Common use of Margin Facility Clause in Contracts

Margin Facility. 2.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement (Securities Trading Account) and any margin offer letter from NECHK to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of securities by NECHK for the Client. 2.2 Subject to Clause 2.4 below, NECHK may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at discretion of NECHK without notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK on demand. 2.3 NECHK is authorized by the Client to draw on the Margin Facility to settle any amounts due to NECHK in respect of the Client’s purchase of securities, margin maintenance obligations for any positions required by NECHK or payment of any commission or other costs and expenses owing to NECHK including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 NECHK will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that NECHK will be under no obligation to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) The Client is default of any provision of the Margin Facility Terms; or (b) In the opinion of NECHK, 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 his/her liabilities or perform his/her obligations under the Margin Facility Terms; or (c) Making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK 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 NECHK on the part of the Client, NECHK 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 NECHK be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by NECHK for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above NECHK’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK from time to time. Such interest charges may be deducted by NECHK from the Margin Account or any other account of the Client with NECHK or other member of NE Group.

Appears in 1 contract

Samples: Client Agreement (Securities Trading Account)

AutoNDA by SimpleDocs

Margin Facility. 2.1 The Margin Facility is granted extended by PC Securities Limited to the Client for financing the trading of securities in accordance with Margin Account on the provisions set out in terms and conditions of this Agreement, the Client Agreement (Securities Trading Account) and any margin offer letter from NECHK other terms and conditions which may be indicated by PC Securities Limited to the Client (collectively referred as “Margin Facility Terms”). from time to time. 2.2 The Client agrees to use facility limit of the Margin Facility only in connection with the acquisition or holding of securities by NECHK for the Client. 2.2 Subject to Clause 2.4 below, NECHK may grant the Client a Margin Facility of shall be such amount up to the Margin Limit as may be notified advised by PC Securities Limited to the Client from time to time. The Margin Limit available Client shall from time to time ensure that the Client and the Margin Ratio may debit balance outstanding in his account shall not be varied at discretion of NECHK without notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion extend greater than the Margin Facility granted to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK on demandhim. 2.3 NECHK PC Securities Limited is authorized by the Client to draw on the Margin Facility to settle any amounts due to NECHK PC Securities Limited in respect of the Client’s purchase of securities and to finance continued holding of securities, margin maintenance obligations for any positions required by NECHK or the payment of commission, interest and any commission or other costs expenses incidental to the operation of the Margin Account and expenses any other sums owing to NECHK including costs PC Securities Limited. The Margin Facility is immediately repayable on demand and any expenses that may be incurred PC Securities Limited may, in connection with its absolute discretion, vary the realisation of any Collateral. 2.4 NECHK will not terms or terminate the Margin Facility at any time be it thinks fit. PC Securities Limited is not obliged in any way to provide any Margin Facility financial accommodation to the Client. For the avoidance of doubt, if a debit balance arises in any Margin Account, PC Securities Limited shall not be, nor shall PC Securities Limited be deemed to be, obliged to make available or continue to make available any financial accommodation. In particular, but without limitation, the fact that PC Securities Limited permits a debit balance to arise in any Margin Account so debited shall not imply any obligation on the part of PC Securities Limited to advance monies or incur any obligation on the Client's behalf on any subsequent occasion, but without prejudice to the obligations of the Client understands that NECHK in respect of any debit balance which PC Securities Limited does permit to arise. 