LIMITATION OF LIABILITY; DATA NOT GUARANTEED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX, ANY OF ITS AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF THE APEX SERVICE BE LIABLE TO CORRESPONDENT, ANY CUSTOMER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF A WEB SITE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APEX SERVICE OR FOR ANY BREACH OF ANY WARRANTY OR OTHERWISE RELATED TO THIS AGREEMENT OR ANY APEX SERVICE. ALL DATA (AS DEFINED ABOVE) IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND THERE MAY BE DELAYS, OMISSIONS AND INACCURACIES IN SUCH DATA. NEITHER APEX NOR ITS AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF SUCH DATA OR ANY SERVICES (COLLECTIVELY, THE (“DISSEMINATING PARTIES”) CAN GUARANTEE, NOR DO APEX OR THEY GUARANTEE, THE CORRECTNESS, QUALITY, ACCURACY, SEQUENCE, TIMELINESS, CURRENTNESS, RELIABILITY, PERFORMANCE, COMPLETENESS, CONTINUED AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR OTHERWISE OF ANY DATA OR SERVICE (INCLUDING THIRD PARTY PROVIDER SERVICES) AND APEX AND THEY HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. The Disseminating Parties shall not be liable to Correspondent or to anyone else for any loss or injury, whether or not caused in whole or in part by their negligence or omission, in procuring, compiling, editing, writing, reporting or delivering any Data or Third Party Provider Services or by any Force Majeure Event or other cause beyond their reasonable control. The Disseminating Parties will not be liable to Correspondent or anyone else for any decision made or action taken by Correspondent in reliance on any Data. Correspondent agrees that neither Apex, nor its Third Party Providers shall be liable in any way for, any liability, costs, damages or loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension or delay of trading, equipment failure, communication line failure, system failure, security failure, unauthorized access, theft, Force Majeure Event or any problem, technological or otherwise, that might prevent Correspondent from accessing or utilizing the Services. MADE AND EXECUTED THIS 26th DAY OF January, 2021. This Agreement contains a pre-dispute arbitration clause in Section 17. Correspondent acknowledges receiving a copy of this Agreement. APEX: APEX CLEARING CORPORATION By: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, CEO 000 Xxxxx Xx. Xxxx Xxxxxx, Suite 1300 Dallas, Texas 75201 CORRESPONDENT: WEBULL FINANCIAL LLC By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, CEO 00 Xxxx Xxxxxx, Xxxxx 000 New York, NY 10005 EXT001 - Easy to Borrow List EXT235 - Mandatory Corporate Action EXT236 - Voluntary Corporate Action EXT249 - Option Strategies and Requirements EXT250 - Margin Calls EXT590 - Option Exercise and Assignments EXT596 - Trades moved to Error Account EXT747 - Security Master EXT765 - Account Master EXT869 - Cash Activity EXT870 - Stock Activity EXT871 - Position Activity EXT872 - Trade Activity EXT901 - Balances EXT902 - Margin Requirement Override EXT922 - Dividends EXT981 - Buying Power EXT982 - Margin Requirement by Position EXT983 - Prospectus Notification EXT985 - Monthly Returned Mail EXT986 - Daily Returned Mail EXT989 - Electronic Communication Preference EXT997 - Cash Available PFS110 - Third Party Disbursements PFS320 - Portfolio Margin Account Summary PFS330 - ACAT Reject Intraday PFS331 - ACAT Transfer Intraday PFS881 (Insite Report) - P&S Cancelations PFS882 (Insite Report) - Trade Detail Report PFS883 (Insite Report) - Submission / Margin PFS884 (Insite Report) - Submission / P&S Trade