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

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx xx Xxstomer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx Morgan Stanley indicating the action Morgan Stanley is to take. Xxxxx sxxxxxxxnt to take delivery pursuaxx tx xxxx Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny delivery. (xi) Sxxxx xxtion Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect xx xxxixx Xxxxracts 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 Morgan Stanley has previously received instructions from Customex, Xxxgxx Xxxxley's sole responsibility shall be to use its best efxxxxx xx xxxxxx Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitions, 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxx.

Appears in 3 contracts

Samples: Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Welton Lp), Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp)

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Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Xxxxxxcxx xxxxiously 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx responsixxxxxx xx Xxstomer xxxx axx xxxixx xx xehalf of Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx xxxeptable to Morgan Stanley indicating the action Morgan Stanley is to takeix xx xake. Xxxxx sxxxxxxxnt Funds sufficient to take delivery pursuaxx tx xxxx dxxxxxxy xxxxxxnt to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny reqxxxx xn xxxxxxtion with any delivery. (xixx) Sxxxx xxtion Xxxxx option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect wixx xxxpxxx xx xxxixx Xxxxracts 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 Morgan Stanley has previously received instructions from CustomexXxsxxxxx, Xxxgxx XxxxleyMorgan Stanley's sole responsibility shall be to use its best efxxxxx xx xxxxxx xxxx xxxxxxx to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretiondiscretixx, liquidate xxx xxex xxsitionsxxqxxxxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenxxxxxxxy or appropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxxxn by Morgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxXxxxxmxx'x xxstructions.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Commodity Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Contractx xxxxixxxxx xstablished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx tx xxxx xxx xxxion on bxxxxx xx Xxstomer Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reasonabxx xxxexxxxxx to Morgan Stanley indicating the action Morgan Stanley is to taketakx. Xxxxx sxxxxxxxnt Xxxds suffxxxxxx to take delivery pursuaxx tx xxxx xxxxxxnx xx xxch Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny connecxxxx xxxh any delivery. (xixx) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect respexx xx xxxixx Xxxxracts oxxxxx Xontracts 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 Morgan Stanley has previously received instructions from CustomexCustxxxx, Xxxgxx XxxxleyMxxxxx Xtanley's sole responsibility shall be to use its best efxxxxx xxxxxxx xx xxxxxx xxxxfy Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitionsliquxxxxx axx xxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenexxxxxxy xx xxxropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxxxn xx Xxxgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxxxsxxxxxxxns.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Strategic Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished xxxxxoxxxx xxtablished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx xxxx axx xxxxon on bexxxx xx Xxstomer Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reasonablx xxxxpxxxxx xo Morgan Stanley indicating the action Morgan Stanley is to take. Xxxxx sxxxxxxxnt Xxxxs suffixxxxx to take delivery pursuaxx tx xxxx pxxxxxxt xx xxxh Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn connectxxx xxxx xny any delivery. (xixx) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect respecx xx xxxixx Xxxxracts xpxxxx Xxntracts 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 Morgan Stanley has previously received instructions from CustomexCustoxxx, Xxxgxx XxxxleyXoxxxx Xxanley's sole responsibility shall be to use its best efxxxxx xxxxxxx xx xxxxxx xxxxxy Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitionsliquixxxx xnx xxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenecxxxxxx xx xxxxopriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxxxx xx Xxxxan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxxxxtxxxxxxxs.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Technical Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Conxxxxxx xxxxxxxsly 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx responsibilxxx xx xxxx xxy xxxxxx ox xxxxlx xx Xxstomer xxxxlf of Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reaxxxxxxy xxxxxxable to Morgan Stanley indicating the action Morgan Stanley is to taketx xxxx. Xxxxx sxxxxxxxnt sufficient to take delivery pursuaxx tx xxxx xuxxxxxx to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny deliveryrequirx xx xoxxxxxxxn with any delivexx. (xiii) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect xxxxxxt xx xxxixx Xxxxracts xxxion 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 Morgan Stanley has previously received instructions from CustomexCustomer, Xxxgxx XxxxleyXxxgan Stanley's sole responsibility shall be to use its best efxxxxx effxxxx xx xxxxxx notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxxxxdxxx xxx xxex xxsitionsopen 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx deexx xxxexxxxx xr xxxxxxriateappropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xx xxx xxxxx xy Xxxxxx Morgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxCuxxxxxx'x xxxxxuctions.

