Common use of Margin Facility Clause in Contracts

Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL to the Client and such other agreement, document terms and conditions as may be specified by WLSL from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon XXXX’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL or its Associates, or payment of any commission or other costs and expenses owing to WLSL or its Associates. 2.4 WLSL will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL may not provide any Facility to the Client if any of the following circumstances should arise:- (a) if the Client is in default of any provisions of this Agreement; or (b) in the opinion of WLSL there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL on the Client’s part, WLSL shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL be entitled to withdraw any Collaterals in part or in whole from the Client’s Account. 2.6 The Client shall on demand from WLSL make payments of deposits or margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL as WLSL in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II will constitute an Event of Default under the main body of the Securities Account Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL from the Account or any other account of the Client with WLSL or its Associates.

Appears in 7 contracts

Samples: Securities Account Agreement, Client Securities Account Agreement, Client Securities Account Agreement

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Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL the Company agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL the Company to the Client and such other agreement, document terms and conditions as may be specified by WLSL the Company from time to time (collectively called “Margin Facility TermsFacilityTerms”). 2.2 WLSL Subject to Clause 2.4 of this Schedule I below, the Company may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon XXXXthe Company’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL the Company may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL the Company is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL the Company or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL the Company or its Associates, or payment of any commission or other costs and expenses owing to WLSL the Company or its Associates. 2.4 WLSL the Company will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL the Company may not provide any Facility to the Client if any of the following circumstances should arise:-arise: (a) if the Client is in default of any provisions of this Agreement; or (b) in the opinion of WLSL the Company there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL the Company in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL the Company on the Client’s part, WLSL the Company shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL the Company be entitled to withdraw any Collaterals Collateral in part or in whole from the Client’s Account. 2.6 The Client shall on demand from WLSL the Company make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL the Company as WLSL the Company in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL the Company before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II I will constitute an Event the responsiblity under Xxxxxx 17 of Default under the main body of the Securities Account Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL the Company from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL the Company from the Account or any other account of the Client with WLSL the Company or its Associates.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the markxxxx-to-market value of the Collateral. The Client Customer shall from time to time upon XXXXCMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates. 2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:- (a) if the Client Customer is in default of any provisions of this Agreement; or (b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account. 2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL CMSHK before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement. 2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.

Appears in 1 contract

Samples: Securities Account Agreement

Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client Customer shall from time to time upon XXXXCMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates. 2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:- (a) if the Client Customer is in default of any provisions of this Agreement; or (b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account. 2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL before 12:00 noon on CMSHK within the due date time limit as specified by CMSHK in same day fundscleared funds or deposit of securities and/or other Collateral with good and free unencumbered titles. 2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement. 2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.

Appears in 1 contract

Samples: Securities Account Agreement

Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL WLIS agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL WLIS to the Client and such other agreement, document terms and conditions as may be specified by WLSL WLIS from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL WLIS may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon XXXXWLIS’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL WLIS may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL WLIS is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL WLIS or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL WLIS or its Associates, or payment of any commission or other costs and expenses owing to WLSL WLIS or its Associates. 2.4 WLSL WLIS will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL WLIS may not provide any Facility to the Client if any of the following circumstances should arise:- (a) if the Client is in default of any provisions of this Agreement; or (b) in the opinion of WLSL WLIS there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL WLIS in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL WLIS on the Client’s part, WLSL WLIS shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL WLIS be entitled to withdraw any Collaterals in part or in whole from the Client’s Account. 2.6 The Client shall on demand from WLSL WLIS make payments of deposits or margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL WLIS as WLSL WLIS in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL WLIS before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II will constitute an Event of Default under the main body of the Securities Account Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL WLIS from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL WLIS from the Account or any other account of the Client with WLSL WLIS or its Associates.