Total PFS885 (Insite Report) - Unsecured Customer Account Debits SD+9 PFS886 (Insite Report) - Aged Initial Margin Call Older than 5 Days PFS887 (Insite Report) - Aggregate Net Liquidating Equity PFS888 (Insite Report) - Margin Debt PFS889 (Insite Report) - Aged Maintenace Margin Calls Older than 5 Days PFS890 (Insite Report) - Short Positions PFS980 - Unidentified Large Trader Items Requiring Attention (DTATAC) (M) Margin Accounts W/O Papers (MANMP) (M) N&A Additions (ADDRP) (M) N&A Change Verification Notices (VER13) (M) N&A Changes (CHGR2) (M) W8 Not On File - Active Accounts (PICQ36A) (M) W8 Not On File - Inactive Accounts (PICQ36B) (M) W8 On File - Active Accounts (PICQ36C) (M) In Concert Account Link Report (IACTLST) LOPR Submissions (LOPRS) (M) OPTCAMG: (Options Papers Not on File) (M) OPTRPT: (Option Expirations Combined Report) (M+) OPTRPT3: (Option Limit - 99 or Greater Contracts) (M) OWCHOFA: (Owners DB - Accts Chgs to OFAC Status) RR Customer Money Line (RRML2) (M) Audit Trail OATS (OATSAUDP) Blue Sky RR Client Out of State Exceptions (BSKVIOL)(M) Blue Sky RR Registration by State (BSKSTAT)(M) Blue Sky State Registration of RRs (BSKSTRR)(M) Commission & Gross Credits Over 5% (COMOVER5) (M) Foreign Bank Report (PSICR98) (M) Monthly Account Surveillance (CMPMN) (M) RTTM Street/Cust Side Transaction Submissions (RTTMEOD)(M) E-Delivery Enrollments (ENROLL) (M) E-Delivery Failures (EFAILS) (M) E-Delivery Mailings (EMAILS) (M) Daily Inventory Long Report T/D (FTR501T) (M) Daily Inventory Short Report T/D (FTR506) (M) Firm Trading P&L Report T/D (FTRPLL) (M) Firm Trading Report S/D (FTRFTR) (M) Firm Trading Summary Report S/D MTD (FTRWKS) (M) ACATS - All Notifications (ACATFAX) ACATS - Outgoing (ACATRRN) (M) Account Activity Statements (DLMA2) (M+) ACH Pending Distributions (ACTPDI) (M) AOM Order Activity Report (BAST2) (M+) Assets Under Management (ASSETUM) Avg Price/Exec Acct Balancing (AVGPRICE) (MF+) Cash Listing Bookkeeping Journal (CASHLIST) (M) Commission Summary by Branch (DSUM2) (M) Compressed Trade Details (COMPR) (M) Credit Exposure (CREXP) (M+) Daily Cash Deposits (DCDRPT) (M) Daily Commission Detail (NCOM2) (M+) LOPRRJ: (LOPR Rejects) MFRS Confirmed Fund Executions (SCFREP1) (M) Moneyline (MMNYF2) Monthly Commission Summary (MCOM2) (M) Mutual Fund Transaction Audit Report (MFAUDT) (M) Open Items Exposure Report (FSTP95) (M) Outstanding Checks Over 180 Days-Monthly (MOCHK180) Outstanding Checks Over 90 Days-Monthly (MOCHK90) Periodic Payments (ACTVAC) (M) Reorg Branch Activity (BRAC) (M) Reorg Cash Credits (PSICN54) (M) Reorg Offers with No Instruction (RBRN) (M) RMD Exception (MRDEXP) (M) Securities Held Unendorsed (SKBOX2) (M) OEAS Daily DNE Upload (DNEUPLD) OEAS Daily EXBYEX Report (EXBYEX) OEAS Daily Exercise Upload (EXRUPLD) Option Compliance Combined (OPTCM) (M) Option Link (OPLTM) (M) Options - Daily Option Expirations by Security (OPTRPT) (M) Options - Daily In the Money (OPTRPT) (M) Options - Daily Option Expirations by RR (OPTRPT) (M) Options - Daily Option Limit Over 99 (OPTRPT) (M) Options - Long/Short Option Positions (NOPT4) Options - Monthly Expirations (ALLBRANC) (M) Options - Naked Options (NUDE) (M) Options - Short Options Liquidating Equity (SHOPT) (M) Options - EXR/ASG Report by Branch (PSOPTMON) (M) Options - EXR/ASG Report by Rep (PSOPTMRR) (M) This Amendment, dated as of June I, 2021, amends that certain Omnibus Clearing Agreement, as it may be amended, (the “Agreement”), dated September 27, 2017 by and between Apex Clearing Corporation (“Apex”) and Webull Financial LLC (“Correspondent”).
