Joint Account. If your Account is a joint account, you (collectively the “Joint Owners”) acknowledge that: (a) All of the Joint Owners shall be jointly and severally liable for the obligations assumed in this Agreement; (b) Any one or more Joint Owners shall have the authority to act on behalf of all Joint Owners, all without notice to the other Joint Owners; (c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to the Account; (d) OANDA is authorized to act on the Instructions of any Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions; (e) Each Joint Owner agrees to indemnify and save OANDA harmless from and against any and all claims that may arise as a result of OANDA following the Instructions given to it by any Joint Owner; (f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA notice thereof and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and (g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this Agreement.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Joint Account. 2.11.1 If your any Account is a joint account, you opened in the names of two or more persons (collectively the “Joint OwnersAccount”) acknowledge that:
(a) All of the Joint Owners ), such persons shall be jointly and severally liable for all liabilities incurred in respect of the Joint Account and jointly and severally responsible for all payments and obligations assumed arising from the Joint Account.
2.11.2 In the event that any Account is a Joint Account, the Joint Account Holders (collectively, the “Joint Account Holders” and individually a “Joint Account Holder”) agree as follows:
(a) any Instructions of whatever nature in this Agreementrespect of the operation of the Joint Account or any transaction thereunder (whether oral or written) from ANY ONE of the Joint Account Holders will be accepted by uSMART SG and will be binding on the other Joint Account Holder(s). However, uSMART SG may at any time require all Joint Account Holders to expressly give their consent to uSMART SG in such manner as uSMART XX xxxxx appropriate before uSMART SG chooses to act upon any Instruction in relation to any Joint Account. The Joint Account Holders acknowledge and agree that uSMART SG is entitled to decline to act upon any Instructions in respect of any Joint Account without incurring any responsibility for Losses, that may be sustained or incurred, whether directly or indirectly, as a result of or in connection with such decision not to act;
(b) Any one or more except as notified in writing by the Joint Owners Account Holders to uSMART SG, delivery of any documents to any Joint Account Holder shall have the authority be deemed sufficient delivery to act on behalf of all Joint Owners, all without notice to the other Joint OwnersAccount Holders;
(c) Each payment made by uSMART SG to any Joint Owner hereby appoints each Account Holder shall constitute good sufficient and every other effective discharge of its’ payment obligations under these terms and conditions;
(d) no Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to Account Holder will have a separate or divisible share in the Account;
(de) OANDA is authorized to act on the Instructions Account will be held by the Joint Account Holders jointly and that upon the death of any one Joint OwnerAccount Holder, uSMART SG shall, without further inquiry prejudice to any of its rights under general law and subject to any Applicable Law, treat the surviving Joint Account Holder as being the sole beneficiary to the Account. Such surviving Joint Account Holder shall be entitled to deal with regard to all Transactionsthe Account in any manner, including without limitation, dealing with the Securities or other assets held in such Account and dealing in Securities through the Account, provided always that any Funding Activitydealing in such Securities or assets by the Joint Account Holder will be subject to any Applicable Law, customs or practice of the placement of Ordersrelevant Exchange(s), entering into of Trades, and the disposition or of any custodians and/or depository agents having custody of the relevant Securities or all assets in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA harmless from and against any and all claims that may arise as a result of OANDA following the Instructions given to it by any Joint Owner;assets; and
(f) In uSMART SG may from time to time impose vary the event of the death requirements or legal incapacity of any impose additional requirements in relation to Joint Owner, the survivors shall immediately give OANDA notice thereof Accounts and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred Account Holders by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing notification to the contrary, the Account Client in accordance with Clause 8 (“Additional Requirements”). These changes shall be deemed Joint Tenants with Right of Survivorship and to have been incorporated in the event Agreement and shall be binding on the Client upon the earlier of (i) the death Client's continued use of a Joint Ownerany service provided under the Agreement or (ii) 7 calendar days from the date of such notice. If the Client does not agree to such changes, the entire interest Client must discontinue operating the Joint Accounts and/or utilising any services provided under the Agreement and shall raise its objections with the Company in writing within 7 calendar days from the date of such notice. The Client acknowledges and agrees that if the Client does not accept the Additional Requirements, the Client shall have the right to terminate this Account shall be vested Agreement in accordance with the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability termination clause under this Agreement. The Client further agrees that the Additional Requirements shall be deemed to be accepted by the Client, should the Client continue to effectuate Transaction(s) in the Joint Account without expressively communicate the Client objections to such amendments prior to the Transaction(s).
