Instructions and Transactions. 5.1 Agents. CIF will act as Client’s agent in effecting Transactions unless CIF indicates (in the contract note for the relevant Transaction or otherwise) that CIF is acting as principal. Unless otherwise disclosed to Client orally or in writing, CIF and its directors and employees will carry out Instruction and effect transactions for the Account as agent for Client and not as principal. Unless otherwise proved to the contrary, Client acknowledges that any sale or purchase of Securities, Commodities, Futures Contracts and/or Option Contracts effected by CIF pursuant to Client’s Instruction or any Authorized Person on behalf of Client as aforesaid will not result from the selection or advice in the selection of such Securities, Commodities, Futures Contracts and/or Option Contracts by CIF.
5.2 Executing brokers. CIF may instruct executing brokers and overseas brokers and dealers (including Associates of CIF) in its absolute discretion deem fit to execute any Transactions and acknowledges that the terms of business of such executing brokers and overseas brokers and dealers and the applicable Rules of any relevant exchange and/or Clearing System on and through which such Transactions are executed and settled shall apply to such Transactions.
5.3 Instruction. Any one of the Authorized Persons is hereby authorized by Client to give Instruction in relation to the Account on behalf of Client and Client hereby undertakes with CIF from time to time and at all times to ratify and confirm any Instruction whatsoever given or purported to be given by any of the Authorized Persons for and on behalf of Client including without limitation any Instruction which may be given and purported to be given between the revocation. Client hereby agrees that any Instruction given and purported to be given by any of the Authorized Persons for and on behalf of Client after revocation by Client of his authority shall be valid and effectual in favor of CIF if at the time of the receipt of such Instruction CIF does not have actual notice of such revocation.
Instructions and Transactions. You and Your Firm are responsible for all instructions, messages, oral communication, telex, facsimile or other communications (including bids and offers) made through the System associated with Your identity and/or the Security Procedures assigned to You (“Instructions”), and such Instructions shall be binding on You and Your Firm. You transmit Instructions to Citibank at your own risk, and agree that Citibank will not be required to 6. Instrucciones y Transacciones. Usted y Su Firma serán responsables de todas las instrucciones, mensajes, comunicaciones orales, por télex, fax u otras comunicaciones (incluidas licitaciones y ofertas) realizadas a través del Sistema asociadas con Su identidad y/o los Procedimientos de Seguridad asignados a Usted (“Instrucciones”), y dichas Instrucciones serán vinculantes para Usted y Su Firma. Usted transmitirá Instrucciones a Citibank a su propio acknowledge receipt of any Instruction prior to processing such Instruction. You will not have a binding Transaction with Citibank until a confirmation of acceptance of that Transaction, including executed exchange rate, is transmitted by Citibank to You. You understand and agree that Citibank will accept and work orders on a best efforts basis. Citibank, in its sole discretion, may refuse to act on any Instruction, and may from time to time restrict trading in certain financial instruments. Citibank may reject, cancel or rescind any Transaction, or amend or vary the terms of any Transaction, in each case executed through the System including but not limited to circumstances in which (1) the Transaction was executed based on erroneous rates or prices, during a period of market volatility and/or constrained liquidity, in contravention or violation of any law or regulation or in circumstances illegal or improper and/or (2) the Confirmation was generated due to System error. Any such rejection, cancellation, rescission, amendment or variation as set out in this section 6 will be communicated to You as soon as reasonably practicable and where the terms of such Transaction have been amended or varied, the confirmation reflecting such amendment or variation shall supersede previous confirmations and constitute the prevailing record of the binding Transaction. Notifications of transactions by SMS or push notification shall not constitute a confirmation. You agree, represent and warrant, as applicable, on a continuing basis that: riesgo y acepta que Citibank no tendrá que acusar recibo d...