Appears in 1 contract

Samples: Securities Account Agreement

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Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL the Company agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL the Company to the Client and such other agreement, document terms and conditions as may be specified by WLSL the Company from time to time (collectively called “Margin Facility TermsFacilityTerms”). 2.2 WLSL Subject to Clause 2.4 of this Schedule I below, the Company may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon XXXXthe Company’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL the Company may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL the Company is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL the Company or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL the Company or its Associates, or payment of any commission or other costs and expenses owing to WLSL the Company or its Associates. 2.4 WLSL the Company will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL the Company may not provide any Facility to the Client if any of the following circumstances should arise:-arise: (a) if the Client is in default of any provisions of this Agreement; or (b) in the opinion of WLSL the Company there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL the Company in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL the Company on the Client’s part, WLSL the Company shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL the Company be entitled to withdraw any Collaterals Collateral in part or in whole from the Client’s Account. 2.6 The Client shall on demand from WLSL the Company make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL the Company as WLSL the Company in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL the Company before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II I will constitute an Event the responsiblity under Clause 17 of Default under the main body of the Securities Account Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL the Company from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL the Company from the Account or any other account of the Client with WLSL the Company or its Associates.

Appears in 1 contract

Samples: Client Agreement

Margin Facility. 2.1 The Account Facility is capable of conducting margin trading and WLSL agrees to grant credit facilities (“Facility”) extended to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this AgreementSchedule, any facility letter fee and charges advised from WLSL MSCL to the Client and such other agreement, document terms and conditions as may be specified by WLSL from time to time in the Securities Trading Account (collectively called known as “Margin Facility Terms”). The Client agrees to use the Facility in connection with the acquisition or holding of Securities by MSCL for the Client. 2.2 WLSL Subject to Clause 2.4 below, MSCL may grant the Client Facility of such amount up to a limited percentage the Credit Limit as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateraltime. The Credit Limit available to the Client shall and the Margin Ratio may be varied by notice by MSCL from time to time upon XXXX’s request promptly time. Notwithstanding the credit limit as notified to the Client, MSCL may at its discretion extend Facility to the Client in excess of the Credit Limit and duly execute and deliver any and all such further instruments and documents as WLSL may deem necessary or desirable for the purpose of obtaining Client agrees that the Client shall be liable to repay the full benefit amount of the Margin any Facility Terms and of the rights and powers granted under the same.given by MSCL in accordance with Clause 6.1 2.3 WLSL MSCL is instructed and authorised authorized by the Client to draw on the Facility to settle any amounts due to WLSL MSCL or its Associates in respect of the Client’s 's purchase of Securities, margin maintenance obligations for any options positions required by WLSL MSCL or its Associates, or payment of any commission or other costs and expenses owing to WLSL MSCL or its Associates. 