Common use of LIQUIDATION LEVEL Clause in Contracts

LIQUIDATION LEVEL. Subject to all additional rights of GAIN Capital under the Customer Agreement, in the event that, in the sole opinion of GAIN Capital and in accordance with GAIN Capital’s reasonable best estimate of then prevailing obtainable market Spot Rates, and regardless of whether or not prior Margin Calls have been issued or met, if the Margin Balance should at any time equal or fall below the Minimum Margin Requirement for Customer’s Account in the aggregate, GAIN Capital will have the right but not the obligation to liquidate any part of or all Open Positions in Customer’s Account. Clients are responsible for placing their own Stop Loss Orders to minimize losses. Any failure by GAIN Capital to enforce its rights hereunder shall not be deemed a future waiver of such rights by GAIN Capital. GAIN Capital does not make margin calls in the ordinary course of business. GAIN Capital maintains the right to liquidate Customer positions as described above. However, GAIN Capital may from time to time and in its sole discretion, call Customer and request that Customer deposit additional Collateral to secure Customer’s obligations to GAIN Capital, over and above the balance in Customer’s Account. Any call for additional margin without exercising the rights to liquidate Customer positions shall not be deemed precedent for future calls nor future waiver of such liquidation rights by GAIN Capital.