Discretions. MTC reserves the right to exercise certain discretions in respect of Client trading and Account management. In this regard, MTC will consider our commercial objectives, regulatory considerations and ethical obligations as a dealer. These discretions include, but are in no way limited to a right to: • Refuse any application for an Account without cause • Call for funds or security where we consider it would make commercial sense to do so (refer Clause 7.4) • Refuse to accept any trades placed by the Client that we judge to be clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to manifest human error or stale/incorrect/broken price feeds. Where we have opened or closed a trade before becoming aware of the price disparity, we may at our absolute discretion either treat that trade as void or accept that trade at the prevailing Market price • Determine Commission rates and financing charges, • Decline the Client’s instructions or cancel any Order or instruction without reason, where:
i) dealing or trading has been suspended or halted for any reason whatsoever or any other event considered by MTC to constitute an emergency has occurred or is, in MTC’s opinion, likely to occur and the Client has not reconfirmed instructions; or
ii) in MTC’s opinion, the Order is likely to breach Rules, Regulations or legislation or terms of this Agreement; or
iii) in MTC’s opinion, the Order is likely to be inappropriate, unethical or likely to negatively impact MTC’s reputation or integrity in the market with their partners, affiliates, prime brokers, liquidity providers or create a disorderly market. MTC is not liable for any financial inconvenience or consequence as a result of using such discretions to cancel, limit or refuse an instruction from a Client.
Discretions any party which is vested with a discretion or which may determine any matter in its opinion may be required to exercise such discretion reasonably or to base its opinion on reasonable grounds;
Discretions. 5.2.1 Within three months of the Commencement Date (or of the date of this Agreement, if later), the Admission Body must provide the Administering Authority with a statement of the Admission Body’s policies concerning the exercise of its functions under regulations 16(2)(e), 16(4)(d), 30(6), 30(8) and 31 of the 2013 Regulations. The statement must follow the form of statement prescribed by the Administering Authority from time to time. The Admission Body must keep these policies under review. Where the Admission Body determines to revise any of its policies, the Admission Body must publish the revised statement and send a copy of it to the Administering Authority within one month of the determination.
5.2.2 The Admission Body must notify the Administering Authority and the Scheme Employer promptly in writing of each occasion on which it exercises a discretion under the Regulations and the manner in which it exercises that discretion.
Discretions. Notwithstanding any provision of the Senior Finance Documents, each Agent may:
23.6.1 assume, unless it has, in its capacity as Agent, received written notice to the contrary from any other Party, that (a) any representation made or deemed to be made by an Obligor in connection with the Senior Finance Documents is true, (b) no Default has occurred, (c) no Obligor is in breach of or default under its obligations under the Senior Finance Documents and (d) any right, power, authority or discretion vested in the Senior Finance Documents upon the Required Lenders, a Lending Group, the Lenders or any other Person or group of Persons has not been exercised;
23.6.2 assume that (a) the Facility Office of each Lender is that notified to it by such Lender in writing and (b) the information provided by each Lender pursuant to Clause 29 (Notices) is true and correct in all respects until it has received from such Lender notice of a change to the Facility Office or any such information and act upon any such notice until the same is superseded by a further notice;
23.6.3 engage and pay for the advice or services of any lawyers, accountants, surveyors or other experts whose advice or services may to it seem necessary, expedient or desirable and rely upon any advice so obtained;
23.6.4 rely as to any matters of fact which might reasonably be expected to be within the knowledge of an Obligor upon a certificate signed by or on behalf of such Obligor;
23.6.5 rely upon any communication or document believed by it to be genuine;
23.6.6 refrain from exercising any right, power or discretion vested in it as Agent under the Senior Finance Documents unless and until instructed as described in Clause 23.5 (Instructions) as to whether or not such right, power or discretion is to be exercised and, if it is to be exercised, as to the manner in which it should be exercised;
23.6.7 refrain from acting in accordance with any instructions to begin any action or proceeding arising out of or in connection with the Senior Finance Documents until it shall have received such security as it may require (whether by way of payment in advance or otherwise) for all costs, claims, losses, expenses (including legal fees) and liabilities which it shall or may expend or incur in complying with such instructions;
23.6.8 refrain from acting where to do so would put it in breach of an applicable Legal Requirement;
23.6.9 treat each Facility Agent as the duly appointed and authorised agent of the relevant L...
Discretions. 5.2.1 Within three months of the Commencement Date, the Admission Body shall provide the Administering Authority with a statement of the Admission Body's policies concerning the exercise of its functions under Regulations 16(2)(e), 16(4)(d), 30(6), 30(8) 31 of the Regulations. The statement must follow the form of statement prescribed by the Administering Authority as from time to time in place. The Admission Body must keep these policies under review. Where the Admission Body determines to revise any of its policies, the Admission Body must publish the revised statement and send a copy of it to the Administering Authority within one month of the determination.
5.2.2 The Admission Body will notify the Administering Authority promptly in writing of each occasion on which it exercises a discretion under the Regulations and the manner in which it exercises that discretion.
Discretions. 20.1 Nothing in these Terms of Business shall limit the manner in which we will exercise discretionary powers vested in us by you or for your benefit or otherwise in connection with the Services.
Discretions. Where this Agreement confers on NAB a right or discretion, NAB will exercise that right or discretion reasonably after having regard to its legitimate business requirements.
Discretions. References to the exercise of discretions shall include the forming of opinions and the giving of approvals.
Discretions. Any liberty or power which may be exercised or any determination which may be made under this Agreement by the Collateral Agent or any Receiver may, subject to the terms and conditions of the Intercreditor Arrangements and to any requirement of reasonableness required under this Agreement, be exercised or made in its absolute and unfettered discretion without any obligation to give reasons.
Discretions. The Account Bank:
(a) may assume, unless it has in its capacity as Account Bank received notice to the contrary from the Issuer Security Trustee or any other party hereto or has actual knowledge to the contrary, that no Senior DSCR Enforcement Event or Issuer Event of Default or from the AssetCo Security Trustee or any other party hereto that no AssetCo Event of Default, in each case has occurred and is continuing;
(b) may engage and pay for proper costs in relation to the advice or services of any lawyers, accountants, surveyors or other experts whose advice or services may to it seem reasonably necessary and rely upon any advice so obtained;
(c) may rely as to any matters of fact which might reasonably be expected to be within the knowledge of ParentCo or the Issuer upon a certificate signed by or on behalf of ParentCo or the Issuer;
(d) may in the absence of actual knowledge of fraud or deception, rely upon any communication or document believed by it to be genuine; and
(e) notwithstanding any other provision to the contrary, is not obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or a breach of a duty of confidentiality.