Instructions and Transactions. (i) You shall comply with all Applicable Laws with respect to any Transaction which you enter into, including, but not limited to, (i) satisfying any applicable qualification and capacity requirements (such as those regarding transacting FX Transactions); and
(ii) providing any supporting documents as proof of the legality of the FX Transactions and the related acts or underlying transactions, economic ground and legitimacy of the Parties involved, including the source of the funds entered or sent, prior to the closing of such FX Transaction, as prescribed under the Applicable Laws. You shall provide such supporting documents and/or settlement instructions as Citibank may deem necessary, within such time as may be determined by Citibank in its sole discretion, in order for You to comply with such Applicable Laws. Without limitation to the foregoing, and subject to the Applicable Laws, unless otherwise agreed to by Citibank, where You use the System to conduct FX Transactions, You shall, before such Transaction (in all situations no later than settlement of such transaction), have provided Citibank all satisfactory supporting documents and settlement instruction with respect to such transaction in accordance with the Applicable Law, as provided in Section 7. Where You use the System to transact any foreign exchange forward transaction, You shall provide the relevant satisfactory supporting documents and/or settlement instruction with respect to such transaction by its settlement in accordance with the Applicable Law.”
9. The Section 17 shall be amended as follows:
Instructions and Transactions. 5.1 Instructions may be given orally, in writing or electronically. GTJAS shall be entitled to rely and act upon any Instruction which purports or which GTJAS believes in good faith to have been given by the Client.
5.2 Unless the Client gives specific Instruction to GTJAS to the contrary and which Instruction is accepted by GTJAS, the Client acknowledges that all orders, Instruction or requests in relation to the Account are good for the day only and that they will lapse at the end of the official trading hours of the SEHK.
5.3 GTJAS may decline to accept any Instruction from the Client in its absolute discretion and without assigning any reason, whether in relation to the entering into or closing out of any Options Contract, or the exercise of any rights thereunder. In such event, GTJAS will endeavour to notify the Client accordingly, but GTJAS shall not in any circumstances whatsoever be liable in any way for any loss of profit or gain, damage, liability, cost or expense suffered or incurred by the Client arising out of or in connection with GTJAS declining to act on such Instruction or omitting so to notify the Client.
5.4 GTJAS may, for the purpose of carrying out any Instruction given by the Client, contract with or otherwise deal with or through any other agent, including any person or party associated in any manner with GTJAS, on such terms and conditions as GTJAS may in its absolute discretion determine.
5.5 Subject to applicable laws and regulations and market requirements, GTJAS may in its absolute discretion determine the priority in the execution of its clients' orders, having due regard to the sequence in which such orders were received, and the Client shall not have any claim of priority to another client in relation to the execution of any order received by GTJAS.
5.6 The Client acknowledges and consents that GTJAS shall, at its absolute discretion, be entitled to claim margin offset for the Client's positions through the Client Offset Claim Account ("COCA") in Derivatives Clearing and Settlement System (“DCASS”) of the HKEx.
5.7 The Client understands that the SEHK and the SEOCH have established cut-off times for the tender of exercise Instructions and that an Options will become worthless if exercise Instructions are not delivered before such expiration time. The Client also understands that the SEHK and the SEOCH automatically will exercise some “in- the-money” Options unless instructed otherwise. The Client acknowledges full responsibil...
Instructions and Transactions. You and Your Firm are responsible for all instructions, messages, oral communications, telex, facsimilie or other communications (including bids and offers) made through the System associated with Your identity and/or the Security Procedures assigned to You (“Instructions”), and such Instructions shall be binding on You and Your Firm. You transmit Instructions to Citibank at Your own risk, and agree that Citibank will not be required to acknowledge receipt of any Instruction prior to processing such Instruction. You will not have a binding Transaction with Citibank until a confirmation of acceptance of that Transaction, including executed exchange rate, is transmitted by Citibank to You. You understand and agree that Citibank will accept and work orders on a best efforts basis. Citibank, in its sole discretion, may refuse to act on any Instruction, and may from time to time restrict trading in certain financial instruments. Citibank may reject, cancel or rescind any Transaction, or amend or vary the terms of any Transaction in each case executed through the System including but not limited to circumstances in which 1) the Transaction was executed based on erroneous rates or prices, during a period of market volatility and/or constrained liquidity, in contravention or violation of any law or regulation or in circumstances illegal or improper and/or 2) the Confirmation was generated due to System error. Any such rejection, cancellation, rescission, amendment or variation as set out in this section 6 will be communicated to You as soon as reasonably practicable and where the terms of such Transaction have been amended or varied, 6.