2.4 WLSL MSCL will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL MSCL may not provide any Facility to the Client if any of the following circumstances should arise:- (ai) if the Client is in default of any provisions of this the Agreement; or (bii) in In the opinion of WLSL MSCL there is or has been a material adverse change in the Client’s 's financial condition or in the financial condition of any other person which might adversely affect the Client’s 's ability to discharge the Client’s 's liabilities or perform the Client’s 's obligations under this the Agreement; or (ciii) making Making an advance would cause the applicable Margin Ratio Credit Limit to be exceeded; or (div) WLSL in MSCL is its absolute absolution discretion considers it prudent or desirable for its protection not to do so.. 本附表是補充其依附的並為本公司與客戶簽訂的現金客戶協議,藉以使客戶的帳戶能够進行孖展交易﹙「孖展帳戶」﹚,及本公司同意按客戶要求向客戶提供客戶交易的信用融資﹙「融資」﹚。如現金客戶協議與本孖展客戶協議的條款有任何衝突時,以後者的條款為準。 1. 定 義 1.1 本附表中的條款之含義與證券交易帳户條款所界定者相同,另有特別聲明者除外。 1.2 證券交易帳户中所提及的「帳戶」,將被視為包括按照本附表而設立的孖展帳戶。 1.3 抵押品」是指客戶現在或將來任何時候存放於、轉移或令致其轉移往本公司或其聯營公司或代名人的,或由本公司或其聯營公司或代名人持有的,或於本公司或其聯營公司接受作為在協議之下客戶債務的擔保的情況下,轉移往任何其他人士或由任何其他人士持有的所有款項和證券。該等抵押品將包括本公司或其聯營公司不時為任何目的而持有、托管或控制的款項及證券(包括任何額外或被替代的證券,及就該等證券或額外的或被替代的證券的累計或在任何時間透過贖回、分紅、優先股、認購權或其他形式所提供的所有已支付或需支付的股息或利息、供股權、權益、款項或財產) 1.4 信用限額」是指不管客戶的抵押品金額和保證金比率如何,本公司可提供予客戶的最大融資金額。 1.5 「保證金比率」是指抵押品價值的一個百分率,而該百分率將不高於客戶可向本公司借用的金額﹙或擔保其他形式的財務通融﹚與抵押品價值的百分率。 2.1 此項融資將按照本孖展客戶協議、本公司提供給客戶的任何收費表及證券交易帳户內所訂定之條款﹙統稱為「孖展融資條款」﹚而提供給客戶。客戶同意該融資只會用在有關於本公司為客戶購入或持有證券之用途。 2.2 除下列第2.4 條規定外,本公司可向客戶提供不超過本公司不時通知客戶的信用限額的融資金額。本公司可按不時通知,更改客戶可使用的信用限額及保證金比率。儘管有已通知客戶的信用限額,本公司仍可有酌情權向客戶提供超過該信用限額的融資,而客戶亦同意客戶有責任按第6.1 條之規定全數償還任何由本公司提供的任何融資。 2.3 客戶指示並授權本公司提取融資用以清償應付本公司或其聯營公司任何有關客戶購買證券、履行本公司或其聯營公司要求任何持倉的保證金義務、或支付所欠本公司或其聯營公司的任何佣金或其他開支和費用的款項。 2.4 本公司在任何時候均有權不向客戶提供任何融資。客戶明白尤其是在下列任何情況發生時,本公司將不會向客戶提供任何融資﹕ (i) 客戶未能履行本協議的任何條款﹔或 (ii) 本公司認為客戶的財務狀況正出現或已出現了重大的不利變化,或任何人士的財務狀況發生了重大不利變化,而可能會影響客戶解除在協議之下的責任或履行客戶在協議之下的義務﹔ 或 (iii) 提供墊支將會令有關適用的信用限額被超過﹔ 或 (iv) 本公司根據其絕對酌情權,認為不提供融資將更為審慎或適宜。 2.5 For so long as there exists any indebtedness to WLSL MSCL on the Client’s 's part, WLSL MSCL shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL MSCL be entitled to withdraw any Collaterals Collateral in part or in whole from the Client’s 's Account. 2.6 The Client shall on demand from WLSL MSCL make payments of deposits or margin in monies, Securities and/or other Collateral assets in such amount and in such form into a designated account and within such time as may be specified by WLSL MSCL (referred to as WLSL a Margin Call), as MSCL in its absolute absolution discretion determines necessary to provide adequate security in respect of the Facility. Any payments For the purpose of Margin Call, MSCL shall use its best endeavours to be paid contact the Client promptly by phone on the telephone numbers indicated by the Client on the Account Opening Form and/or by sending to the Client a Margin Call notice by post, fax, email or otherwise. Client agrees that it shall be made into a designated account deemed properly notified of WLSL before 12:00 noon on the due date in same day fundsMargin Call even if MSCL fails to contact it by phone or the Client fails to receive the written notice. 2.7 Any failure by the Client to comply with Clause 2.6 in of this Schedule II will constitute an and Event of Default under the main body Clause 11 of the Securities Account Trading Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit the Facility extended to the Client, . The interest rate shall be at a percentage above MSCL's cost of funds which will vary according to the rates prevailing money market situation and as notified to the Client by WLSL from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL MSCL from the Margin Account or any other account of the Client with WLSL MSCL or its Associates.

Appears in 1 contract

Samples: Agreement for Securities Trading Account

Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client Customer shall from time to time upon XXXXCMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates. 2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:- (a) if the Client Customer is in default of any provisions of this Agreement; or (b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account. 2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL CMSHK before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement. 2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.

Appears in 1 contract

Samples: Securities Account Agreement

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