LIQUIDATION OF ACCOUNTS. In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety ship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.
LIQUIDATION OF ACCOUNTS. We shall have the right, without prior notice to or consent from you, and in our absolute discretion and sole judgment, to take such action as we may consider necessary or desirable to comply with or to perform, cancel or satisfy any of our obligation to you or any of our or your obligations to a relevant Exchange and/or Clearing House and/or agent, as the case may be, in respect of any outstanding Futures or Options Contracts (including Closing Out and/or performing any and all such outstanding contracts) and may for such purpose buy or sell in any manner whatsoever (including from or to any Affiliate) the Commodity underlying any outstanding contract and/or apply any Margin and/or enforce any security held by us and apply the proceeds thereof in such manner as we may, in our absolute discretion, determine if:
LIQUIDATION OF ACCOUNTS. In the event of: (a) death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation; (b) filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer; (c) filing of an attachment against any of Customer’s Accounts carried by 10TradeFX; (d) insufficient margin, or 10TradeFX’s determination that any collateral deposited to protect one or more Accounts of Customer is inadequate, regardless of current market quotations, to secure the Account; (e) Customer’s failure to provide 10TradeFX any information requested pursuant to this Agreement; or (f) any other circumstances or developments that 10TradeFX deems appropriate for its protection, and in 10TradeFX’s sole discretion, it may take one or more, or any portion of, the following actions: (1) sell any or purchase any or all FX contracts, securities or other property held or carried for Customer; and (2) cancel any or all outstanding orders or contracts, or any other commitments made with Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer’s personal or appointed representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer’s or held jointly with others.
LIQUIDATION OF ACCOUNTS. In the event of: (a) death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation; (b) filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer; (c) filing of an attachment against any of Customer’s Accounts carried by QFS; (d) insufficient margin, or QFS’s determination that any collateral deposited to protect one or more Accounts of Customer is inadequate, regardless of current market quotations, to secure the Account; (e) Customer’s failure to provide QFS any information requested pursuant to this Agreement; or (f) any other circumstances or developments that QFS deems appropriate for its protection, and in QFS’s sole discretion, it may take one or more, or any portion of, the following actions: (1) sell any or purchase any or all FX contracts, securities or other property held or carried for Customer; and (2) cancel any or all outstanding orders or contracts, or any other commitments made with Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer’s personal or appointed representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer’s or held jointly with others.
LIQUIDATION OF ACCOUNTS. (a) Except as is expressly provided to the contrary in this Agreement all of the terms, conditions and covenants of this Agreement shall continue in effect following the expiration or termination of the Commitment Period until the Final Liquidation Date. Upon the termination or expiration of the Commitment Period, Bank shall continue to own the Accounts unless and until Retailers shall have purchased such Accounts pursuant to Section 11.03 hereof. As is expressly provided elsewhere in this Agreement, and without limiting other express provisions of this
(b) Upon any termination or expiration of the Commitment Period, if Retailers, acting collectively, do not exercise their option to purchase or arrange for a purchase of all Accounts (other than Defaulted Accounts) from Bank, then: (i) Bank shall have the right, in addition to and retaining all other rights it may have under the terms of this Agreement or applicable law to: (A) liquidate the remaining Accounts in any lawful manner which may be expeditious or economically advantageous to Bank including the issuance of a replacement or substitute bank or industry credit card; and
LIQUIDATION OF ACCOUNTS. 45.1. According to the account type; when the margin level specification is reached the Company will liquidate (close) all open position(s) including hedged positions.
45.2. Pending orders at liquidation level may not be deleted if there are sufficient margins on account to activate these orders.
45.3. Pending orders at liquidation level will be cancelled if there are no adequate margins on account to activate the orders.
45.4. Accounts may be liquidated according to the provisions within the Customer Agreement.
LIQUIDATION OF ACCOUNTS. 47.1. According to the account type; when the margin level specification is reached XGLOBAL FX LIMITED will liquidate (close) all open position(s) including hedged positions.
47.2. Pending orders at liquidation level may not be deleted if there are sufficient margins on account to activate these orders.
47.3. Pending orders at liquidation level will be cancelled if there are no adequate margins on account to activate the orders.