2.11.3 uSMART SG shall be at liberty to release any one or more of the Joint Account Holders from their liabilities and obligations under these terms and conditions, to compound with or otherwise vary or agree to vary the liability of, or to grant time or other indulgence to, or make other arrangements with, any one or more of the Joint Account Holders, without prejudicing or affecting their rights, powers and remedies against any other Joint Account Holder.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Joint Account. If your 5.1 Each Joint Account is a joint account, you (collectively Holder jointly and severally agrees to all the “Joint Owners”) acknowledge that:
(a) All of the Joint Owners terms in this Agreement and/or any Applicable Agreement and shall be jointly and severally liable for all obligations and Liabilities incurred on or in respect of such Joint Account and pursuant to this Agreement and/or any Applicable Agreement. The Liability of each Joint Account Holder shall not be discharged or affected in any way by the obligations assumed death or incapacity of any other Joint Account Holder.
5.2 In relation to a Joint Account opened with a joint alternate authority, any Instruction given and/or any Applicable Agreement and/or other documents duly signed by any one Joint Account Holder (whether in writing, orally or by electronic means as prescribed by the Bank) in accordance with the signing requirements specified in the Account Application will be accepted and be binding on each and every Joint Account Holder.
5.3 Where the Joint Account is operated with joint authority, any written Instruction may be given by the Joint Account Holders in one or more counterparts, all of which when taken together shall constitute one and the same Instruction and will be binding on all the Joint Account Holders. Notwithstanding the foregoing and/ or any signing requirement specified in the Account Application, you agree that any Joint Account Holder may give Instructions (orally or by electronic means as prescribed by the Bank) to us singly and we shall be entitled (but not obliged) to act on such Instructions and all the Joint Account Holders shall be liable for any such Instruction as if they had given such Instructions jointly.
5.4 We may (but shall not be obliged to) credit the Joint Account with funds received in favour of any Joint Account Holder without prior notice unless specific Instructions to the contrary are given to us.
5.5 You agree to dispense with giving each Joint Account Holder a separate set of Communications and/or any other correspondence in relation to the Joint Account and that only one set of Communications and/or correspondence shall be sent to the Mailing Address. Notwithstanding any other provision to the contrary in this Agreement;, any Communications and/or other correspondence sent, despatched or delivered by us to any one Joint Account Holder shall be deemed to have been sent and received by all the Joint Account Holders.
(a) Upon receipt of notice of the death of any Joint Account Holder, we may, subject to the production and/or execution of such documents (including any grant of probate or letters of administration) and/or indemnities as we may require, hold the Assets in the Joint Account to the order of the surviving Joint Account Holder(s). This shall be without prejudice to any right (whether present, future, actual, contingent or otherwise) that we may have in respect of any Asset in the Joint Account arising out of any lien, charge, pledge, set-off, counterclaim or otherwise or to any step which we may consider desirable to take in respect of the Joint Account to establish the legality of such holding or in view of any claim by any person other than the surviving Joint Account Holder(s).
(b) Any one or more transfer made by us in our absolute discretion of the Assets in the Joint Owners shall have the authority to act on behalf of all Joint Owners, all without notice Account to the other surviving Joint Owners;Account Holder(s) shall constitute a complete discharge of our obligations under this Agreement and/or any Applicable Agreement and we shall be released from all demands, claims, suits and actions whatsoever by the heirs, beneficiaries, executors and/or administrators of the deceased Joint Account Holder.