Appears in 1 contract
LIMITATION OF LIABILITY; DATA NOT GUARANTEED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX, ANY OF ITS AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF THE APEX SERVICE BE LIABLE TO CORRESPONDENT, ANY CUSTOMER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, TRADING TRADlNG LOSSES, DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF A WEB SITEWEBSITE), . EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APEX SERVICE OR FOR ANY BREACH OF ANY WARRANTY OR OTHERWISE RELATED TO THIS AGREEMENT OR ANY APEX SERVICE. ALL DATA (AS DEFINED ABOVE) IS PROVIDED “AS IS” AND “AS AVAILABLE”’’, AND THERE MAY BE DELAYS, OMISSIONS AND INACCURACIES IN SUCH DATA. NEITHER APEX NOR ITS AGENTS, . AFFILIATES, . OR THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF SUCH DATA OR ANY SERVICES (COLLECTIVELY, . THE (“DISSEMINATING PARTIESDisseminating Parties”) CAN GUARANTEE, . NOR DO APEX OR THEY GUARANTEE, THE CORRECTNESS, QUALITY, ACCURACY, SEQUENCE, TIMELINESS, CURRENTNESS, RELIABILITY, PERFORMANCE, COMPLETENESS, CONTINUED AVAILABILITY, . MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR OTHERWISE OF ANY DATA OR SERVICE (INCLUDING THIRD PARTY PROVIDER SERVICES) AND APEX AND THEY HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. The Disseminating Parties shall not be liable to Correspondent or to anyone else for any loss or injury, whether or not caused in whole or in part by their negligence or omission, in procuring, . compiling, . editing, writing, reporting or delivering any Data or Third Party Provider Services or by any Force Majeure Event or other cause beyond their reasonable control. The Disseminating Parties will not be liable to Correspondent or anyone else for any decision made or action taken by Correspondent in reliance on any Data. Correspondent agrees that neither Apex, nor its Third Party Xxxxx Providers shall be liable in any way for, any liability, costs, . damages or loss caused directly or indirectly by government government restrictions, exchange or market rulings, suspension or delay of trading, equipment failure, communication line failure, system failure, security failure, unauthorized access, theft, Force Majeure Event or any problem, technological or otherwise, . that might prevent Correspondent from accessing or utilizing the Services. MADE AND EXECUTED THIS 26th DAY OF January, 2021. This Agreement contains a pre-dispute arbitration clause in Section 17. Correspondent acknowledges receiving a copy of this Agreement. APEX: APEX CLEARING CORPORATION By: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, CEO 000 Xxxxx Xx. Xxxx Xxxxxx, Suite 1300 Dallas, Texas 75201 CORRESPONDENT: WEBULL FINANCIAL LLC By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, CEO 00 Xxxx Xxxxxx, Xxxxx 000 New York, NY 10005 EXT001 - Easy to Borrow List EXT235 - Mandatory Corporate Action EXT236 - Voluntary Corporate Action EXT249 - Option Strategies and Requirements EXT250 - Margin Calls EXT590 - Option Exercise and Assignments EXT596 - Trades moved to Error Account EXT747 - Security Master EXT765 - Account Master EXT869 - Cash Activity EXT870 - Stock Activity EXT871 - Position Activity EXT872 - Trade Activity EXT901 - Balances EXT902 - Margin Requirement Override EXT922 - Dividends EXT981 - Buying Power EXT982 - Margin Requirement by Position EXT983 - Prospectus Notification EXT985 - Monthly Returned Mail EXT986 - Daily Returned Mail EXT989 - Electronic Communication Preference EXT997 - Cash Available PFS110 - Third Party Disbursements PFS320 - Portfolio Margin Account Summary PFS330 - ACAT Reject Intraday PFS331 - ACAT Transfer Intraday PFS881 (Insite Report) - P&S Cancelations PFS882 (Insite