Common use of LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES Clause in Contracts

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of Trader; (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 Trader; (c) the filing of an attachment against any of Trader’s accounts carried by MBC FINANCIAL SERVICES LTD, (d) insufficient margin, or MBC FINANCIAL SERVICES LTD’s determination that any collateral deposited to protect one or more accounts of Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide MBC FINANCIAL SERVICES LTD any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems appropriate for its protection, and in MBC FINANCIAL SERVICES LTD’s sole discretion, it may take one or more, or any portion of, the following actions: (1) satisfy any obligation Trader may have to MBC FINANCIAL SERVICES LTD, either directly or by way of guaranty of suretyship, out of any of Trader’s funds or property in its custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliate; (2) sell any or purchase any foreign exchange contracts, securities or other property held or carried for Trader; and (3) cancel any or all outstanding orders or contracts, or any other commitments made with Trader. 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 Trader, Trader’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Trader’s or held jointly with others. In liquidation of Trader’s long or short positions, MBC FINANCIAL SERVICES LTD 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 MBC FINANCIAL SERVICES LTD’s sole judgment may be advisable to protect or reduce existing positions in Trader’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTD’s judgment and at its discretion.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Trader Agreement

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LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES LTDGFX, (d) insufficient margin, or MBC FINANCIAL SERVICES LTD’s GFX's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES LTD’s GFX's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its GFX's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderCustomer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of GFX's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES LTD GFX 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 hedge which in MBC FINANCIAL SERVICES LTDGFX’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTDGFX’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and GFX may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by GFX and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by GFX or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to GFX, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at GFX’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event GFX incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

Appears in 2 contracts

Samples: gfx-i.com, gfx-i.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES LTDAXECAP GLOBAL LIMITED, (d) insufficient margin, or MBC FINANCIAL SERVICES LTD’s AXECAP GLOBAL LIMITED's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES LTD’s AXECAP GLOBAL LIMITED's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its AXECAP GLOBAL LIMITED's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderCustomer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of AXECAP GLOBAL CUSTOMER AGREEMENT 7 LIMITED's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES LTD AXECAP GLOBAL LIMITED 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 hedge which in MBC FINANCIAL SERVICES LTDAXECAP GLOBAL LIMITED’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTDAXECAP GLOBAL LIMITED’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and AXECAP GLOBAL LIMITED may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by AXECAP GLOBAL LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by AXECAP GLOBAL LIMITED or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to AXECAP GLOBAL LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at AXECAP GLOBAL LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event AXECAP GLOBAL LIMITED incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

Appears in 2 contracts

Samples: axecap.co, axecapglobal.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES LTDRUBY MARKETS LIMITED, (d) insufficient margin, or MBC FINANCIAL SERVICES LTD’s RUBY MARKETS LIMITED's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES LTD’s RUBY MARKETS LIMITED's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its RUBY MARKETS LIMITED's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderCustomer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of RUBY MARKETS LIMITED's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES LTD RUBY MARKETS LIMITED 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 hedge which in MBC FINANCIAL SERVICES LTDRUBY MARKETS LIMITED’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTDRUBY MARKETS LIMITED’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and RUBY MARKETS LIMITED may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by RUBY MARKETS LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by RUBY MARKETS LIMITED or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to RUBY MARKETS LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at RUBY MARKETS LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event RUBY MARKETS LIMITED incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

Appears in 1 contract

Samples: rubymarkets.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES IMGFX LTD, (d) insufficient margin, or MBC FINANCIAL SERVICES IMGFX LTD’s 's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES IMGFX LTD’s 's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its IMGFX LTD's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderXxxxxxxx’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of IMGFX LTD's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES IMGFX LTD 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 hedge which in MBC FINANCIAL SERVICES IMGFX LTD’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES IMGFX LTD’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and IMGFX LTD may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by IMGFX LTD and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by IMGFX LTD or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to IMGFX LTD, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at IMGFX LTD’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event IMGFX LTD incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Xxxxxxxx agrees to pay such expenses.

Appears in 1 contract

Samples: imgfx.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES LTDQUANTIC VENTURE LIMITED, (d) insufficient margin, or MBC FINANCIAL SERVICES LTD’s QUANTIC VENTURE LIMITED's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES LTD’s QUANTIC VENTURE LIMITED's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its QUANTIC VENTURE LIMITED's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderCustomer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of QUANTIC VENTURE LIMITED's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES LTD QUANTIC VENTURE LIMITED 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 hedge which in MBC FINANCIAL SERVICES LTDQUANTIC VENTURE LIMITED’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTDQUANTIC VENTURE LIMITED’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and QUANTIC VENTURE LIMITED may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by QUANTIC VENTURE LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by QUANTIC VENTURE LIMITED or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to QUANTIC VENTURE LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at QUANTIC VENTURE LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event QUANTIC VENTURE LIMITED incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