(c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect Without limitation to the Account;
(d) OANDA is authorized to act on generality of Clause 31, each surviving Joint Account Holder and/or the Instructions personal representatives of any deceased Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets in the Account. OANDA Account Holder shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA hold us harmless from and against any claim, demand, action and all claims proceeding that may arise as be brought against us and any Losses which we may incur or suffer arising out of or in connection with:
(i) the closure of the Joint Account and, if applicable, the opening of a result new bank account and/or the transfer of OANDA following any Asset from the Instructions given Joint Account to it by any Joint Ownersuch new account;
(fii) In the event any transfer of the death Assets in the Joint Account to the surviving Joint Account Holder(s);
(iii) us acting upon or legal incapacity carrying out any Instruction given or purported to be given by the surviving Joint Account Holder(s) and/or the personal representatives of any deceased Joint Owner, Account Holder;
(iv) any suspension and/or freezing of the survivors shall immediately give OANDA notice thereof operation of the Joint Account and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, the retention of the Assets in its sole discretion, to protect itself against the Joint Account; and
(v) any tax, liability, penalty or loss. The estate dispute between any surviving Joint Account Holder and any personal representative of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liableAccount Xxxxxx. DBS Bank Ltd., jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this Agreement.Singapore 14 Co. Reg. No. 196800306E
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Joint Account. If your Account is a joint account, you (collectively the “Joint Owners”) acknowledge that:
(a) All of the Joint Owners shall be jointly and severally liable for the obligations assumed in this Agreement;
(b) Any one or more Joint Owners shall have the authority to act on behalf of all Joint Owners, all without notice to the other Joint Owners;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to the Account;
(d) OANDA Hankotrade is authorized to act on the Instructions of any Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets in the Account. OANDA Hankotrade shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA Hankotrade harmless from and against any and all claims that may arise as a result of OANDA Hankotrade following the Instructions given to it by any Joint Owner;
(f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA Hankotrade notice thereof and OANDA Hankotrade may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA Hankotrade deems advisable, in its sole and absolute discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe and the surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA Hankotrade for any obligations incurred prior to OANDAHankotrade’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDAHankotrade, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA advice Hankotrade in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this Agreement.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Joint Account. If your 21.6.1 Where the Account is a joint account, you (collectively unless otherwise stated in the “Joint Owners”) acknowledge that:
(a) All Account Application, SHKIS may accept instructions from any of the Joint Owners shall joint account holders, and each joint account holder agrees with the others to be jointly and severally liable for the all obligations assumed in connection with this Agreement;
(b) Any one . SHKIS has no obligation to inquire into the purpose or propriety of any instruction given or to see to the application of any funds delivered by Client or any or more Joint Owners of the joint account holders in respect of the Account. SHKIS shall have be at liberty to release or discharge any of the authority to act on behalf of all Joint Owners, all without notice to the other Joint Owners;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as joint account holders from his/her agent liability hereunder or to accept any proposition from or make other arrangements with any of the joint account holders without releasing or discharging the obligations of the other or others from or otherwise prejudicing or affecting the rights and confers upon each remedies of SHKIS against the other or others and every Joint Owner none of the broadest possible power joint account holders nor shall this Agreement be released or discharged by the death of any one of them.
21.6.2 Any Advice, report, notice or communication given to any joint account holder in accordance with respect this Agreement shall be deemed to have been duly given to all joint account holders unless: (i) Client’s correspondence address has been provided in the Account Application, in which case, any such Advice, report, notice or communication shall be sent to that correspondence address or such other correspondence address as subsequently notified to SHKIS in accordance with this Agreement; or (ii) Client has requested and SHKIS has accepted that all Advice shall be sent to the Accountemail addresses of all joint account holders, being the last notified email addresses on SHKIS’s records and in such case, all Advice shall be so given. Any Advice, report, notice or communication given by SHKIS pursuant to the foregoing shall be deemed to have been received by all joint account holders and shall be binding on all of them.