2.4 The Client shall provide and maintain adequate Collateral and provide such additional Collateral in the manner and within the time limit specified by PC Securities Limited for the compliance with the margin requirements set by PC Securities Limited. PC Securities Limited in its absolute discretion determines the amount, type and form, manner of delivery, calculation basis of permissible value and timing of the delivery of the required Collateral. PC Securities Limited may change the margin requirements from time to time and at any time in its absolute discretion without prior notice to the Client. Any failure of the Client in providing the required Collateral will be under no obligation constitute an Event of Default and PC Securities Limited is entitled to provide or continue to provide any Margin Facility if dispose of any of the Collateral without prior notice to the Client. 2.5 The time for provision of Collateral and for payment of margin deposit is of the essence and if no time is stipulated by PC Securities Limited in making a demand for Collateral or margin deposit, the Client is required to comply with such demand within one hour from the time of making such demand (or in a shorter period if so required by PC Securities Limited). The Client also agrees to pay immediately in full on demand any amount owing under the Margin Facility. All initial and subsequent payments for margin deposits shall be made in cleared funds and in such currency and in such amounts as PC Securities Limited may in its sole direction require. 2.6 Notwithstanding this Agreement, in the event that it is in the sole opinion of PC Securities Limited that it is impracticable for PC Securities Limited to make demand on the Client for additional Collateral pursuant to this Agreement, PC Securities Limited shall be deemed to have made such demand of additional Collateral in such form and amount as PC Securities Limited may determine and such demand shall become immediately due and payable by the Client. The aforesaid impracticality may be due to the following circumstances arises:-(without limitation) rapid changes or development involving prospective changes: (a) The Client in the local, national or international monetary, financial, economic or political conditions or foreign exchange controls which has resulted or is default in the opinion of any provision of PC Securities Limited likely to result in a material or adverse fluctuation in the Margin Facility Termsstock market, bond market, currency market, commodities or futures market in Hong Kong and/or overseas; or (b) In the opinion of NECHK, there which is or has been may be of a material adverse change in nature affecting the Client’s financial condition conditions of the Client or in the financial condition operations of any person which might adversely affect the Client’s ability to discharge his/her liabilities or perform his/her obligations under the Margin Facility Terms; or (c) Making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK in its absolute discretion considers it prudent or desirable for its protection not to do soAccount. 2.5 For so long as there exists any indebtedness to NECHK 2.7 The Client shall pay interest on the part outstanding amount of the Client, NECHK shall be entitled at any time and Margin Facilities 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 NECHK be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by NECHK for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in at such amount rate and in such form into a designated account and within such time manner as specified determined by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of PC Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above NECHK’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK Limited from time to time. Such Interest will accrue on the outstanding amount of the Margin Facilities on daily basis and the accrued interest charges may will be deducted by NECHK from the Margin Account or on a monthly basis and shall be immediately payable at any other account of time upon the Client with NECHK or other member of NE Groupdemand made by PC Securities Limited.

