x sole responsibility shall be to use its best efforts to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Xxxxxx Xxxxxxx may, in its sole and absolute discretion, liquidate any open positions, make or receive delivery of any commodities or instruments, or exercise or allow the expiration of any options, in such manner and on such terms as Xxxxxx Xxxxxxx, in its sole and absolute discretion, deems necessary or appropriate, and Customer shall indemnify and hold hol& Title - Please Print) Xxxxxx Xxxxxxx harmless as a result of any action taken or not taken by Xxxxxx Xxxxxxx in connection therewith or pursuant to Customer's instructions.& Co. Incorporated (Signature) (Date)