21.6.3 The joint account holders each acknowledge and agree that if any one of them should die,
21.6.3.1 the surviving joint account holder(s) should immediately notify SHKIS in writing of the death;
(d21.6.3.2 SHKIS is to pay or deliver to or to the order of the surviving joint account holder(s) OANDA is authorized any moneys, investments, property, instruments and/or documents standing to act on the Instructions credit of or held for the Account, without prejudice to any right SHKIS may have in respect of the same arising out of any Joint Ownerset-off, without further inquiry with regard counterclaim, lien, charge, pledge or otherwise whatsoever or to all Transactionsany step which SHKIS may deem it desirable to take in view of any third party claims thereto and/or for protecting the interest of SHKIS and/or other member(s) of the Group and SHKIS shall be entitled to require the surviving joint account holder(s) to give and/or sign such document(s) as prescribed by SHKIS before releasing any money, including investment, property, instrument or document to or to the order of such survivor(s); and
21.6.3.3 SHKIS shall not in any circumstances be liable in any way for any claim, loss, damages, liability, cost, expenses or whatsoever suffered or incurred by any person or entity (including, without limitation, the surviving joint account holder(s)), directly or indirectly, arising from or in connection with any Funding Activity, action or inaction taken or chosen by SHKIS pursuant to Clause 21.6.3.2 or any breach of this Clause 21.6.3 by any of the placement of Orders, entering into of Trades, joint account holders; and the disposition of any or all assets in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees joint account holders each agree to indemnify SHKIS against all claims, losses, damages, liabilities, costs, expenses and save OANDA harmless whatsoever suffered or incurred by SHKIS, directly or indirectly, arising from and against or in connection with any and all claims that may arise as a result action or inaction taken or chosen by SHKIS pursuant to Clause 21.6.3.2 or any breach of OANDA following the Instructions given to it this Clause 21.6.3 by any Joint Owner;
(f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA notice thereof and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this Agreementjoint account holders.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Joint Account. If your the IA Account is a joint account, you (collectively each Client having an interest in the “Joint Owners”) acknowledge that:
(a) All of the Joint Owners joint IA Account shall be jointly and severally liable called a Joint Holder for the obligations assumed in purpose of this Agreement;
(b) Any one or more Section. Joint Owners shall Tenants with Right of Survivorship: If the IA Account Holders have the authority elected to act on behalf hold their IA Account as joint tenants with right of all survivorship, each Joint Owners, all without notice to the other Joint Owners;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as Holder declares that his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to the Account;
(d) OANDA is authorized to act on the Instructions of any Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets interest in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA harmless from and against any and all claims that may arise joint IA Account is held as a result joint tenant with full rights of OANDA following the Instructions given to it by any Joint Owner;
(f) survivorship . In the event of the death or legal incapacity of any either Joint Owner, the survivors shall immediately give OANDA notice thereof and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint OwnerHolder, the entire interest in this the joint IA Account shall be vested in become the property of the surviving IA Account Xxxxxx(s) and the estate of the deceased will have no interest . The death of one Joint Holder shall not terminate the joint IA Account nor affect the rights of the survivor(s) to it; rather, all proceeds of and rights to the joint IA Account pass automatically, without any additional instruction to the Custodian, to the surviving Joint Owners on Holder, or to the same terms surviving Joint Holders jointly . Tenants in Common: If the IA Account Holders have elected to hold their IA Account as tenants in common, each Joint Holder declares his/her interest in the IA Account is held as a tenant in common without rights of survivorship . In the event of death of either applicant, the deceased’s portion of Securities in the joint account passes to his or her beneficiaries in accordance with his or her will or under intestacy and conditions does not pass to the surviving Joint Holder(s) . The interest of the Joint Holders in the account shall be deemed to be equal unless otherwise specified by all IA Account Holders or their authorized representatives in writing . In addition to the other provisions of this Agreement the Joint IA Account Holders agree that the securities of the joint IA Account, held either as previously heldjoint tenants with right of survivorship or tenants in common, and the instructions relating to the joint IA Account will be handled as follows:
a) The Custodian may accept any instructions regarding the joint IA Account, including withdrawal and payment orders, from any one of the Joint Holders without requiring the authorization or consent of the other Joint Holders, subject to any contrary instructions received in writing and executed by all Joint Holders;
b) The Custodian may credit the joint IA Account with the proceeds of any manner releasing cheque or other instrument payable to any one or more of the deceased Joint Owner IA Account Holders;
c) Joint IA Account Holders are responsible individually and together (and in Quebec, solidarily) for all liabilities respecting the joint IA Account including payment of fees, charges and if applicable, Overdraft charges; and
d) Each Joint IA Account Holder jointly and severally agrees to indemnify and hold the Custodian and its employees, officers, directors, agents and nominees harmless from any loss, liability under this Agreementor expense resulting from the Custodian acting in accordance with the above authority . Without any way limiting the authority granted, the Custodian is authorized, in its absolute discretion to require joint action by all of the Joint Holders of a joint IA Account with respect to any matter concerning such joint IA Account including but not limited to the giving or cancellation of orders and the withdrawal of securities .
Appears in 1 contract
Joint Account. 2.11.1 If your any Account is a joint account, you opened in the names of two or more persons (collectively the “Joint OwnersAccount”) acknowledge that:
(a) All of the Joint Owners ), such persons shall be jointly and severally liable for all liabilities incurred in respect of the Joint Account and jointly and severally responsible for all payments and obligations assumed arising from the Joint Account.