Appears in 1 contract

Samples: Client Agreement

Margin Facility. 2.1 The Margin Facility is granted extended by the Broker to the Client for financing the trading of securities in accordance with Margin Account on the provisions set out in this Agreement, the Client Agreement (Securities Trading Account) Additional Terms For Margin Account and any margin offer letter from NECHK to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of securities by NECHK for the Client. 2.2 Subject to Clause 2.4 below, NECHK may grant the Client a Margin Facility of such amount up to the Margin Limit as other terms and conditions which may be notified indicated by the Broker to the Client from time to time. The Margin Limit available , and (applicable to Options Account) for financing the Client trading of Exchange Traded Options and the Margin Ratio may be varied at discretion fulfilment of NECHK without notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion extend the Margin Facility to the Client in excess margin requirements of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK on demandOptions Account. 2.3 NECHK 2.2 The Broker is authorized by the Client to draw on the Margin Facility to settle any amounts due to NECHK the Broker in respect of the Client’s purchase of securities and to finance continued holding of securities, margin maintenance obligations for any positions required by NECHK or the payment of commission, interest and any commission or other costs expenses incidental to the operations of the Margin Account and expenses any other sums owing to NECHK including costs the Broker and any expenses that may be incurred the Broker Group Companies and (applicable to Options Account) financing the trading of Exchange Traded Options and the fulfilment of margin requirements of Options Account for the fulfilment of margin requirements of Options Account. The Margin Facility is repayable on demand and the Broker may, in connection with its absolute discretion, vary the realisation of any Collateral. 2.4 NECHK will not terms in this Clause 2 or terminate the Margin Facility at any time be it thinks fit. The Broker is not obliged in any way to provide any Margin Facility financial accommodation to the Client. For the avoidance of doubt, if a debit balance arises in any Margin Account, the Broker shall not be, nor shall the Broker be deemed to be, obliged to make available or continue to make available any financial accommodation. In particular, but without limitation, the Client understands fact that NECHK will be under no obligation the Broker permits a debit balance to provide or continue to provide arise in any Margin Facility if Account so debited shall not imply any of the following circumstances arises:- (a) The Client is default of any provision of the Margin Facility Terms; or (b) In the opinion of NECHK, 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 his/her liabilities or perform his/her obligations under the Margin Facility Terms; or (c) Making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK 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 NECHK obligation on the part of the Broker to advance monies or incur any obligation on the Client's behalf on any subsequent occasion, NECHK but without prejudice to the obligations of the Client in respect of any debit balance which the Broker does permit to arise. 2.3 The Client shall be entitled provide and maintain adequate Collateral and provide such additional Collateral in the manner and within the time limit specified by the Broker for the compliance with the margin requirements set by the Broker. The Broker in its absolute discretion determines the amount, type and form, manner of delivery, calculation basis of permissible value and timing of the delivery of the required Collateral. The Broker may change the margin requirements at any time in its absolute discretion without prior notice to the Client. Any failure of the Client in providing the required Collateral in Clauses 2.3 or 2.4 or 2.5, constitutes an Event of Default and from time the Broker is entitled to time to refuse any withdrawal dispose of any or all of the Collateral without prior notice to the Client. 2.4 The time for provision of Collateral and for payment of margin deposit is of essence and if no time is stipulated by the Broker in making a demand for Collateral or margin deposit, the Client is required to comply with such demand within one hour from the time of making such demand (or in a shorter period if so required by the Broker). The Client also agrees to pay immediately in full on demand any amount owing under the Margin Facility. All initial and subsequent payments for margin deposits shall not without be made in cleared funds and in such currency and in such amounts as the prior written consent Broker may in its sole direction require. 2.5 Notwithstanding Clauses 2.3 and 2.4, in the event that it is in the sole opinion of NECHK the Broker that it is impracticable for the Broker to make demand on the Client for additional Collateral pursuant to Clause 2.3, the Company shall be entitled deemed to withdraw any have made such demand of additional Collateral in part or in whole from such form and amount as the Broker may determine and such demand shall become immediately due and payable by the Client’s Account. All amounts The aforesaid impracticality may be due to the following (less brokerage and other proper chargeswithout limitation) received by NECHK for rapid changes or on account development involving prospective changes: (A) in the local, national or international monetary, financial, economic or political conditions or foreign exchange controls which has resulted or is in the opinion of the Broker likely to result in a material or adverse fluctuation in the stock market, currency market, commodities or futures market in Hong Kong and/or overseas; or (B) which is or may be of a material adverse nature affecting the conditions of the Client from the sale of Securities shall firstly be paid to the credit or operations of the Margin Account towards the repayment of any amount outstanding under the Margin FacilitiesAccount. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 The Client agrees to pay interest on a daily basis on the outstanding amount of the Margin Facility granted Facilities from time to time at such rate and in such manner as determined by the Client. The interest rate shall be at a percentage above NECHK’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK Broker from time to time. Such Interest will accrue on the outstanding amount of the Margin Facilities on daily basis and the accrued interest charges may will be deducted by NECHK from the Margin Account or on a monthly basis and shall be payable at any other account of time upon the Client with NECHK or other member of NE Groupdemand made by the Broker.

