Common use of Instructions and Transactions Clause in Contracts

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 responsibility for taking action either to exercise or not to exercise an Options Contract. GTJAS is not required to take any action with respect to an Options Contract, including but not limited to any action to exercise a valuable Options prior to its expiration date or to prevent the automatic exercise of an Options, except upon the Client’s express Instructions. The Client further understands that GTJAS has established exercise cut-off times, which may be earlier than the times established by the SEHK or the SEOCH.

Appears in 2 contracts

Samples: Client Agreement for Stock Options Trading, Client Agreement for Stock Options Trading

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Instructions and Transactions. 5.1 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 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 SEHKrelevant exchange. 5.3 5.3. GTJAS may decline to accept any Instruction from the Client Client, restrict or prohibit trading in the Client’s Account or terminate Client’s use of GTJAS’s service at any time 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 offer service or omitting so to notify the Client. 5.4 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, service provider or broker 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 5.5. GTJAS shall execute Client orders as agent, unless otherwise confirmed. GTJAS can execute Client orders as principal. GTJAS may use another broker, or an Affiliate, to execute orders, and they shall have benefit of all GTJAS’s rights under this Agreement. GTJAS will select the market and dealer to which to route Client’s orders. GTJAS cannot guarantee execution of every order at the best posted price; GTJAS 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. 5.6. 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 5.7. The Client acknowledges and consents that in respect of Options Contracts listed in Hong Kong, 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 5.8. The Client understands that the SEHK and the SEHK, SEOCH or other relevant exchange or clearing house have established cut-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- in-the-money” Options unless instructed otherwise. The Client acknowledges full responsibility for taking action either to exercise or not to exercise an Options Contract. GTJAS is not required to take any action with respect to an Options Contract, including but not limited to any action to exercise a valuable Options prior to its expiration date or to prevent the automatic exercise of an Options, except upon the Client’s express Instructions. The Client further understands that GTJAS has established exercise cut-off times, which may be earlier than the times established by the SEHK SEHK, SEOCH or the SEOCHrelevant exchange or clearing house. 5.9. Client agrees to monitor each order until GTJAS confirms execution or cancellation. Client acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous or may be cancelled or adjusted by an exchange. Client is bound by the actual order execution, if consistent with Client’s order. If GTJAS confirms execution or cancellation in error and Client delays reporting such error, GTJAS reserves the right to remove the trade from the Account or require Client to accept the trade, in GTJAS’s discretion. 5.10. Client agrees to notify GTJAS immediately if: (i) Client fails to receive an accurate confirmation of an execution or cancellation; (ii) Client receives a confirmation that is different than Client’s order; (iii) Client receives a confirmation for an order that Client did not place; or (iv) Client receives an Account statement, confirmation, or other information reflecting inaccurate orders, trades, balances, positions, margin status, or transaction history. 5.11. Client acknowledges that GTJAS may adjust Client’s Account to correct any error. Client agrees to promptly return to GTJAS any assets erroneously distributed to Client. 5.12. Subject to all relevant Rules, Client authorizes GTJAS to execute proprietary trades of itself and its affiliates, though GTJAS may simultaneously hold unexecuted Client orders for the same products at the same price. 5.13. GTJAS, its affiliates, and their respective directors and or employees may trade on their own Account and, subject to all relevant Rules, GTJAS and its affiliates may take the opposite position to the Client’s order in relation to any securities, futures and options positions, whether on GTJAS’s or its affiliate’s own account or for the account of another client of GTJAS. 5.14. Prior to the start of the last trading day before expiration, Client agrees to liquidate or close out any long or short option position or other rights position that an Account holds for which the Account has insufficient equity or may have insufficient equity at expiration to exercise (or be assigned on) such position and to then carry the resulting underlying position. Client acknowledges that approaching expiration with long or short options for which an Account does not or may not have sufficient equity to hold the underlying position puts Client and GTJAS at serious risk (including the risk of market movements in the underlying product between expiration and the next opening of the market in the product). If Client has not closed out a long or short option or other rights position prior to the start of the last trading day before expiration, and if GTJAS in its sole discretion determines that an Account has or may have insufficient equity to hold the underlying position upon expiration, GTJAS has the right, in its sole discretion, to do any or all of the following and GTJAS and its Clients shall have no claim for damages or lost profits resulting from any or all of the following: a) GTJAS may liquidate some or all of the options or rights position prior to expiration; b) GTJAS may lapse some or all of the options even if in-the-money at expiration; and

