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 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 VERTIFX; (d) insufficient margin, or VERTIFX's determination, in its sole discretion, 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 VERTIFX any information requested under this Agreement, or (f) any other circumstances or developments that VERTIFX deems appropriate for its protection, and in VERTIFX's sole discretion, VERTIFX may take one or more, or any portion of, the following actions: (1) satisfy any obligation Customer may have to VERTIFX either directly or by way of guaranty of suretyship, out of any of Customer's funds or property in its custody or control; (2) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, and (3) cancel any or all outstanding orders or 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 to Customer, Customer's personal representatives, heirs, executors, administrators, trustees, legatees, successors 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, VERTIFX 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 VERTIFX's 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 VERTIFX's judgment and at its discretion with any interbank or other market where such business is. then usually transacted or at a public auction or private sale, and VERTIFX 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 VERTIFX, 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 VERTIFX 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 VERTIFX. 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 VERTIFX'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 VERTIFX 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: Customer Agreement

AutoNDA by SimpleDocs

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. 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 ’s accounts carried by VERTIFX; 360TRADEHUB LIMITED, (d) insufficient margin, or VERTIFX360TRADEHUB LIMITED's determination, in its sole discretion, 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 ’s failure to provide VERTIFX us with any information requested under pursuant to this Agreement, agreement; or (f) any other circumstances or developments that VERTIFX deems we deem appropriate for its protection, and in VERTIFX360TRADEHUB LIMITED's sole discretion, VERTIFX it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Customer may have to VERTIFX us, either directly or by way of guaranty of suretyshipsurety ship, out of any of Customer's ’s funds or property in its 360TRADEHUB LIMITED's custody or control; (2b) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, ; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer 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 ’s personal representatives, heirs, executors, administrators, trustees, legatees, successors legatees or assigns and regardless of whether the ownership interest shall be solely Customer's ’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of 360TRADEHUB LIMITED's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer's ’s long or short positions, VERTIFX 360TRADEHUB 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 VERTIFX's CUSTOMER AGREEMENT 6 360TRADEHUB LIMITED’s sole judgment may be advisable to protect or reduce existing positions in Customer's ’s account. Any sales or purchases hereunder may be made according to VERTIFX's 360TRADEHUB LIMITED’s judgment and at its discretion with any interbank or other exchange market where such business is. is then usually transacted or at a public auction or private sale, and VERTIFX 360TRADEHUB LIMITED may purchase the whole or any part thereof free from any right of redemption redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by VERTIFX, 360TRADEHUB LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer's ’s account(s) in the event of the liquidation thereof in whole or in part by VERTIFX 360TRADEHUB 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 VERTIFX. 360TRADEHUB LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing "prime rate" rate at VERTIFX's 360TRADEHUB LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney's ’s fees, witness fees, travel expenses and the like. In the event VERTIFX 360TRADEHUB 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: www.360tradehub.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. 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 ’s accounts carried by VERTIFX; XXXXXXX.XXX, (d) insufficient margin, or VERTIFXXXXXXXX.XXX's determination, in its sole discretion, 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 ’s failure to provide VERTIFX us with any information requested under pursuant to this Agreement, agreement; or (f) any other circumstances or developments that VERTIFX deems we deem appropriate for its protection, and in VERTIFXXXXXXXX.XXX's sole discretion, VERTIFX it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Customer may have to VERTIFX us, either directly or by way of guaranty of suretyshipsurety ship, out of any of Customer's ’s funds or property in its XXXXXXX.XXX's custody or control; (2b) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, ; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer 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 ’s personal representatives, heirs, executors, administrators, trustees, legatees, successors legatees or assigns and regardless of whether the ownership interest shall be solely Customer's ’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of XXXXXXX.XXX's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer's ’s long or short positions, VERTIFX XXXXXXX.XXX 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 VERTIFX's XXXXXXX.XXX’s sole judgment may be advisable to protect or reduce existing positions in Customer's ’s account. Any sales or purchases hereunder may be made according to VERTIFX's XXXXXXX.XXX’s judgment and at its discretion with any interbank or other exchange market where such business is. is then usually transacted or at a public auction or private sale, and VERTIFX XXXXXXX.XXX may purchase the whole or any part thereof free from any right of redemption redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by VERTIFX, XXXXXXX.XXX and in all cases, Customer shall be liable for any deficiency remaining in Customer's ’s account(s) in the event of the liquidation thereof in whole or in part by VERTIFX XXXXXXX.XXX 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 VERTIFX. XXXXXXX.XXX, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing "prime rate" rate at VERTIFX's XXXXXXX.XXX’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney's ’s fees, witness fees, travel expenses and the like. In the event VERTIFX XXXXXXX.XXX 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: crm.fxgoros.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. 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 ’s accounts carried by VERTIFX; RUBY MARKETS LIMITED, (d) insufficient margin, or VERTIFXRUBY MARKETS LIMITED's determination, in its sole discretion, 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 ’s failure to provide VERTIFX us with any information requested under pursuant to this Agreement, agreement; or (f) any other circumstances or developments that VERTIFX deems we deem appropriate for its protection, and in VERTIFXRUBY MARKETS LIMITED's sole discretion, VERTIFX it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Customer may have to VERTIFX us, either directly or by way of guaranty of suretyshipsurety ship, out of any of Customer's ’s funds or property in its RUBY MARKETS LIMITED's custody or control; (2b) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, ; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer 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 ’s personal representatives, heirs, executors, administrators, trustees, legatees, successors legatees or assigns and regardless of whether the ownership interest shall be solely Customer's ’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 Customer's ’s long or short positions, VERTIFX 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 VERTIFX's RUBY MARKETS LIMITED’s sole judgment may be advisable to protect or reduce existing positions in Customer's ’s account. Any sales or purchases hereunder may be made according to VERTIFX's RUBY MARKETS LIMITED’s judgment and at its discretion with any interbank or other exchange market where such business is. is then usually transacted or at a public auction or private sale, and VERTIFX RUBY MARKETS LIMITED may purchase the whole or any part thereof free from any right of redemption redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by VERTIFX, RUBY MARKETS LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer's ’s account(s) in the event of the liquidation thereof in whole or in part by VERTIFX 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 VERTIFX. RUBY MARKETS LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing "prime rate" rate at VERTIFX's 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 ’s fees, witness fees, travel expenses and the like. In the event VERTIFX RUBY MARKETS LIMITED incurs expenses other than for the CUSTOMER AGREEMENT 6 collection of deficits, with respect to any of the account(s) of Customer, Customer Xxxxxxxx agrees to pay such expenses.