Appears in 1 contract

Samples: Client Master Agreement

Margin Facility. 2.1 25.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement (Securities Trading Account) and any margin offer letter from NECHK uSMART SG to the Client (collectively referred as “Margin Facility Terms”). The Client acknowledge and agree that uSMART SG shall have the right to reduce, cancel or vary, and from time to time review any Margin Facility and that nothing in this Margin Facility Terms shall be deemed to impose on uSMART SG any obligation under any Applicable Law or in equity to make or continue to make available to the Client a Margin Facility. The Client further acknowledges and agrees that the Margin Facility Terms may be amended, varied or supplemented by uSMART SG from time to time by notice through such other method of notification as uSMART SG may designate (which includes notification by electronic mails or via Electronic Trading Service), such amendment to take effect on the date of such notice or on the date that uSMART SG may specify without further consent from the Client. The Client agrees to use the Margin Facility only in connection with the acquisition or acquisition, sale and/or holding of securities by NECHK for the ClientMarginable Securities. 2.2 25.2 Subject to Clause 2.4 25.5 below, NECHK uSMART SG may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of NECHK uSMART SG without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion to (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK uSMART SG on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 NECHK 25.3 uSMART SG is authorized authorised by the Client to draw on the Margin Facility to settle any amounts due to NECHK uSMART SG in respect of the Client’s purchase of securitiesMarginable Securities, margin maintenance obligations for any positions required by NECHK uSMART SG or payment of any commission or other costs and expenses owing to NECHK uSMART SG including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 NECHK 25.4 Any Collateral deposited with uSMART SG may be valued at 100% of the market valuation or be subject to a discount at such other percentage as uSMART SG may in its sole and absolute discretion prescribe from time to time. 25.5 uSMART SG will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that NECHK will be under no obligation uSMART SG is not obliged to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) The 25.5.1 the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) In 25.5.2 in the opinion of NECHK, uSMART SG 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 his/her his liabilities or perform his/her his obligations under the Margin Facility Terms; or (c) Making 25.5.3 making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK 25.5.4 uSMART SG in its sole and absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 25.6 For so long as there exists any indebtedness to NECHK uSMART SG on the part of the Client, NECHK uSMART SG 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 NECHK uSMART SG be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by NECHK uSMART SG for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 25.7 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above NECHKuSMART SG’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK uSMART SG from time to time. Interest shall accrue on a daily basis from the applicable due date or otherwise the date of demand up to and including the date on which the uSMART SG receives actual and unconditional payment in full. Overdue interest shall be compounded monthly and shall itself bear interest. Such interest charges may be deducted by NECHK uSMART SG from the Margin Account or any other account of the Client with NECHK uSMART SG or any other member of NE uSmart Group. 25.8 In respect of the Margin Facility, the Client hereby undertakes: 25.8.1 that it will at all times comply with all Collateral deposits and/or Margin Ratio and/or other maintenance requirements prescribed by uSMART SG or otherwise notified to the Client by uSMART SG. In this connection, the Client shall where required execute such Collateral documents as may be required by uSMART SG to ensure that uSMART SG will have a valid and enforceable first security interest over all the Customer’s Securities and/or property deposited with uSMART SG as Collateral; 25.8.2 that it shall comply at all times with such position and/or financial exposure limits which uSMART SG may prescribe or otherwise notify the Client from time to time in respect to any single Securities counter that the Client may transact in with respect to the Margin Account; 25.8.3 to take all reasonable steps to obtain and communicate to uSMART SG all information, and deliver or cause to be delivered to uSMART SG all documents, with respect to transactions under the Margin Account which may be requested by uSMART SG or the SGX-ST, CDP, SCCS, MAS or any authority having such right to request for such information to enable uSMART SG to comply with the Applicable Law and in any case not later than seven (7) days after being requested in writing by uSMART SG to do so or such earlier date as the SGX-ST, CDP, SCCS, MAS or any other authority may require; 25.8.4 to disclose to uSMART SG if there is any material adverse change in the Client’s business, assets, financial condition, operating environment or management; 25.8.5 the fact that all Securities transactions in the Margin Account shall be on an immediate or a ready basis and the credit extended under the Margin Account shall not be used to subscribe for new issues of Securities (including initial public offers and rights issues). 25.9 The Client acknowledges that in no event is uSMART SG obliged to accept any Instruction the Client may give (for the establishment for a new position) as uSMART SG may, amongst other things, have its own aggregate limits of exposure to a particular Securities counter or aggregate limits to the financing available to uSMART SG or permitted of uSMART SG or the Margin Facility uSMART SG is permitted to engage in, and if uSMART SG had in good faith inadvertently accepted any of the Client’s Instructions which would cause uSMART SG to be in breach of any its obligations whether under the Applicable Law or the terms of financing extended to uSMART SG, the Client acknowledges that uSMART SG may in its sole and absolute discretion, take any and all action necessary to rectify such a breach (including but not limited to allocating the Instructions to an Account in the Client’s name other than the Margin Account designated for the Margin Facility) and the Client will effect settlement accordingly. 25.10 The Client acknowledges and understand that trading on margin involves a high degree of risk and may result in loss of funds even greater than the amount deposited by the Client in the Margin Account.