2.11.2 In the event that any Account is a Joint Account, the Joint Account Holders (collectively, the “Joint Account Holders” and individually a “Joint Account Holder”) agree as follows:
(a) any instructions (including trading and settlement instructions), authorisation, act, admission, agreement or settlement of whatever nature in this Agreementrespect of the operation of the Joint Account or any transaction thereunder (whether oral or written) from ANY ONE of the Joint Account Holders will be accepted by USPL and will be binding on the other Joint Account Holder(s). However, USPL may at any time require all Joint Account Holders to expressly give their consent to USPL in such manner as USPL deems appropriate before USPL chooses to act upon any Instruction in relation to any Joint Account. The Joint Account Holders acknowledge and agree that USPL is entitled to decline to act upon any instructions in respect of any Joint Account without incurring any responsibility for loss, liability, or expense arising out of so declining to act;
(b) Any one or more except as notified in writing by the Joint Owners Account Holders to USPL, delivery of any documents to any Joint Account Holder shall have the authority be deemed sufficient delivery to act on behalf of all Joint Owners, all without notice to the other Joint OwnersAccount Holders;
(c) Each payment made by USPL to any Joint Owner hereby appoints each Account Holder shall constitute good sufficient and every other effective discharge of its’ payment obligations under these terms and conditions;
(d) no Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to Account Holder will have a separate or divisible share in the Account;
(de) OANDA is authorized to act on the Instructions Account will be held by the Joint Account Holders jointly and that upon the death of any one Joint OwnerAccount Holder, USPL shall, without further inquiry prejudice to any of its rights under general law and subject to any Singapore laws/rules and applicable foreign laws/rules, treat the surviving Joint Account Holder as being the sole beneficiary to the Account. Such surviving Joint Account Holder shall be entitled to deal with regard to all Transactionsthe Account in any manner, including without limitation, dealing with the Securities or other assets held in such Account and dealing in Securities through the Account, provided always that any Funding Activity, dealing in such Securities or assets by the placement of Orders, entering into of Trades, Joint Account Holder will be subject to any Singapore laws/rules and applicable foreign laws/rules and the disposition rules, customs or practice of the relevant Exchange(s), or of any custodians and/or depository agents having custody of the relevant Securities or all assets in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA harmless from and against any and all claims that may arise as a result of OANDA following the Instructions given to it by any Joint Owner;assets; and
(f) In USPL may from time to time impose vary the event of the death requirements or legal incapacity of any impose additional requirements in relation to Joint Owner, the survivors shall immediately give OANDA notice thereof Accounts and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred Account Holders by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing notification to the contrary, the Account Client in accordance with Clause 8 (“Additional Requirements”). These changes shall be deemed Joint Tenants with Right of Survivorship and to have been incorporated in the event Agreement and shall be binding on the Client upon the earlier of (i) the death Client's continued use of a Joint Ownerany service provided under the Agreement or (ii) 7 calendar days from the date of such notice. If the Client does not agree to such changes, the entire interest Client must discontinue operating the Joint Accounts and/or utilising any services provided under the Agreement and shall raise its objections with the Company in writing within 7 calendar days from the date of such notice. The Client acknowledges and agrees that if the Client does not accept the Additional Requirements, the Client shall have the right to terminate this Account shall be vested Agreement in accordance with the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability termination clause under this Agreement. The Client further agrees that the Additional Requirements shall be deemed to be accepted by the Client, should the Client continue to effectuate Transaction(s) in the Joint Account without expressively communicate the Client objections to such amendments prior to the Transaction(s).
2.11.3 USPL shall be at liberty to release any one or more of the Joint Account Holders from their liabilities and obligations under these terms and conditions, to compound with or otherwise vary or agree to vary the liability of, or to grant time or other indulgence to, or make other arrangements with, any one or more of the Joint Account Holders, without prejudicing or affecting their rights, powers and remedies against any other Joint Account Holder.
Appears in 1 contract
Samples: Client Agreement
Joint Account. If your 4.1 The Joint Account is a joint account, you (collectively shall be operated jointly by the “Joint Owners”) acknowledge that:Vendors’ Solicitors and the Purchaser’s Solicitors in accordance with the Letter of Instructions.
(a) All 4.2 The Vendors and the Purchaser agree that upon either or both of them becoming entitled in accordance with the agreement to payment of any amount out of the Joint Owners Account they each shall within seven days after the date the entitlement arises give joint written instructions to the Vendors’ Solicitors and the Purchaser’s Solicitors to release such amount from the Joint Account in accordance with the terms of this agreement.