Instructions and Transactions. 5.1 Each Instruction given by the Member and each Authorized User shall be given in accordance with this Access Agreement and also with the Membership Agreement unless expressly stated otherwise in this Access Agreement. The provision of the Underlying Services by LCH to the Member shall at all times be governed by the terms and conditions of the Membership Agreement. The Member is only permitted to enter Instructions in connection with those Transactions which it is permitted to carry out pursuant to the Membership Agreement.
5.2 The Member shall access and use the Portal only via hardware with an IP address known to and recorded by LCH as being an IP address for that Member. The Member shall input, read and/or authorise Instructions on the Portal by following the on-screen guide. For any such Instruction to be valid, and before LCH will act upon it, it will need to be confirmed by two separate Authorized Users, both of which must have a level of access authorising them to input Instructions and one of which must have a level of access authorising him to authorise Instructions. The Member acknowledges that all Instructions issued by an Authorized User shall be treated as an Authorized instruction to LCH.
5.3 An Instruction shall only be treated as inputted to the Portal once the Instruction has been inputted by an Authorized User which is registered to input Instructions and LCH has received it. LCH will confirm that this Instruction has been received by sending that Authorized User email confirmation of the same unless that Authorized User has requested not to receive such emails. An Instruction shall only be treated as authorized by the Member on the Portal once the Instruction has been authorized by an Authorized User which is registered to authorise Instructions and LCH has received that authorization. LCH will confirm that this authorization has been received by sending that Authorized User email confirmation of the same unless that Authorized User has requested not to receive such emails. Such emails are not confirmation that any Transaction has been entered into, and the Member shall not treat it as such or place any such reliance upon it.
5.4 All Instructions are irrevocable once they have been acted upon by LCH and are settled. LCH will use commercially reasonable efforts to indicate that Instructions are settled by promptly updating the status of those Instructions on the Portal. Prior to an Instruction being settled, if a Member gives an instru...
Instructions and Transactions. 25.1 Unless otherwise agreed by Charterprime, all dealing instructions must be given to Charterprime electronically through the Client’s Trading Platform.
25.2 A dealing instruction given by the Client shall not take effect until actually received by the Company. In the absence of fraud, gross negligence or wilful misconduct on the Company’s part, the Company shall be entitled to act on the behalf of the Client upon instruction given or purporting to be given by the Client or any other person on the Client’s behalf without further inquiry as to the genuineness, authority or identity of any such person giving or purporting to give such instructions.
25.3 Charterprime may, in our sole and absolute discretion, refuse to accept any dealing instructions from the Client but will endeavour to notify the Client of any such refusal, without giving any reasons, promptly following receipt of the Client’s instructions. In addition, a dealing instruction that for any reason is not received by Charterprime in a manner in which it can be processed shall be deemed rejected by us.
25.4 Charterprime may cancel any instructions previously given by the Client provided that Charterprime have not acted on the Client’s instructions. Neither Charterprime, our affiliates, nor any of their directors, officers, employees and agents shall be liable for any loss or damage (including direct, indirect or consequential loss or loss of profits) suffered by the Client or any third party in connection any action or inaction under this Section, except to the extent that such loss or damage results directly from their fraud, gross negligence or wilful misconduct.
25.5 Execution of a dealing instruction by Charterprime shall constitute a binding agreement by the Client and Charterprime to a transaction between Charterprime on the terms of such instruction.
Instructions and Transactions. 4.1 SW will act as the Client's agent in effecting Transactions unless SW indicates (in the combined daily statement which includes the contract notes and receipts for the relevant Transaction or otherwise) that SW is acting as principal.
4.2 The Client agrees that SW shall not be accountable to the Client for any commissions, remuneration, rebates or other benefits which SW may receive from or offer to any person in respect of any Transaction or business conducted with the Client or on the Client’s behalf.
4.3 The Client agrees that SW (including SW’s directors, officers, licensed representatives and employees) does not provide tax, legal or investment advice nor does SW give advice or offer any opinion or recommendation with respect to the suitability of any Securities or Transactions. The Client agrees that the Client, independently and without reliance on SW, makes his own decisions and judgments with respect to his Instructions. Should the Client need investment advice from SW, a separate agreement has to be made between the Client and SW.