Appears in 1 contract

Samples: Management Agreement (DWFCM International Access Fund Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Contrxxxx xrxxxxxxxy 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy responsibilitx xx xake any acxxxx xn xxxxxx ox xxxxlx xx Xxstomer of Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx axxxxxxxle to Morgan Stanley indicating the action Morgan Stanley is to takexxxx. Xxxxx sxxxxxxxnt Fxxxx xxfficient to take delivery pursuaxx tx xxxx delivexx xxxsxxxx xx such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny xx xxxnxxxxxx with any delivery. (xixx) Sxxxx xxtion Xxort option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect xx xxxixx Xxxxracts rexxxxx tx xxxxxn 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 Morgan Stanley has previously received instructions from CustomexCxxxxxxr, Xxxgxx XxxxleyXxxxxn Stanley's sole responsibility shall be to use its best efxxxxx bxxx xxxxxxx xx xxxxxx xotify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate lxxxxxxtx xxx xxex xxsitionsxpen 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatexxxxxsxxx xx appropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxx xaxxx xx Morgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxCustxxxx'x xxxxxxxtions.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (DWFCM International Access Fund Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Contractx xxxxixxxxx xstablished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx tx xxxx xxx xxxion on bxxxxx xx Xxstomer Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reasonabxx xxxexxxxxx to Morgan Stanley indicating the action Morgan Stanley is to taketakx. Xxxxx sxxxxxxxnt Xxxds suffxxxxxx to take delivery pursuaxx tx xxxx xxxxxxnx xx xxch Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny connecxxxx xxxh any delivery. (xi) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect respexx xx xxxixx Xxxxracts oxxxxx Xontracts 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 Morgan Stanley has previously received instructions from CustomexCustxxxx, Xxxgxx XxxxleyMxxxxx Xtanley's sole responsibility shall be to use its best efxxxxx xxxxxxx xx xxxxxx xxxxfy Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitionsliquxxxxx axx xxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenexxxxxxy xx xxxropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxxxn xx Xxxgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxxxsxxxxxxxns.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Currency Lp)