47.4. Accounts may be liquidated according to the provisions within the Customer Agreement.
LIQUIDATION OF ACCOUNTS. If the purchase option described in Section 11.03 expires without having been exercised by Retailers, then Bank shall have the rights described in this Section 11.06, in addition to and retaining all other rights it may have under the terms of this Agreement or Applicable Law, to liquidate the Accounts in any lawful manner which may be expeditious or economically advantageous to Bank, including, without limitation, transferring or selling the Accounts to any person other than a Competing Retailer (with or without a corresponding assignment of Bank’s chargeback and indemnity rights under this Agreement). Notwithstanding the foregoing, Bank shall not have the right hereunder to sell or transfer any Accounts to a Competing Retailer or to issue replacement or substitute cards that do not include the brand of an interchange network. In connection with such liquidation, Bank may (i) issue a replacement or substitute interchange network-branded credit card (which card shall not bear any Licensed Mark), and (ii) use the Licensed Marks in accordance with the provisions of this Agreement in communicating with existing Cardholders solely for purposes of billing and collections, provided that upon Bank’s liquidation of any Account, Bank shall cease using any Licensed Mark with respect to such liquidated Account. In addition to the foregoing, upon the termination or expiration of the Operation Period, unless [***], Bank may require Retailers to continue acceptance of the existing Credit Cards at Retailer Locations for up to [***] following the termination or expiration of the Operation Period. Notwithstanding the foregoing, if Bank exercises its termination rights pursuant to Section 11.02(f) (change in Applicable Law), then Retailers’ obligation to continue to accept existing Credit Cards at Retailer Locations shall be [***]. Retailers expressly agree that in complying with their obligations to accept substitute or replacement interchange network-branded credit cards or to continue to accept the existing Credit Cards, Retailers will cooperate with Bank in order to effectuate any such liquidation, continued acceptance, or replacement or substitute interchange network-branded card issuance in an orderly manner. Notwithstanding Bank’s termination rights under this Section 11.06, Bank shall terminate the purchase utility of all Co-brand Credit Cards not otherwise previously converted to another credit or charge program as contemplated above not later than [***] following ...
LIQUIDATION OF ACCOUNTS. WLSL shall have the right, without prior notice to or consent from the Client, and in WLSL’s absolute discretion and sole judgment, to take such action as WLSL may consider necessary or desirable to comply with or to perform, cancel or satisfy any of WLSL’s obligation to the Client or any of the obligations of WLSL or the Client to a relevant Exchange and/or Clearing House and/or Correspondent Agent, as the case may be, in respect of any outstanding Futures or Options Contracts (including Closing Out and/or performing any and all such outstanding contracts) and may for such purpose buy or sell in any manner whatsoever (including from or to any Affiliate) the Commodity underlying any outstanding contract and/or apply any Margin and/or enforce any security held by WLSL and apply the proceeds thereof in such manner as WLSL may, in its absolute discretion, determine if:
LIQUIDATION OF ACCOUNTS. 10.1. In the event of:
a) the death or judicial declaration of incompetence of Customer;
b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer;
c) the filing of an attachment against any of Customer's accounts carried by Fortuna Markets;
d) insufficient margin, or Fortuna Markets determination that any collateral deposited to protect one or more accounts of Customer is inadequate, regardless of current market quotations, to secure the account;
e) Customer's failure to provide Fortuna Markets any information requested pursuant to this agreement; or
f) any other circumstances or developments that Fortuna Markets deems appropriate for its protection, and in Fortuna Markets sole discretion, it may take one or more, or any portion of, the following actions:
1. satisfy any obligation Customer may have to Fortuna Markets, either directly or by way of guarantee of suretyship, out of any of Customer's funds or property in its custody or control or in the custody or control of any Fortuna Markets affiliate.
2. sell any or purchase any or all currency contracts, securities, or other property held or carried for Customer; and
3. cancel any or all outstanding orders or contracts, or any other commitments made with Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer's or held jointly with others. In liquidation of Customer's long or short positions, Fortuna Markets may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Fortuna Markets sole judgment may be advisable to protect or reduce existing positions in Customer's account. Any sales or purchases hereunder may be made according to Fortuna Markets judgment and at its discretion.