Report) - Trade Detail Report PFS883 (Insite Report) - Submission / Margin PFS884 (Insite Report) - Submission / P&S Trade Total PFS885 (Insite Report) - Unsecured Customer Account Debits SD+9 PFS886 (Insite Report) - Aged Initial Margin Call Older than 5 Days PFS887 (Insite Report) - Aggregate Net Liquidating Equity PFS888 (Insite Report) - Margin Debt PFS889 (Insite Report) - Aged Maintenace Margin Calls Older than 5 Days PFS890 (Insite Report) - Short Positions PFS980 - Unidentified Large Trader Items Requiring Attention (DTATAC) (M) Margin Accounts W/O Papers (MANMP) (M) N&A Additions (ADDRP) (M) N&A Change Verification Notices (VER13) (M) N&A Changes (CHGR2) (M) W8 Not On File - Active Accounts (PICQ36A) (M) W8 Not On File - Inactive Accounts (PICQ36B) (M) W8 On File - Active Accounts (PICQ36C) (M) In Concert Account Link Report (IACTLST) LOPR Submissions (LOPRS) (M) OPTCAMG: (Options Papers Not on File) (M) OPTRPT: (Option Expirations Combined Report) (M+) OPTRPT3: (Option Limit - 99 or Greater Contracts) (M) OWCHOFA: (Owners DB - Accts Chgs to OFAC Status) RR Customer Money Line (RRML2) (M) Audit Trail OATS (OATSAUDP) Blue Sky RR Client Out of State Exceptions (BSKVIOL)(M) Blue Sky RR Registration by State (BSKSTAT)(M) Blue Sky State Registration of RRs (BSKSTRR)(M) Commission & Gross Credits Over 5% (COMOVER5) (M) Foreign Bank Report (PSICR98) (M) Monthly Account Surveillance (CMPMN) (M) RTTM Street/Cust Side Transaction Submissions (RTTMEOD)(M) E-Delivery Enrollments (ENROLL) (M) E-Delivery Failures (EFAILS) (M) E-Delivery Mailings (EMAILS) (M) Daily Inventory Long Report T/D (FTR501T) (M) Daily Inventory Short Report T/D (FTR506) (M) Firm Trading P&L Report T/D (FTRPLL) (M) Firm Trading Report S/D (FTRFTR) (M) Firm Trading Summary Report S/D MTD (FTRWKS) (M) ACATS - All Notifications (ACATFAX) ACATS - Outgoing (ACATRRN) (M) Account Activity Statements (DLMA2) (M+) ACH Pending Distributions (ACTPDI) (M) AOM Order Activity Report (BAST2) (M+) Assets Under Management (ASSETUM) Avg Price/Exec Acct Balancing (AVGPRICE) (MF+) Cash Listing Bookkeeping Journal (CASHLIST) (M) Commission Summary by Branch (DSUM2) (M) Compressed Trade Details (COMPR) (M) Credit Exposure (CREXP) (M+) Daily Cash Deposits (DCDRPT) (M) Daily Commission Detail (NCOM2) (M+) LOPRRJ: (LOPR Rejects) MFRS Confirmed Fund Executions (SCFREP1) (M) Moneyline (MMNYF2) Monthly Commission Summary (MCOM2) (M) Mutual Fund Transaction Audit Report (MFAUDT) (M) Open Items Exposure Report (FSTP95) (M) Outstanding Checks Over 180 Days-Monthly (MOCHK180) Outstanding Checks Over 90 Days-Monthly (MOCHK90) Periodic Payments (ACTVAC) (M) Reorg Branch Activity (BRAC) (M) Reorg Cash Credits (PSICN54) (M) Reorg Offers with No Instruction (RBRN) (M) RMD Exception (MRDEXP) (M) Securities Held Unendorsed (SKBOX2) (M) OEAS Daily DNE Upload (DNEUPLD) OEAS Daily EXBYEX Report (EXBYEX) OEAS Daily Exercise Upload (EXRUPLD) Option Compliance Combined (OPTCM) (M) Option Link (OPLTM) (M) Options - Daily Option Expirations by Security (OPTRPT) (M) Options - Daily In the Money (OPTRPT) (M) Options - Daily Option Expirations by RR (OPTRPT) (M) Options - Daily Option Limit Over 99 (OPTRPT) (M) Options - Long/Short Option Positions (NOPT4) Options - Monthly Expirations (ALLBRANC) (M) Options - Naked Options (NUDE) (M) Options - Short Options Liquidating Equity (SHOPT) (M) Options - EXR/ASG Report by Branch (PSOPTMON) (M) Options - EXR/ASG Report by Rep (PSOPTMRR) (M) This Amendment, dated as of June I, 2021, amends that certain Omnibus Clearing Agreement, as it may be amended, (the “Agreement”), dated September 27, 2017 by and between Apex Clearing Corporation (“Apex”) and Webull Financial LLC (“Correspondent”).