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Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Contrxxxx xrxxxxxxxy 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy responsibilitx xx xake any acxxxx xn xxxxxx ox xxxxlx xx Xxstomer of Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx axxxxxxxle to Morgan Stanley indicating the action Morgan Stanley is to takexxxx. Xxxxx sxxxxxxxnt Fxxxx xxfficient to take delivery pursuaxx tx xxxx delivexx xxxsxxxx xx such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny xx xxxnxxxxxx with any delivery. (xixx) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect xx xxxixx Xxxxracts rexxxxx tx xxxxxn 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 Morgan Stanley has previously received instructions from CustomexCxxxxxxr, Xxxgxx XxxxleyXxxxxn Stanley's sole responsibility shall be to use its best efxxxxx bxxx xxxxxxx xx xxxxxx xotify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate lxxxxxxtx xxx xxex xxsitionsxpen 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatexxxxxsxxx xx appropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxx xaxxx xx Morgan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxCustxxxx'x xxxxxxxtions.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Select Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished Xxxxxxcxx xxxxiously 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx responsixxxxxx xx Xxstomer xxxx axx xxxixx xx xehalf of Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx xxxeptable to Morgan Stanley indicating the action Morgan Stanley is to takeix xx xaxx. Xxxxx sxxxxxxxnt Xxxds sufficient to take delivery pursuaxx tx xxxx dxxxxxxy xxxxxxnt to such Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn xxxx xny deliveryreqxxxx xn xxxxxxtion with any delxxxxx. (xiii) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect wixx xxxpxxx xx xxxixx Xxxxracts 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 Morgan Stanley has previously received instructions from Customexfxxx Xxsxxxxx, Xxxgxx XxxxleyMorgan Stanley's sole responsibility shall be to use its best efxxxxx xx xxxxxx xxx xxxx xxxxxxx to notify Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretiondiscretixx, liquidate xxx xxex xxsitionsxxqxxxxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenecessxxx or appropriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx takxx xx nxx xxxxn by Morgan Stanley in connection therewith or pursuant to CustomerXxxxxmer's xxxxxuxxxxxxxxstructions.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Spectrum Global Balanced Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished xxxxxoxxxx xxtablished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxxxx ox xxxxlx xxxx axx xxxxon on bexxxx xx Xxstomer Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reasonablx xxxxpxxxxx xo Morgan Stanley indicating the action Morgan Stanley is to take. Xxxxx sxxxxxxxnt Xxxxs suffixxxxx to take delivery pursuaxx tx xxxx pxxxxxxt xx xxxh Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn connectxxx xxxx xny any delivery. (xi) Sxxxx xxtion Short option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect respecx xx xxxixx Xxxxracts xpxxxx Xxntracts 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 Morgan Stanley has previously received instructions from CustomexCustoxxx, Xxxgxx XxxxleyXoxxxx Xxanley's sole responsibility shall be to use its best efxxxxx xxxxxxx xx xxxxxx xxxxxy Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitionsliquixxxx xnx xxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenecxxxxxx xx xxxxopriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx xxxxx xx Xxxxan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxxxxtxxxxxxxs.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Charter Campbell Lp)

Delivery Procedures; Options Allocation Procedure. (i) Customer will provide Morgan Stanley with instructions either to liquidate Contracts pxxxxxxsxx xxxxblished xxxxxoxxxx xxtablished 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 Morgan Stanley. Morgan Stanley shall have no responsibility to txxx xxy xxxx axx xxxxon on xxxxxx ox xxxxlx xx Xxstomer Customer or positions in the Account unless and until Morgan Stanley receives oral or written instructions reasonably xxxxxxaxxx xx reasonablx xxxxpxxxxx xo Morgan Stanley indicating the action Morgan Stanley is to take. Xxxxx sxxxxxxxnt Xxxxs sufxxxxxxx to take delivery pursuaxx tx xxxx pxxxxxxt xx xxxh Contract or deliverable grade commodities to make delivery pursuant to such Contract must be delivered to Morgan Stanley at such time as Morgan Stanley may require in conxxxxxxn cxxxxxxixx xxxx xny any delivery. (xi) Sxxxx xxtion Xxxxx option Contracts may be subject to exercise at any time. Exercise notices received by Morgan Stanley from the applicable contract market with respect respecx xx xxxixx Xxxxracts xpxxxx Xxntracts 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 Morgan Stanley has previously received instructions from CustomexCustoxxx, Xxxgxx XxxxleyXoxxxx Xxanley's sole responsibility shall be to use its best efxxxxx xxxxxxx xx xxxxxx xxxxxy Customer of such allocation. (iii) If Customer fails to comply with any of the foregoing obligations, Morgan Stanley may, in its sole and absolute discretion, liquidate xxx xxex xxsitionsliquixxxx xnx xxxx 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 Morgan Stanley, in its sole and absolute discretion, deems necessarx xr xxxxxxriatenecxxxxxx xx xxxxopriate, and Customer shall indemnify and hold Morgan Stanley harmless as a result of any action taken or not txxxx xy Xxxxxx takxx xx Xxxxan Stanley in connection therewith or pursuant to Customer's xxxxxuxxxxxxxxxtxxxxxxxs.

Appears in 1 contract

Samples: Commodity Futures Customer Agreement (Morgan Stanley Charter Campbell Lp)

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