Appears in 1 contract

Samples: Client Agreement for Stock Options Trading

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Instructions and Transactions. 5.1 6.1. 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 6.2. 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 SEHKrelevant exchange, clearing house or trading venue. 5.3 6.3. GTJAS may decline to accept any Instruction from the Client Client, restrict or prohibit trading in the Client’s Account or terminate Client’s use of GTJAS’ service at any time 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 offer service or omitting so to notify the Client. 5.4 6.4. 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, service provider or broker 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 6.5. GTJAS shall execute Client orders as agent, unless otherwise confirmed. GTJAS can execute Client orders as principal. GTJAS may use another broker, or an Affiliate, to execute orders, and they shall have benefit of all GTJAS’ rights under this Agreement. GTJAS will select the market and dealer to which to route Client’s orders. GTJAS cannot guarantee execution of every order at the best posted price; GTJAS 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. 6.6. 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 6.7. The Client understands that the SEHK and the SEOCH relevant exchange, clearing house or trading venue may have established cut-off times for the tender of exercise Instructions and that an Options any Option Contract will become worthless if exercise Instructions are not delivered before such expiration time. The Client also understands that the SEHK and the SEOCH relevant exchange, clearing house or trading venue may automatically will exercise some “in- in-the-money” Options unless instructed otherwise. The Client acknowledges full responsibility for taking action either to exercise or not to exercise an Options Contract. GTJAS is not required to take any action with respect to an Options Contract, including but not limited to any action to exercise a valuable Options prior to its expiration date or to prevent the automatic exercise of an Options, except upon the Client’s express Instructions. The Client further understands that GTJAS has established exercise cut-off times, which may be earlier than the times established by the SEHK relevant exchange, clearing house or trading venue. 6.8. Client agrees to monitor each order until GTJAS confirms execution or cancellation. Client acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous or may be cancelled or adjusted by an exchange, clearing house or trading venue. Client is bound by the SEOCHactual order execution, if consistent with Client’s order. If GTJAS confirms execution or cancellation in error and Client delays reporting such error, GTJAS reserves the right to remove the trade from the Account or require Client to accept the trade, in GTJAS’ discretion. 6.9. Client agrees to notify GTJAS immediately if: (i) Client fails to receive an accurate confirmation of an execution or cancellation; (ii) Client receives a confirmation that is different than Client’s order; (iii) Client receives a confirmation for an order that Client did not place; (iv) Client receives an Account statement, confirmation, or other information reflecting inaccurate orders, trades, balances, positions, margin status, or transaction history and (v) the Client is aware of any loss or theft of user names or passwords, or any unauthorised access to the Account. 6.10. Client acknowledges that GTJAS may adjust Client’s Account to correct any error. Client agrees to promptly return to GTJAS any assets erroneously distributed to Client. 6.11. Subject to all relevant Rules, Client authorizes GTJAS to execute proprietary trades of itself and its affiliates, though GTJAS may simultaneously hold unexecuted Client orders for the same products at the same price. 6.12. GTJAS, its affiliates, and their respective directors and or employees may trade on their own Account and, subject to all relevant Rules, GTJAS and its affiliates may take the opposite position to the Client’s order in relation to any securities, futures and options positions, whether on GTJAS’ or its affiliate’s own account or for the account of another client of GTJAS. 6.13. At the appropriate time before expiration in accordance with contract terms, the Rules, as designated by relevant exchange, clearing house or executing broker of GTJAS or at such other time as notified by GTJAS to Client, Client agrees to liquidate or close out any long or short option position or other rights position that an Account holds for which the Account has insufficient equity or may have insufficient equity at expiration to exercise (or be assigned on) such position and to then carry the resulting underlying position. Client acknowledges that approaching expiration with long or short options for which an Account does not or may not have sufficient equity to hold the underlying position puts Client and GTJAS at serious risk (including the risk of market movements in the underlying product between expiration and the next opening of the market in the product). If Client has not closed out a long or short option or other rights position as required, and if GTJAS in its sole discretion determines that an Account has or may have insufficient equity to hold the underlying position upon expiration, GTJAS has the right, in its sole discretion, to do any or all of the following and GTJAS and its Clients shall have no claim for damages or lost profits resulting from any or all of the following: a) GTJAS may liquidate some or all of the options or rights position prior to expiration; b) GTJAS may lapse some or all of the options even if in-the-money at expiration; and c) GTJAS may allow some or all of the options to be exercised or assigned and then may liquidate some or all of the resulting position.

Appears in 1 contract

Samples: Client Agreement for Us Securities Trading Services

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