Appears in 1 contract

Samples: www.rubymarkets.net

AutoNDA by SimpleDocs

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. 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 ’s accounts carried by VERTIFX; HIBI MARKETS LIMITED, (d) insufficient margin, or VERTIFXHIBI MARKETS LIMITED's determination, in its sole discretion, 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 ’s failure to provide VERTIFX us with any information requested under pursuant to this Agreement, agreement; or (f) any other circumstances or developments that VERTIFX deems we deem appropriate for its protection, and in VERTIFXHIBI MARKETS LIMITED's sole discretion, VERTIFX it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Customer may have to VERTIFX us, either directly or by way of guaranty of suretyshipsurety ship, out of any of Customer's ’s funds or property in its HIBI MARKETS LIMITED's custody or control; (2b) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, ; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer 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 ’s personal representatives, heirs, executors, administrators, trustees, legatees, successors legatees or assigns and regardless of whether the ownership interest shall be solely Customer's ’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of HIBI MARKETS LIMITED's right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer's ’s long or short positions, VERTIFX HIBI 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 VERTIFX's HIBI MARKETS LIMITED’s sole judgment may be advisable to protect or reduce existing positions in Customer's ’s account. Any sales or purchases hereunder may be made according to VERTIFX's HIBI MARKETS LIMITED’s judgment and at its discretion with any interbank or other exchange market where such business is. is then usually transacted or at a public auction or private sale, and VERTIFX HIBI MARKETS LIMITED may purchase the whole or any part thereof free from any right of redemption redemption. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by VERTIFX, HIBI MARKETS LIMITED and in all cases, Customer shall be liable for any deficiency remaining in Customer's ’s account(s) in the event of the liquidation thereof in whole or in part by VERTIFX HIBI 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 VERTIFX. HIBI MARKETS LIMITED, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing "prime rate" rate at VERTIFX's HIBI MARKETS LIMITED’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney's ’s fees, witness fees, travel expenses and the like. In the event VERTIFX HIBI 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: www.hibitrade.com

LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. 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 ’s accounts carried by VERTIFX; Xxxxx Markets, (d) insufficient margin, or VERTIFX's determination, in its sole discretion, Xxxxx 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 ’s failure to provide VERTIFX us with any information requested under pursuant to this Agreement, Terms of Business agreement; or (f) any other circumstances or developments that VERTIFX deems we deem appropriate for its protection, and in VERTIFX's Xxxxx Markets’ sole discretion, VERTIFX it may take one or more, or any portion of, the following actions: (1a) satisfy any obligation Customer may have to VERTIFX us, either directly or by way of guaranty of suretyship, out of any of Customer's ’s funds or property in its Xxxxx Markets’ custody or control; (2b) sell any or purchase any or all Currency Forex & CFDs contracts, positions, securities or other property held or carried for Customer, ; and (3c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer Customer. Any of the above actions may be taken without the demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer's ’s personal representatives, heirs, executors, administrators, trustees, legatees, successors legatees or assigns and regardless of whether the ownership interest shall be solely Customer's ’s or held jointly with others. Prior demand or notice of sale or purchase shall not be considered a waiver of Xxxxx Markets’ right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer's ’s long or short positions, VERTIFX Xxxxx 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, hedge which in VERTIFX's Xxxxx Markets’ sole judgment judgement may be advisable to protect or reduce existing positions in Customer's ’s account. Any sales or purchases hereunder may be made according to VERTIFX's judgment Xxxxx Markets’ judgement and at its discretion with any interbank or other market exchange markets where such business is. is then usually transacted or at a public auction or private sale, and VERTIFX Xxxxx Markets 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 VERTIFX, 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 VERTIFX 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 VERTIFX. 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 VERTIFX'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 VERTIFX incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expensesredemption.

Appears in 1 contract

Samples: Terms of Business

Time is Money Join Law Insider Premium to draft better contracts faster.