Appears in 1 contract
LIMITATION OF LIABILITY; DATA NOT GUARANTEED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL APEXPERSHING, ANY OF ITS AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF THE APEX PERSHING SERVICE BE LIABLE TO CORRESPONDENT, ANY CUSTOMER BROKER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF A THE WEB SITE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APEX PERSHING SERVICE OR FOR ANY BREACH OF ANY WARRANTY OR OTHERWISE RELATED TO THIS AGREEMENT OR ANY APEX SERVICEWARRANTY. Quotes, news and research data, including market information displayed on any Access Device (collectively, “Market Data”) are obtained from sources Pershing believes to be reliable. HOWEVER, ALL MARKET DATA (AS DEFINED ABOVE) IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND THERE MAY BE DELAYS, OMISSIONS AND INACCURACIES IN SUCH DATA. NEITHER APEX PERSHING NOR ITS AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF SUCH DATA DATA, INFORMATION OR ANY SERVICES (COLLECTIVELY, THE (“DISSEMINATING PARTIESDisseminating Parties”) CAN GUARANTEE, NOR DO APEX PERSHING OR THEY GUARANTEE, THE CORRECTNESS, QUALITY, ACCURACY, SEQUENCE, TIMELINESS, CURRENTNESS, RELIABILITY, PERFORMANCE, COMPLETENESS, CONTINUED AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR OTHERWISE OF ANY MARKET DATA OR SERVICE (INCLUDING THIRD PARTY PROVIDER SERVICES) , AND APEX PERSHING AND THEY HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. Pershing also reserves the right to filter the Market Data provided to Broker through the Pershing Service. The Disseminating Parties shall not be liable to Correspondent Broker or to anyone else for any loss or injury, whether or not caused in whole or in part by their negligence or omission, in procuring, compiling, editing, writing, reporting or delivering any Market Data or Third Party Provider Services through Pershing or by any Force Majeure Event or other cause beyond their reasonable control. The Disseminating Parties will not be liable to Correspondent Broker or anyone else for any decision made or action taken by Correspondent Broker in reliance on such Market Data or for direct, indirect, incidental, special, consequential, punitive or any Dataother damages whatsoever (including without limitation damages for lost profits, trading losses, damages resulting from inconvenience or loss of use of the Pershing Service) even if Pershing or its Third Party Providers have been advised of the possibility of such damages. Correspondent Except as otherwise provided in this Agreement, Broker agrees that neither ApexPershing, nor its Third Party Providers shall be liable in any way for, any liability, costs, damages or loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension or delay of trading, equipment failure, communication line failure, system failure, security failure, unauthorized access, theft, Force Majeure Event or any problem, technological or otherwise, that might prevent Correspondent Broker from accessing or utilizing the Services. MADE AND EXECUTED THIS 26th DAY OF January, 2021. This Agreement contains a pre-dispute arbitration clause in Section 17. Correspondent acknowledges receiving a copy of this Agreement. APEX: APEX CLEARING CORPORATION By: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, CEO 000 Xxxxx Xx. Xxxx Xxxxxx, Suite 1300 Dallas, Texas 75201 CORRESPONDENT: WEBULL FINANCIAL LLC By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, CEO 00 Xxxx Xxxxxx, Xxxxx 000 New York, NY 10005 EXT001 - Easy to Borrow List EXT235 - Mandatory Corporate Action EXT236 - Voluntary Corporate Action EXT249 - Option Strategies and Requirements EXT250 - Margin Calls EXT590 - Option Exercise and Assignments EXT596 - Trades moved to Error Account EXT747 - Security Master EXT765 - Account Master EXT869 - Cash Activity EXT870 - Stock Activity EXT871 - Position Activity EXT872 - Trade Activity EXT901 - Balances EXT902 - Margin Requirement Override EXT922 - Dividends EXT981 - Buying Power EXT982 - Margin Requirement by Position EXT983 - Prospectus Notification EXT985 - Monthly Returned Mail