Common use of Margin Facility Clause in Contracts

Margin Facility. 2.1 The Margin Facility is extended by Delta Asia to you for financing the trading of securities (other than Exchange Traded Options) in Margin Account on the Additional Terms for Margin Accounts and any other terms and conditions which may be indicated by Delta Asia to you from time to time. 2.2 Delta Asia is authorized by you to draw on the Margin Facility to settle any amounts due to Delta Asia in respect of purchase of securities and to finance continued holding of securities, the payment of commission, interest and any other expenses incidental to the operation of the Margin Account and any other sums owing to Delta Asia. The Margin Facility is repayable on demand and Delta Asia may, in its absolute discretion, vary the terms in this Clause 2 or terminate the Margin Facility at any time it thinks fit. Delta Asia is not obliged in any way to provide financial accommodation to you. 2.3 You shall provide and maintain adequate Collateral and provide such additional Collateral in the manner and within the time limit specified by Delta Asia for the compliance with the margin requirements set by Delta Asia. Delta Asia 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. Delta Asia may change the margin requirements at any time in its absolute discretion without prior notice to you. Any failure of you in providing the required Collateral in Clause 2.5, constitutes an Event of Default and Delta Asia is entitled to dispose of any of the Collateral without prior notice to you. 2.4 The time for provision of Collateral and for payment of margin deposit is of essential and if no time is stipulated by Delta Asia in making a demand for Collateral or margin deposit, you are required to comply with such demand within two hours from the time of making such demand (or in a shorter period if so required by Delta Asia). You also agree 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 Delta Asia 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 Delta Asia that it is impracticable for Delta Asia to make demand on you for additional Collateral pursuant to Clause 2.3, Delta Asia shall be deemed to have made such demand of additional Collateral in such form and amount as Delta Asia may determine and such demand shall become immediately due and payable by you. The aforesaid impracticality may be due to the following (without limitation) rapid changes or 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 Delta Asia 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 you or operations of the Margin Account. 2.6 You shall pay interest on the outstanding amount of the Margin Facilities from time to time at such rate and in such manner as determined by Delta Asia from time to time. Interest will accrue on the outstanding amount of the Margin Facilities on daily basis and the accrued interest will be deducted from the Margin Account on a monthly basis and shall be payable at any time upon the demand made by Delta Asia. 2.7 If there is a debit balance in any of your Accounts which is a cash account and you hold a Margin Account, interest will be calculated on each debit balance and charged to the Accounts separately. 2.8 You shall, upon our demand at any time, repay to us all principal and interest accrued thereon outstanding under the Margin Facility, but nothing in this Clause shall prejudice our rights, powers and remedies under any security document executed in our favour in respect of the Margin Facility. 2.9 Repayments of any amount outstanding under the Margin Facility may be made at any time and, subject to availability of funds and the provisions in this Schedule, amounts repaid shall be available for re-drawing.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Margin Facility. 2.1 The Margin Facility is extended by Delta Asia EGFGL to you for financing the trading of securities (other than Exchange Traded Options) in Margin Account on the Additional Terms for Margin Accounts and any other terms and conditions which may be indicated by Delta Asia EGFGL to you from time to time. 2.2 Delta Asia EGFGL is authorized by you to draw on the Margin Facility to settle any amounts due to Delta Asia EGFGL in respect of purchase of securities and to finance continued holding of securities, the payment of commission, interest and any other expenses incidental to the operation of the Margin Account and any other sums owing to Delta AsiaEGFGL and the Affiliates. The Margin Facility is repayable on demand and Delta Asia EGFGL may, in its absolute discretion, vary the terms in this Clause 2 or terminate the Margin Facility at any time it thinks fit. Delta Asia EGFGL is not obliged in any way to provide financial accommodation to you. 2.3 You shall provide and maintain adequate Collateral and provide such additional Collateral in the manner and within the time limit specified by Delta Asia EGFGL for the compliance with the margin requirements set by Delta AsiaEGFGL. Delta Asia EGFGL 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. Delta Asia EGFGL may change the margin requirements at any time in its absolute discretion without prior notice to you. Any failure of you in providing the required Collateral in Clause 2.5, constitutes an Event of Default and Delta Asia EGFGL is entitled to dispose of any of the Collateral without prior notice to you. 2.4 The time for provision of Collateral and for payment of margin deposit is of essential and if no time is stipulated by Delta Asia EGFGL in making a demand for Collateral or margin deposit, you are required to comply with such demand within two hours from the time of making such demand (or in a shorter period if so required by Delta AsiaEGFGL). You also agree 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 Delta Asia EGFGL 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 Delta Asia EGFGL that it is impracticable for Delta Asia EGFGL to make demand on you for additional Collateral pursuant to Clause 2.3, Delta Asia EGFGL shall be deemed to have made such demand of additional Collateral in such form and amount as Delta Asia EGFGL may determine and such demand shall become immediately due and payable by you. The aforesaid impracticality may be due to the following (without limitation) rapid changes or 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 Delta Asia EGFGL 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 you or operations of the Margin Account. 2.6 You shall pay interest on the outstanding amount of the Margin Facilities from time to time at such rate and in such manner as determined by Delta Asia EGFGL from time to time. Interest will accrue on the outstanding amount of the Margin Facilities on daily basis and the accrued interest will be deducted from the Margin Account on a monthly basis and shall be payable at any time upon the demand made by Delta AsiaEGFGL. 2.7 If there is a debit balance in any of your Accounts which is a cash account and you hold a Margin Account, interest will be calculated on each debit balance and charged to the Accounts separately. 2.8 You shall, upon our demand at any time, repay to us all principal and interest accrued thereon outstanding under the Margin Facility, but nothing in this Clause shall prejudice our rights, powers and remedies under any security document executed in our favour in respect of the Margin Facility. 2.9 Repayments of any amount outstanding under the Margin Facility may be made at any time and, subject to availability of funds and the provisions in this Schedule, amounts repaid shall be available for re-drawing.

Appears in 1 contract

Samples: Client Agreement

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