4.3 No amount (including interest) shall be jointly paid out of the Joint Account save as expressly permitted under this agreement or the Letter of Instructions. Interest shall be paid out to and severally liable for amongst the obligations assumed Vendors upon it being credited and the Letter of Instruction shall provide the instructions in regard to interest shall be given by the Warrantors alone.
4.4 On each occasion that the Purchaser wishes to make any Claim, Indemnity Claim, Environmental Claim, Tax Claim or any claim under clause 3.2 of this Agreement;agreement (“Relevant Holdings Claim”) the Purchaser shall serve notice on the Holdings Vendors’ Representative (copied to the Vendors’ Solicitors) (“Notice of Claim”) setting out the Purchaser’s genuine pre-estimate of the Warrantors’ liability in respect of a Relevant Holdings Claim (including the Purchaser’s reasonable costs and expenses in connection with enforcing the Relevant Holdings Claim) (“Claimed Amount”). For the avoidance of doubt, the Purchaser may serve a Notice of Claim even where required to pursue a third party (including any insurer) pursuant to paragraph 3 of Schedule 9.
(b) Any one or more 4.5 The parties shall procure that the Vendors’ Solicitors and the Purchaser’s Solicitors are instructed to instruct The Royal Bank of Scotland Plc to release from the Joint Owners shall have Account to the authority Warrantors on the Escrow Release Date the principal amount standing to act on behalf the credit of the Joint Account less the aggregate amount of all Unsatisfied Relevant Holdings Claims in respect of any Claimed Amounts.
4.6 Upon a Notice or Notices of Claim being served, the Claimed Amount shall be retained in the Joint OwnersAccount until such time as any Relevant Holdings Claim then asserted has been settled. Following settlement of any Relevant Holdings Claim, all without notice the parties shall procure that the Vendors’ Solicitors and the Purchaser’s Solicitors are instructed to instruct The Royal Bank of Scotland Plc to make a payment out of the Joint Account to the other Joint Owners;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect Purchaser of an amount equal to the Account;amount due to it in respect of the settlement of the Relevant Holdings Claim.
(d) OANDA is authorized 4.7 If at or at any time after the Escrow Release Date the amount standing to act the credit of the Joint Account exceeds the aggregate amount of all Unsatisfied Relevant Holdings Claim in respect of any Claimed Amounts the excess shall be paid to the Warrantors from the Joint Account and shall belong to them in the proportions in which they are entitled to the Consideration.
4.8 Any interest earned on the Instructions sums standing to the credit of any the Joint Owner, without further inquiry with regard Account from time to all Transactions, including without limitation, any Funding Activity, time shall belong to the placement of Orders, entering into of Trades, and the disposition of any or all assets Warrantors in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, proportions in which they are entitled to the Consideration and shall bear no liability for be paid to them as soon as practicable after the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees same shall be credited to indemnify and save OANDA harmless from and against any and all claims that may arise as a result of OANDA following the Instructions given to it by any Joint Owner;
(f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA notice thereof and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this AgreementAccount.
Appears in 1 contract
Samples: Share Purchase Agreement (Circor International Inc)
Joint Account. If your Account is a joint account, you (collectively the “Joint Owners”) acknowledge that:
(a) All of the Joint Owners shall be jointly and severally liable for the obligations assumed in this Agreement;
(b) Any one or more Joint Owners shall have the authority to act on behalf of all Joint Owners, all without notice to the other Joint Owners;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to the Account;
(d) OANDA FINPRO TRADING is authorized to act on the Instructions of any Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets in the Account. OANDA FINPRO TRADING shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA FINPRO TRADING harmless from and against any and all claims that may arise as a result of OANDA FINPRO TRADING following the Instructions given to it by any Joint Owner;
(f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA FINPRO TRADING notice thereof and OANDA FINPRO TRADING may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA FINPRO TRADING deems advisable, in its sole and absolute discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe and the surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA FINPRO TRADING for any obligations incurred prior to OANDAFINPRO TRADING’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDAFINPRO TRADING, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA FINPRO TRADING in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a Joint Owner, the entire interest in this Account shall be vested in the surviving Joint Owners on the same terms and conditions as previously held, without in any manner releasing the deceased Joint Owner from liability under this Agreement.