EXT986 - Daily Returned Mail EXT989 - Electronic Communication Preference EXT997 - Cash Available PFS110 - Third Party Disbursements PFS320 - Portfolio Margin Account Summary PFS330 - ACAT Reject Intraday PFS331 - ACAT Transfer Intraday PFS881 (Insite Report) - P&S Cancelations PFS882 (Insite Report) - Trade Detail Report PFS883 (Insite Report) - Submission / Margin PFS884 (Insite Report) - Submission / P&S Trade Total PFS885 (Insite Report) - Unsecured Customer Account Debits SD+9 PFS886 (Insite Report) - Aged Initial Margin Call Older than 5 Days PFS887 (Insite Report) - Aggregate Net Liquidating Equity PFS888 (Insite Report) - Margin Debt PFS889 (Insite Report) - Aged Maintenace Margin Calls Older than 5 Days PFS890 (Insite Report) - Short Positions PFS980 - Unidentified Large Trader Items Requiring Attention (DTATAC) (M) Margin Accounts W/O Papers (MANMP) (M) N&A Additions (ADDRP) (M) N&A Change Verification Notices (VER13) (M) N&A Changes (CHGR2) (M) W8 Not On File - Active Accounts (PICQ36A) (M) W8 Not On File - Inactive Accounts (PICQ36B) (M) W8 On File - Active Accounts (PICQ36C) (M) In Concert Account Link Report (IACTLST) LOPR Submissions (LOPRS) (M) OPTCAMG: (Options Papers Not on File) (M) OPTRPT: (Option Expirations Combined Report) (M+) OPTRPT3: (Option Limit - 99 or Greater Contracts) (M) OWCHOFA: (Owners DB - Accts Chgs to OFAC Status) RR Customer Money Line (RRML2) (M) Audit Trail OATS (OATSAUDP) Blue Sky RR Client Out of State Exceptions (BSKVIOL)(M) Blue Sky RR Registration by State (BSKSTAT)(M) Blue Sky State Registration of RRs (BSKSTRR)(M) Commission & Gross Credits Over 5% (COMOVER5) (M) Foreign Bank Report (PSICR98) (M) Monthly Account Surveillance (CMPMN) (M) RTTM Street/Cust Side Transaction Submissions (RTTMEOD)(M) E-Delivery Enrollments (ENROLL) (M) E-Delivery Failures (EFAILS) (M) E-Delivery Mailings (EMAILS) (M) Daily Inventory Long Report T/D (FTR501T) (M) Daily Inventory Short Report T/D (FTR506) (M) Firm Trading P&L Report T/D (FTRPLL) (M) Firm Trading Report S/D (FTRFTR) (M) Firm Trading Summary Report S/D MTD (FTRWKS) (M) ACATS - All Notifications (ACATFAX) ACATS - Outgoing (ACATRRN) (M) Account Activity Statements (DLMA2) (M+) ACH Pending Distributions (ACTPDI) (M) AOM Order Activity Report (BAST2) (M+) Assets Under Management (ASSETUM) Avg Price/Exec Acct Balancing (AVGPRICE) (MF+) Cash Listing Bookkeeping Journal (CASHLIST) (M) Commission Summary by Branch (DSUM2) (M) Compressed Trade Details (COMPR) (M) Credit Exposure (CREXP) (M+) Daily Cash Deposits (DCDRPT) (M) Daily Commission Detail (NCOM2) (M+) LOPRRJ: (LOPR Rejects) MFRS Confirmed Fund Executions (SCFREP1) (M) Moneyline (MMNYF2) Monthly Commission Summary (MCOM2) (M) Mutual Fund Transaction Audit Report (MFAUDT) (M) Open Items Exposure Report (FSTP95) (M) Outstanding Checks Over 180 Days-Monthly (MOCHK180) Outstanding Checks Over 90 Days-Monthly (MOCHK90) Periodic Payments (ACTVAC) (M) Reorg Branch Activity (BRAC) (M) Reorg Cash Credits (PSICN54) (M) Reorg Offers with No Instruction (RBRN) (M) RMD Exception (MRDEXP) (M) Securities Held Unendorsed (SKBOX2) (M) OEAS Daily DNE Upload (DNEUPLD) OEAS Daily EXBYEX Report (EXBYEX) OEAS Daily Exercise Upload (EXRUPLD) Option Compliance Combined (OPTCM) (M) Option Link (OPLTM) (M) Options - Daily Option Expirations by Security (OPTRPT) (M) Options - Daily In the Money (OPTRPT) (M) Options - Daily Option Expirations by RR (OPTRPT) (M) Options - Daily Option Limit Over 99 (OPTRPT) (M) Options - Long/Short Option Positions (NOPT4) Options - Monthly Expirations (ALLBRANC) (M) Options - Naked Options (NUDE) (M) Options - Short Options Liquidating Equity (SHOPT) (M) Options - EXR/ASG Report by Branch (PSOPTMON) (M) Options - EXR/ASG Report by Rep (PSOPTMRR) (M) This Amendment, dated as of June I, 2021, amends that certain Omnibus Clearing Agreement, as it may be amended, (the “Agreement”), dated September 27, 2017 by and between Apex Clearing Corporation (“Apex”) and Webull Financial LLC (“Correspondent”).
Appears in 1 contract
Samples: Fully Disclosed Clearing Agreement (Broadpoint Securities Group, Inc.)