Appears in 1 contract

Samples: Client Agreement

Margin Facility. 2.1 The Margin Facility is granted extended by AIF SEC to the Client for financing the trading of securities in accordance with Margin Account on the provisions set out in this Agreement, the Client Agreement (Securities Trading Account) Additional Terms for Margin Accounts and any margin offer letter from NECHK to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of securities by NECHK for the Client. 2.2 Subject to Clause 2.4 below, NECHK may grant the Client a Margin Facility of such amount up to the Margin Limit as other terms and conditions which may be notified indicated by AIF SEC to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at discretion of NECHK without notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK on demand. 2.3 NECHK 2.2 AIF SEC is authorized by the Client to draw on the Margin Facility to settle any amounts due to NECHK AIF SEC in respect of the Client’s purchase of securities and to finance continued holding of securities, margin maintenance obligations for any positions required by NECHK or the payment of commission, interest and any commission or other costs expenses incidental to the operation of the Margin Account and expenses any other sums owing to NECHK including costs AIF SEC and any expenses that may be incurred its Associates. The Margin Facility is repayable on demand and AIF SEC may, in connection with its absolute discretion, vary the realisation of any Collateral. 2.4 NECHK will not terms in this Clause 2 or terminate the Margin Facility at any time be it thinks fit. AIF SEC is not obliged in any way to provide any Margin Facility financial accommodation to the Client. For the avoidance of doubt, if a debit balance arises in any Margin Account, AIF SEC shall not be, nor shall AIF SEC be deemed to be, obliged to make available or continue to make available any financial accommodation. In particular, but without limitation, the fact that AIF SEC permits a debit balance to arise in any Margin Account so debited shall not imply any obligation on the part of AIF SEC to advance monies or incur any obligation on the Client's behalf on any subsequent occasion, but without prejudice to the obligations of the Client understands that NECHK will be under no obligation in respect of any debit balance which AIF SEC does permit to arise. 2.3 The Client shall provide and maintain adequate Collateral and provide such additional Collateral in the manner and within the time limit specified by AIF SEC for the compliance with the margin requirements set by AIF SEC. AIF SEC in its absolute discretion determines the amount, type and form, manner of delivery, calculation basis of permissible value and timing of the delivery of the required Collateral. AIF SEC may change the margin requirements at any time in its absolute discretion without prior notice to the Client. Any failure of the Client in providing the required Collateral pursuant to Clauses 2.3 or continue 2.4 or 2.5 constitutes an Event of Default and AIF SEC is entitled to provide any Margin Facility if dispose of any of the Collateral without prior notice to the Client. 2.4 The time for provision of Collateral and for payment of margin deposit is of the essence and if no time is stipulated by AIF SEC in making a demand for Collateral or margin deposit, the Client is required to comply with such demand within one hour from the time of making such demand (or in a shorter period if so required by AIF SEC). The Client also agrees to pay immediately in full on demand any amount owing under the Margin Facility. All initial and subsequent payments for margin deposits shall be made in cleared funds and in such currency and in such amounts as AIF SEC may in its sole direction require.‌ 2.5 Notwithstanding Clauses 2.3 and 2.4, in the event that it is in the sole opinion of AIF SEC that it is impracticable for AIF SEC to make demand on the Client for additional Collateral pursuant to Clause 2.3, the Company shall be deemed to have made such demand of additional Collateral in such form and amount as AIF SEC may determine and such demand shall become immediately due and payable by the Client. The aforesaid impracticality may be due to the following circumstances arises:-(without limitation) rapid changes or development involving prospective changes: (aA) The Client in the local, national or international monetary, financial, economic or political conditions or foreign exchange controls which has resulted or is default in the opinion of any provision of AIF SEC likely to result in a material or adverse fluctuation in the Margin Facility Termsstock market, currency market, commodities or futures market in Hong Kong and/or overseas; or (bB) In the opinion of NECHK, there which is or has been may be of a material adverse change in nature affecting the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge his/her liabilities or perform his/her obligations under the Margin Facility Terms; or (c) Making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK 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 NECHK on the part of the Client, NECHK 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 NECHK be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by NECHK for or on account conditions of the Client from the sale of Securities shall firstly be paid to the credit or operations of the Margin Account towards the repayment of any amount outstanding under the Margin FacilitiesAccount. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 The Client agrees to pay interest on a daily basis on the outstanding amount of the Margin Facility granted Facilities from time to the Client. The interest time at such rate shall be at a percentage above NECHK’s cost of funds which will vary according to the prevailing money market situation and in such manner as notified to the Client determined by NECHK AIF SEC from time to time. Such Interest will accrue on the outstanding amount of the Margin Facilities on daily basis and the accrued interest charges may will be deducted by NECHK from the Margin Account or on a monthly basis and shall be payable at any other account of time upon the Client with NECHK or other member of NE Groupdemand made by AIF SEC.