4.4 The Client or the Client’s Authorized Person(s) may give Instructions to SW (which SW may in its absolute discretion reject) to effect Transactions or other transactions for the Client. SW may act on such Instructions given orally, in writing or electronically which purport, and which SW reasonably believes to come from the Client or the Client’s Authorized Person(s) or to have been given on behalf of the Client. SW will not be under any duty to verify the capacity of the person(s) giving those Instructions.
4.5 Unless otherwise inform SW in writing, the Client confirms that the Client is the beneficial owner of the Securities under his Account free from any lien, charge, equity or encumbrance save as created by or under this Agreement and is ultimately responsible for originating the Instruction in relation to all Transactions. If, in relation to any particular Transaction in the Client’s Account, the Client is not the person or entity (legal or otherwise) ultimately responsible for originating the Instruction or the person or entity (legal or otherwise) that stands to gain its commercial or economic benefit and/or bear its commercial or economic risk, the Client undertakes and agrees to provide information on the identity, address and contact and other details of such person or entity to SW before giving the Instruction to SW. The Client also undertakes and agrees to provide such information to SW, or direct t...
Instructions and Transactions. 4.1 Unless otherwise agreed by us, all dealing instructions must be given to us electronically through your trading platform or our liquidity connection.
4.2 A dealing instruction given by you shall not take effect until actually received by us. In the absence of fraud, gross negligence or willful misconduct on our part, we shall be entitled to act on your behalf upon instruction given or purporting to be given by you or any other person on your behalf without further inquiry as to the genuineness, authority or identity of any such person giving or purporting to give such instructions.
4.3 We may, in our sole and absolute discretion, refuse to accept any dealing instructions from you but will endeavor to notify you of any such refusal, without giving any reasons, promptly following receipt of your instructions. In addition, a dealing instruction that for any reason is not received by us in a manner in which it can be processed shall be deemed rejected by us. We may cancel any instructions previously given by you provided that we have not acted on your instructions. Neither we, our affiliates, nor any of our or their directors, officers, employees and agents shall be liable for any loss or damage (including direct, indirect or consequential loss or loss of profits)
4.4 Execution of a dealing instruction by us shall constitute a binding agreement by you and us to a transaction between us on the terms of such instruction.
Instructions and Transactions. 44.1 Instructions may be given orally, in writing or electronically. uSMART SG shall be entitled to rely and act upon any Instruction which purports or which uSMART SG believes in good faith to have been given by the Client.
44.2 Unless the Client gives specific Instruction to uSMART SG to the contrary and which Instruction is accepted by uSMART SG, the Client acknowledges that all orders, Instruction or requests in relation to the Account are good for the day only and that they will lapse at the end of the official trading hours of the relevant exchange.
44.3 uSMART SG may decline to accept any Instruction from the Client, restrict or prohibit trading in the Client’s Account or terminate Client’s use of uSMART SG’s service at any time in its sole and absolute discretion and without assigning any reason. In such event, uSMART SG will endeavour to notify the Client accordingly, but uSMART SG shall not in any circumstances whatsoever be liable in any way for any loss of profit or gain, damage, liability, cost or expense suffered or incurred by the Client arising out of or in connection with uSMART SG declining to act on such Instruction or offer service or omitting so to notify the Client.
44.4 uSMART SG may, for the purpose of carrying out any Instruction given by the Client, contract with or otherwise deal with or through any other agent, service provider or broker including any person or party associated in any manner with uSMART SG, on such terms and conditions as uSMART SG may in its sole and absolute discretion determine.
44.5 uSMART SG shall execute Client orders as agent, unless otherwise confirmed. uSMART SG can execute Client orders as principal. uSMART SG may use another broker, or an Affiliate, to execute orders, and they shall have benefit of all uSMART SG’s rights under this Agreement. uSMART SG will select the market and dealer to which to route Client’s orders. uSMART SG cannot guarantee execution of every order at the best posted price; uSMART SG may not have access to every market or dealer; other orders may trade ahead; market centers may not honor posted prices or may re-route orders for manual handling; market rules, decisions or system failures may prevent/delay execution of Client’s orders or cause orders not to receive the best price. Client acknowledges that it may not be possible to cancel or modify an order and that Client is responsible for executions notwithstanding a cancel or modify request.
44.6 Subject to Applicable Law and m...