Appears in 1 contract

Samples: quan-tic.com

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LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of TraderCustomer; (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 TraderCustomer; (c) the filing of an attachment against any of TraderCustomer’s accounts carried by MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD, (d) insufficient margin, or MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD’s 's determination that any collateral deposited to protect one or more accounts of Trader Customer is inadequate, regardless of current market quotations, to secure the account; (e) TraderCustomer’s failure to provide MBC FINANCIAL SERVICES LTD us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems we deem appropriate for its protection, and in MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD’s 's sole discretion, it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Trader Customer may have to MBC FINANCIAL SERVICES LTDus, either directly or by way of guaranty of suretyshipsurety ship, out of any of TraderCustomer’s funds or property in its CYBER FUTURES INTERNATIONAL LTD's custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2b) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for TraderCustomer; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made with Traderon 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 to TraderCustomer, TraderCustomer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely TraderCustomer’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of CYBER FUTURES INTERNATIONAL LTD's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of TraderCustomer’s long or short positions, MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD 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 hedge which in MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD’s sole judgment may be advisable to protect or reduce existing positions in TraderCustomer’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES CYBER FUTURES INTERNATIONAL LTD’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and CYBER FUTURES INTERNATIONAL LTD may purchase the whole or any part thereof free from any right of redemption. CUSTOMER AGREEMENT 7 Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by CYBER FUTURES INTERNATIONAL LTD and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by CYBER FUTURES INTERNATIONAL LTD or by Customer. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to CYBER FUTURES INTERNATIONAL LTD, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at CYBER FUTURES INTERNATIONAL LTD’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event CYBER FUTURES INTERNATIONAL LTD incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

Appears in 1 contract

Samples: Cyber Futures

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of Trader (which term shall include, for purposes of this Section 6 only, any general partner of a limited partnership or a general partnership, and any joint tenant or tenant-in-common participating in a joint tenancy or tenancy-in-common Account), or the liquidation, dissolution or winding-up of Trader; (b) the filing of a petition in bankruptcy, bankruptcy or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding proceeding, by or against Trader, or the cessation of Trader’s ability generally to pay Trader’s obligations as they mature or become due; (c) the filing of a levy or an attachment against any of Trader’s accounts Accounts carried by MBC FINANCIAL SERVICES LTD, IMMFX ; (d) the margin deposited in the Account becoming insufficient marginto support the Spot FOREX and CFDs Positions maintained therein, or MBC FINANCIAL SERVICES LTD’s IMMFX determination otherwise in its sole and absolute discretion that any collateral margin deposited to protect one or more accounts of Trader the Account is inadequate, regardless of current market quotations, to secure the accountAccount, whether or not a margin call is made on the Account, and whether or not the Trading Procedures call for IMMFX to make a margin call on the Account in the circumstances then obtaining; (e) Trader’s failure to provide MBC FINANCIAL SERVICES LTD furnish to IMMFX any information requested pursuant to this agreementAgreement; (f) the default by Trader on any pecuniary or other obligation to IMMFX arising under this Agreement; or (fg) any other circumstances or developments that MBC FINANCIAL SERVICES LTD deems appropriate for lead IMMFX to conclude in its protectionsole judgment that there is a reasonable probability that Trader will not be able to discharge any such obligation timely or at all, IMMFX may, in its sole and in MBC FINANCIAL SERVICES LTD’s sole absolute discretion, it may immediately or at any time thereafter, take one or more, or any portion of, the following actions: (1) satisfy any obligation Trader may have to MBC FINANCIAL SERVICES LTDIMMFX , either directly or by way of guaranty of suretyshipor surety ship, out of any of Trader’s funds or property in its IMMFX’s custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliate; (2) sell any or purchase any foreign exchange contracts, securities or other property held or carried for Trader; and (3) cancel any or all outstanding orders or contracts, or any other commitments made with Trader. 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 Trader, Trader’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Trader’s or held jointly with others. In liquidation of Trader’s long or short positions, MBC FINANCIAL SERVICES LTD 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 MBC FINANCIAL SERVICES LTD’s sole judgment may be advisable to protect or reduce existing positions in Trader’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTD’s judgment and at its discretion.control;

Appears in 1 contract

Samples: Trader Agreement

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a) the death or judicial declaration of incompetence of Trader; (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 Trader; (c) the filing of an attachment against any of Trader’s accounts carried by MBC FINANCIAL SERVICES LTDUFX, (d) insufficient margin, or MBC FINANCIAL SERVICES LTDUFX’s determination that any collateral deposited to protect one or more accounts of Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide MBC FINANCIAL SERVICES LTD UFX any information requested pursuant to this agreement; or (f) any other circumstances or developments that MBC FINANCIAL SERVICES LTD UFX deems appropriate for its protection, and in MBC FINANCIAL SERVICES LTDUFX’s sole discretion, it may take one or more, or any portion of, the following actions: (1) satisfy any obligation Trader may have to MBC FINANCIAL SERVICES LTDUFX, either directly or by way of guaranty of suretyshipsurety ship, out of any of Trader’s funds or property in its custody or control or in the custody or control of any MBC FINANCIAL SERVICES LTD affiliatecontrol; (2) sell any or purchase any foreign exchange or all Currency contracts, securities or other property held or carried for Trader; and (3) cancel any or all outstanding orders or contracts, or any other commitments made with on behalf of Trader. 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 Trader, Trader’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Trader’s or held jointly with others. In liquidation of Trader’s long or short positions, MBC FINANCIAL SERVICES LTD UFX 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 MBC FINANCIAL SERVICES LTDUFX’s sole judgment may be advisable to protect or reduce existing positions in Trader’s account. Any sales or purchases hereunder may be made according to MBC FINANCIAL SERVICES LTDUFX’s judgment and at its discretiondiscretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and UFX may purchase the whole or any part thereof free from any right of redemption. Trader shall at all times be liable for the payment of any deficit balance of Trader upon demand by UFX and in all cases, Trader shall be liable for any deficiency remaining in Trader’s account(s) in the event of the liquidation thereof in whole or in part by UFX or by Trader. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Trader due to UFX, trader shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at UFX’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like. In the event UFX incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Trader, Trader agrees to pay such expenses.

Appears in 1 contract

Samples: Account Application and Agreement

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