Appears in 1 contract

Samples: Client Agreement

AutoNDA by SimpleDocs

Margin Facility. 2.1 The Margin Facility is granted extended to the Client in accordance with the provisions set out in this AgreementSchedule, the Client Agreement (Securities Trading Account) any fee and any margin offer letter charges advised from NECHK SDICSI SECURITIES to the Client and in the Agreement for Securities Trading Account (collectively referred known as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of securities Securities by NECHK SDICSI SECURITIES for the Client. 2.2 Subject to Clause 2.4 below, NECHK SDICSI SECURITIES may grant the Client a Margin Facility of such amount up to the Margin Credit Limit as may be notified to the Client from time to time. The Margin Credit Limit available to the Client and the Margin Ratio may be varied at discretion of NECHK without by notice by SDICSI SECURITIES from time to the Clienttime. Notwithstanding the Margin Credit Limit as notified to the Client, NECHK SDICSI SECURITIES may at its discretion extend the Margin Facility to the Client in excess of the Margin Credit Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK on demandSDICSI SECURITIES in accordance with Clause 6.1 in this Schedule. 2.3 NECHK SDICSI SECURITIES is instructed and authorized by the Client to draw on the Margin Facility to settle any amounts due to NECHK SDICSI SECURITIES or its Associates in respect of the Client’s 's purchase of securitiesSecurities, margin maintenance obligations for any positions required by NECHK SDICSI SECURITIES or its Associates, or payment of any commission or other costs and expenses owing to NECHK including costs and any expenses that may be incurred in connection with the realisation of any CollateralSDICSI SECURITIES or its Associates. 2.4 NECHK SDICSI SECURITIES will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that NECHK will be under no obligation to provide or continue to SDICSI SECURITIES may not provide any Margin Facility to the Client if any of the following circumstances arises:-should arise:- (ai) The Client is in default of any provision provisions of the Margin Facility TermsAgreement for Securities Trading Account; or (bii) In the opinion of NECHK, SDICSI SECURITIES 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 his/her the Client's liabilities or perform his/her the Client's obligations under the Margin Facility TermsAgreement for Securities Trading Account; or (ciii) Making an advance would cause the applicable Margin Credit Limit to be exceeded; or (div) NECHK in SDICSI SECURITIES is its absolute discretion considers it prudent or desirable for its protection not to do so.. 本附表是補充其依附的國證國際證券與客戶簽訂的證券交易帳戶協議書,藉以使客戶的國證國際證券帳戶能够進行保證金交易﹙「保證金帳 戶」﹚,及國證國際證券同意按客戶要求向客戶提供客戶交易的信用融 資﹙「融資」﹚。如證券交易帳戶協議書的條款與本附表的條款有任何 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協議書的條款所界定者相同,另有特別聲明者除外。 1.2 證券交易帳户協議書中所提及的「帳戶」,將被視為包括本附表既定的保證金帳戶。 