LIMITATION OF LIABILITY; DATA NOT GUARANTEED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX, ANY OF ITS AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF THE APEX SERVICE BE LIABLE TO CORRESPONDENT, ANY CUSTOMER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, TRADING TRADlNG LOSSES, DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF A WEB SITEWEBSITE), . EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APEX SERVICE OR FOR ANY BREACH OF ANY WARRANTY OR OTHERWISE RELATED TO THIS AGREEMENT OR ANY APEX SERVICE. ALL DATA (AS DEFINED ABOVE) IS PROVIDED “AS IS” AND “AS AVAILABLE”’’, AND THERE MAY BE DELAYS, OMISSIONS AND INACCURACIES IN SUCH DATA. NEITHER APEX NOR ITS AGENTS, . AFFILIATES, . OR THIRD PARTY PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE DELIVERY OF SUCH DATA OR ANY SERVICES (COLLECTIVELY, . THE (“DISSEMINATING PARTIESDisseminating Parties”) CAN GUARANTEE, . NOR DO APEX OR THEY GUARANTEE, THE CORRECTNESS, QUALITY, ACCURACY, SEQUENCE, TIMELINESS, CURRENTNESS, RELIABILITY, PERFORMANCE, COMPLETENESS, CONTINUED AVAILABILITY, . MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR OTHERWISE OF ANY DATA OR SERVICE (INCLUDING THIRD PARTY PROVIDER SERVICES) AND APEX AND THEY HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. The Disseminating Parties shall not be liable to Correspondent or to anyone else for any loss or injury, whether or not caused in whole or in part by their negligence or omission, in procuring, . compiling, . editing, writing, reporting or delivering any Data or Third Party Provider Services or by any Force Majeure Event or other cause beyond their reasonable control. The Disseminating Parties will not be liable to Correspondent or anyone else for any decision made or action taken by Correspondent in reliance on any Data. Correspondent agrees that neither Apex, nor its Third Party Patty Providers shall be liable in any way for, any liability, costs, . damages or loss caused directly or indirectly by government government restrictions, exchange or market rulings, suspension or delay of trading, equipment failure, communication line failure, system failure, security failure, unauthorized access, theft, Force Majeure Event or any problem, technological or otherwise, . that might prevent Correspondent from accessing or utilizing the Services. MADE AND EXECUTED THIS 26th DAY OF January, 2021. This Agreement contains a pre-dispute arbitration clause in Section 17. Correspondent acknowledges receiving a copy of this Agreement. APEX: APEX CLEARING CORPORATION By: /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx, CEO 000 Xxxxx Xx. Xxxx Xxxxxx, Suite 1300 Dallas, Texas 75201 CORRESPONDENT: WEBULL FINANCIAL LLC By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx, CEO 00 Xxxx Xxxxxx, Xxxxx 000 New York, NY 10005 EXT001 - Easy to Borrow List EXT235 - Mandatory Corporate Action EXT236 - Voluntary Corporate Action EXT249 - Option Strategies and Requirements EXT250 - Margin Calls EXT590 - Option Exercise and Assignments EXT596 - Trades moved to Error Account EXT747 - Security Master EXT765 - Account Master EXT869 - Cash Activity EXT870 - Stock Activity EXT871 - Position Activity EXT872 - Trade Activity EXT901 - Balances EXT902 - Margin Requirement Override EXT922 - Dividends EXT981 - Buying Power EXT982 - Margin Requirement by Position EXT983 - Prospectus Notification EXT985 - Monthly Returned Mail EXT986 - Daily Returned Mail EXT989 - Electronic Communication Preference EXT997 - Cash Available PFS110 - Third Party Disbursements PFS320 - Portfolio Margin Account Summary PFS330 - ACAT Reject Intraday PFS331 - ACAT Transfer Intraday PFS881 (Insite Report) - P&S Cancelations PFS882 (Insite Report) - Trade