Appears in 1 contract
Samples: Customer Agreement
Joint Account. If your Account is a joint account15.1 Where the Client comprises more than one person but no more than 2 persons, you with the exception of estate accounts (collectively referred to as the “Joint OwnersAccount Holders” and severally as the “Joint Account Holder”) acknowledge that), the agreements, duties, obligations and liabilities of the Joint Account Holders under these Terms and Conditions shall at all times be joint and several and the Joint Account Holders and each of them hereby agree as follows:
(a) All in the absence of express instructions received by the Company as to which Joint Account Holder is authorised to give trading instructions, instructions given by any one of the Joint Owners Account Holders shall be jointly deemed to have been given by, and severally liable for binding on, all the obligations assumed in this AgreementJoint Account Holders;
(b) Any one or more in the absence of express instructions received by the Company as to which Joint Owners Account Holder is authorised to collect and/or receive cheques and/or scrips from the Company, delivery of cheques and/or scrips by the Company to any Joint Account Holder shall have be deemed to be delivery to all the authority to act on behalf of all Joint Owners, all without notice to the other Joint OwnersAccount Holders;
(c) Each Joint Owner hereby appoints each and every other Joint Owner as his/her agent and confers upon each and every Joint Owner the broadest possible power with respect to the Account;
(d) OANDA is authorized to act on the Instructions of any Joint Owner, without further inquiry with regard to all Transactions, including without limitation, any Funding Activity, the placement of Orders, entering into of Trades, and the disposition of any or all assets in the Account. OANDA shall have no responsibility for further inquiry into such apparent authority, and shall bear no liability for the consequences of its acts or omissions made in reliance upon any such Instructions;
(e) Each Joint Owner agrees to indemnify and save OANDA harmless from and against any and all claims that may arise as a result of OANDA following the Instructions given to it by any Joint Owner;
(f) In the event of the death or legal incapacity of any Joint Owner, the survivors shall immediately give OANDA notice thereof and OANDA may, before or after receiving such notice, take such action, require such documents, retain such assets and/or restrict such Transactions as OANDA deems advisable, in its sole discretion, to protect itself against any tax, liability, penalty or loss. The estate of the deceased Joint Owner andthe surviving Joint Owners shall continue to be liable, jointly and severally, to OANDA for any obligations incurred prior to OANDA’s receipt of written notice of the death of such Joint Owner, or for any costs incurred by OANDA, including reasonable attorney fees, in the liquidation of the Account, or adjustment of the interests of the surviving Joint Owners; and
(g) Unless the Joint Owners advise OANDA in writing to the contrary, the Account shall be deemed Joint Tenants with Right of Survivorship and in the event of the death of a any Joint OwnerAccount Holder, the entire interest in this Account shall be vested in the surviving Joint Owners Account Holder(s) shall have the right of survivorship and the Company shall be entitled to pay all monies and/or deliver Securities to the surviving Joint Account Holder(s) or any of them;
(d) any communications sent by the Company to:
(i) an address stated in the application form executed by the Joint Account Holder(s) for the purpose of opening the Account; or
(ii) to the last mailing address notified to the Company by any Joint Account Holder; or
(iii) an address registered on the same terms CDP’s records; shall be deemed to be sufficient delivery to all the Joint Account Holders.
(e) to pay GST at the prevailing rate in the event that any one of the Joint Account Holders is liable for GST;
(f) where any one of the Joint Account Holders is considered a foreigner for the purpose of the Global Securities Account (“GSA”) with the CDP (and conditions in consequence the Account is designated a foreign account), shares which are designated for local accounts may not be transacted for the Account; and
(g) to individually fill out the CIP as previously heldif each Joint Account Holder is an individual Account holder. Where only one Joint Account Holder completes and returns the CIP, without it shall be deemed that the other Joint Account Holder is confirming that any issue as to suitability determination is to be determined solely and wholly by reference only to the answers provided by the Joint Account Holder who completes and returns the CIP. Where both Joint Account Holders complete and return the CIP, it shall be deemed that both are representing that any issue as to suitability determination may be determined wholly by reference by either set of answers or information provided or (where relevant) an aggregate or consolidation of such answers and information. If the answers from one of the Joint Account Holder indicate a lower risk tolerance, both will be deemed to have communicated to the Company the lowest of such risk tolerance as their joint preferred risk tolerance for the Company to assume in any manner releasing making the deceased Company’s suitability determination where relevant. Answers and information provided by either Joint Owner from liability under this AgreementAccount Holder shall be deemed to be provided for both and binding and applicable equally to both.
Appears in 1 contract
Samples: Terms and Conditions