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國證國際證券或其聯營公司的,或由國證國際證券或其聯營公司持有的,或於國證國際證券或其聯營公司接受作為在證券交易帳户協議書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。該等抵押品將包括國證國際證券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,及就該等證券的或額外的或被替代的證券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,國證國際證券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國證國際證券借用的金額﹙或擔保其他形式的財務通融﹚與抵押品價值的百分率。 2. 保證金融資 2.1 此項融資將按照本附表、國證國際證券提供給客戶的任何收費表及證券交易帳户協議書內所訂定之條款﹙統稱為「保證金融資條款」﹚而提供給客戶。客戶同意該融資只會用在有關於國證國際證券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,國證國際證券可向客戶提供不超過國證國際證券不時通知客戶的信用限額的信用限額。國證國際證券可按不時通知,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,國證國際證券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本附表中的第 6.1 條之規定全數償還任何由國證國際證券提供的任何融資。 2.3 客戶指示並授權國證國際證券提取融資用以清償應付國證國際證券或其聯營公司任何有關客戶購買證券、履行國證國際證券或其聯營公司要求任何持倉的保證金義務、或支付所欠國證國際證券或其聯營公司的任何佣金或其他開支和費用的款項。 2.4 國證國際證券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,國證國際證券將不會向客戶提供任何融資﹕ (i) 客戶未能履行證券交易帳戶協議書的任何條款﹔或 (ii) 國證國際證券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證券交易帳戶協議書之下的責任或履行客戶在證券交易帳戶協議書之下的義務﹔ 或 (iii) 提供墊支將會令有關適用的信用限額被超過﹔ 或 (iv) 國證國際證券據絕對酌情權,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 NECHK SDICSI SECURITIES on the part of the Client's part, NECHK SDICSI SECURITIES 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 NECHK SDICSI SECURITIES be entitled to withdraw any Collateral in part or in whole from the Client’s 's Account. All amounts (less brokerage and other proper charges) received by NECHK for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK SDICSI SECURITIES make payments of deposits or deposits of margin in monies, securities Securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK SDICSI SECURITIES (referred to as a Margin Call), as NECHK SDICSI SECURITIES in its absolute absolution discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which In performing the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK SDICSI SECURITIES shall use its best endeavor endeavours to contact the Client promptly by phone on the telephone numbers provided by the Client on the Account Opening Form and/or by sending to the Client a Margin Call notice by post, facsimilefax, SMS, e-mail email or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK SDICSI SECURITIES fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 2.7 Any failure by the Client to comply with Clause 2.6 of this Agreement Schedule will constitute an “and Event of Default” Default under Clause 13.10 11 of the Client Agreement (for Securities Trading Account). 2.9 The 2.8 Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted extended to the Client. The interest rate shall be at a percentage above NECHK’s SDICSI SECURITIES's cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK from time to time. Such interest charges may be deducted by NECHK SDICSI SECURITIES from the Margin Account or any other account of the Client with NECHK SDICSI SECURITIES or other member of NE Groupits Associates.