Detail Report PFS883 (Insite Report) - Submission / Margin PFS884 (Insite Report) - Submission / P&S Trade Total PFS885 (Insite Report) - Unsecured Customer Account Debits SD+9 PFS886 (Insite Report) - Aged Initial Margin Call Older than 5 Days PFS887 (Insite Report) - Aggregate Net Liquidating Equity PFS888 (Insite Report) - Margin Debt PFS889 (Insite Report) - Aged Maintenace Margin Calls Older than 5 Days PFS890 (Insite Report) - Short Positions PFS980 - Unidentified Large Trader Items Requiring Attention (DTATAC) (M) Margin Accounts W/O Papers (MANMP) (M) N&A Additions (ADDRP) (M) N&A Change Verification Notices (VER13) (M) N&A Changes (CHGR2) (M) W8 Not On File - Active Accounts (PICQ36A) (M) W8 Not On File - Inactive Accounts (PICQ36B) (M) W8 On File - Active Accounts (PICQ36C) (M) In Concert Account Link Report (IACTLST) LOPR Submissions (LOPRS) (M) OPTCAMG: (Options Papers Not on File) (M) OPTRPT: (Option Expirations Combined Report) (M+) OPTRPT3: (Option Limit - 99 or Greater Contracts) (M) OWCHOFA: (Owners DB - Accts Chgs to OFAC Status) RR Customer Money Line (RRML2) (M) Audit Trail OATS (OATSAUDP) Blue Sky RR Client Out of State Exceptions (BSKVIOL)(M) Blue Sky RR Registration by State (BSKSTAT)(M) Blue Sky State Registration of RRs (BSKSTRR)(M) Commission & Gross Credits Over 5% (COMOVER5) (M) Foreign Bank Report (PSICR98) (M) Monthly Account Surveillance (CMPMN) (M) RTTM Street/Cust Side Transaction Submissions (RTTMEOD)(M) E-Delivery Enrollments (ENROLL) (M) E-Delivery Failures (EFAILS) (M) E-Delivery Mailings (EMAILS) (M) Daily Inventory Long Report T/D (FTR501T) (M) Daily Inventory Short Report T/D (FTR506) (M) Firm Trading P&L Report T/D (FTRPLL) (M) Firm Trading Report S/D (FTRFTR) (M) Firm Trading Summary Report S/D MTD (FTRWKS) (M) ACATS - All Notifications (ACATFAX) ACATS - Outgoing (ACATRRN) (M) Account Activity Statements (DLMA2) (M+) ACH Pending Distributions (ACTPDI) (M) AOM Order Activity Report (BAST2) (M+) Assets Under Management (ASSETUM) Avg Price/Exec Acct Balancing (AVGPRICE) (MF+) Cash Listing Bookkeeping Journal (CASHLIST) (M) Commission Summary by Branch (DSUM2) (M) Compressed Trade Details (COMPR) (M) Credit Exposure (CREXP) (M+) Daily Cash Deposits (DCDRPT) (M) Daily Commission Detail (NCOM2) (M+) LOPRRJ: (LOPR Rejects) MFRS Confirmed Fund Executions (SCFREP1) (M) Moneyline (MMNYF2) Monthly Commission Summary (MCOM2) (M) Mutual Fund Transaction Audit Report (MFAUDT) (M) Open Items Exposure Report (FSTP95) (M) Outstanding Checks Over 180 Days-Monthly (MOCHK180) Outstanding Checks Over 90 Days-Monthly (MOCHK90) Periodic Payments (ACTVAC) (M) Reorg Branch Activity (BRAC) (M) Reorg Cash Credits (PSICN54) (M) Reorg Offers with No Instruction (RBRN) (M) RMD Exception (MRDEXP) (M) Securities Held Unendorsed (SKBOX2) (M) OEAS Daily DNE Upload (DNEUPLD) OEAS Daily EXBYEX Report (EXBYEX) OEAS Daily Exercise Upload (EXRUPLD) Option Compliance Combined (OPTCM) (M) Option Link (OPLTM) (M) Options - Daily Option Expirations by Security (OPTRPT) (M) Options - Daily In the Money (OPTRPT) (M) Options - Daily Option Expirations by RR (OPTRPT) (M) Options - Daily Option Limit Over 99 (OPTRPT) (M) Options - Long/Short Option Positions (NOPT4) Options - Monthly Expirations (ALLBRANC) (M) Options - Naked Options (NUDE) (M) Options - Short Options Liquidating Equity (SHOPT) (M) Options - EXR/ASG Report by Branch (PSOPTMON) (M) Options - EXR/ASG Report by Rep (PSOPTMRR) (M) This Amendment, dated as of June I, 2021, amends that certain Omnibus Clearing Agreement, as it may be amended, (the “Agreement”), dated September 27, 2017 by and between Apex Clearing Corporation (“Apex”) and Webull Financial LLC (“Correspondent”).
Appears in 1 contract