Appears in 1 contract

Samples: Agreement for Securities Trading Account

Margin Facility. 2.1 25.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement (Securities Trading Account) and any margin offer letter from NECHK uSMART SG to the Client (collectively referred as Margin Facility Terms”). The Client acknowledge and agree that uSMART SG shall have the right to reduce, cancel or vary, and from time to time review any Margin Facility and that nothing in this Margin Facility Terms shall be deemed to impose on uSMART SG any obligation under any Applicable Law or in equity to make or continue to make available to the Client a Margin Facility. The Client further acknowledges and agrees that the Margin Facility Terms may be amended, varied or supplemented by uSMART SG from time to time by notice through such other method of notification as uSMART SG may designate (which includes notification by electronic mails or via Electronic Trading Service), such amendment to take effect on the date of such notice or on the date that uSMART SG may specify without further consent from the Client. The Client agrees to use the Margin Facility only in connection with the acquisition or acquisition, sale and/or holding of securities by NECHK for the ClientMarginable Securities. 2.2 25.2 Subject to Clause 2.4 25.5 below, NECHK uSMART SG may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of NECHK uSMART SG without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, NECHK may at its discretion to (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by NECHK uSMART SG on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 NECHK 25.3 uSMART SG is authorized authorised by the Client to draw on the Margin Facility to settle any amounts due to NECHK uSMART SG in respect of the Client’s purchase of securitiesMarginable Securities, margin maintenance obligations for any positions required by NECHK uSMART SG or payment of any commission or other costs and expenses owing to NECHK uSMART SG including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 NECHK 25.4 Any Collateral deposited with uSMART SG may be valued at 100% of the market valuation or be subject to a discount at such other percentage as uSMART SG may in its sole and absolute discretion prescribe from time to time. 25.5 uSMART SG will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that NECHK will be under no obligation uSMART SG is not obliged to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) The 25.5.1 the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) In 25.5.2 in the opinion of NECHK, uSMART SG 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 his/her his liabilities or perform his/her his obligations under the Margin Facility Terms; or (c) Making 25.5.3 making an advance would cause the applicable Margin Limit to be exceeded; or (d) NECHK 25.5.4 uSMART SG in its sole and absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 25.6 For so long as there exists any indebtedness to NECHK uSMART SG on the part of the Client, NECHK uSMART SG 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 NECHK uSMART SG be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by NECHK uSMART SG for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 25.7 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above NECHKuSMART SG’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by NECHK uSMART SG from time to time. Interest shall accrue on a daily basis from the applicable due date or otherwise the date of demand up to and including the date on which the uSMART SG receives actual and unconditional payment in full. Overdue interest shall be compounded monthly and shall itself bear interest. Such interest charges may be deducted by NECHK uSMART SG from the Margin Account or any other account of the Client with NECHK uSMART SG or any other member of NE uSmart Group. 25.8 In respect of the Margin Facility, the Client hereby undertakes: 25.8.1 that it will at all times comply with all Collateral deposits and/or Margin Ratio and/or other maintenance requirements prescribed by uSMART SG or otherwise notified to the Client by uSMART SG. In this connection, the Client shall where required execute such Collateral documents as may be required by uSMART SG to ensure that uSMART SG will have a valid and enforceable first security interest over all the Customer’s Securities and/or property deposited with uSMART SG as Collateral; 25.8.2 that it shall comply at all times with such position and/or financial exposure limits which uSMART SG may prescribe or otherwise notify the Client from time to time in respect to any single Securities counter that the Client may transact in with respect to the Margin Account; 25.8.3 to take all reasonable steps to obtain and communicate to uSMART SG all information, and deliver or cause to be delivered to uSMART SG all documents, with respect to transactions under the Margin Account which may be requested by uSMART SG or the SGX-ST, CDP, SCCS, MAS or any authority having such right to request for such information to enable uSMART SG to comply with the Applicable Law and in any case not later than seven (7) days after being requested in writing by uSMART SG to do so or such earlier date as the SGX-ST, CDP, SCCS, MAS or any other authority may require; 25.8.4 to disclose to uSMART SG if there is any material adverse change in the Client’s business, assets, financial condition, operating environment or management; 25.8.5 the fact that all Securities transactions in the Margin Account shall be on an immediate or a ready basis and the credit extended under the Margin Account shall not be used to subscribe for new issues of Securities (including initial public offers and rights issues). 25.9 The Client acknowledges that in no event is uSMART SG obliged to accept any Instruction the Client may give (for the establishment for a new position) as uSMART SG may, amongst other things, have its own aggregate limits of exposure to a particular Securities counter or aggregate limits to the financing available to uSMART SG or permitted of uSMART SG or the Margin Facility uSMART SG is permitted to engage in, and if uSMART SG had in good faith inadvertently accepted any of the Client’s Instructions which would cause uSMART SG to be in breach of any its obligations whether under the Applicable Law or the terms of financing extended to uSMART SG, the Client acknowledges that uSMART SG may in its sole and absolute discretion, take any and all action necessary to rectify such a breach (including but not limited to allocating the Instructions to an Account in the Client’s name other than the Margin Account designated for the Margin Facility) and the Client will effect settlement accordingly. 25.10 The Client acknowledges and understand that trading on margin involves a high degree of risk and may result in loss of funds even greater than the amount deposited by the Client in the Margin Account.

Appears in 1 contract

Samples: Client Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!