MARGINS AND DEPOSIT REQUIREMENTS. Customer agrees to maintain in Customer's Account at all times collateral or margin as required in GAIN's sole and absolute discretion. Customer agrees that in no case shall such collateral or margin be less than that required by the securities or futures exchange on which the Commodity Interest traded by Customer for Customer's Account(s) is traded, however such collateral or margin required may exceed that established by such securities or futures exchange in GAIN's sole and absolute discretion. Customer agrees that margin requirements are subject to change without notice and will be enforced retroactively and prospectively. Customer agrees that if at any time Customer fails to maintain sufficient collateral or margin in Customer's Account(s), Customer shall pay immediately upon demand by GAIN all margin owing with regard to Customer's Account(s). Customer agrees to meet all demands by GAIN for margin within a reasonable time after such demand and in such manner as requested by XXXX, which may include wire transfer of immediately available funds. Customer agrees to provide GAIN with the names of bank officers and information necessary for immediate verification of such wire transfers. Customer agrees that one hour may be deemed a reasonable time to meet a margin demand. However, Xxxxxxxx agrees that GAIN, in GAIN's sole and absolute discretion, may request that margin be met in a lesser period of time. Customer agrees that GAIN's failure to require satisfaction of a margin demand within one hour or lesser period of time on any occasion shall not be deemed a waiver of GAIN's right to require such satisfaction on any subsequent occasion. Customer agrees that Xxxxxxxx's failure to receive a margin demand does not relieve Customer of the obligation to maintain margin in Customer's Account(s) as required by GAIN or any securities or futures exchange. GAIN's obligation, if any, to demand margin prior to liquidation of Customer's Account(s) shall be satisfied by one attempt to establish contact with Customer by telephone, facsimile or other Electronic Medium as determined in GAIN's sole and absolute discretion. Notwithstanding any provision contained in this Section, GAIN may at any time proceed to liquidate Customer's Account(s) in accordance with the provisions of Section 11 below.
Appears in 3 contracts
Samples: Commodity Customer Agreement, Commodity Customer Agreement, Commodity Customer Agreement
MARGINS AND DEPOSIT REQUIREMENTS. Customer agrees shall provide to and maintain with EQUINOX MARKETS LIMITED (UK) margin in Customer's Account at all times collateral such amounts and in such forms as EQUINOX MARKETS LIMITED (UK), in its sole discretion, may require. Such margin requirements may be greater or margin as required in GAIN's sole and absolute discretion. Customer agrees that in no case shall such collateral or margin be less than that margins required by the securities or futures exchange on which the Commodity Interest traded by Customer for Customer's Account(sa counter party bank. EQUINOX MARKETS LIMITED (UK) is traded, however such collateral or margin required may exceed that established by such securities or futures exchange in GAIN's sole and absolute discretion. Customer agrees that change margin requirements are subject to change without notice and will be enforced retroactively and prospectively. Customer agrees that if at any time Customer fails to maintain sufficient collateral or margin in Customer's Account(s), Customer shall pay immediately upon demand by GAIN all margin owing with regard to Customer's Account(s)time. Customer agrees to meet all demands deposit by GAIN for immediate wire transfer, or other payment method acceptable to EQUINOX MARKETS LIMITED (UK), such additional margin within a reasonable time after such demand when and in such manner as requested by XXXX, which may include wire transfer of immediately available funds. Customer agrees to provide GAIN with the names of bank officers and information necessary for immediate verification of such wire transfers. Customer agrees that one hour may be deemed a reasonable time to meet a margin demand. However, Xxxxxxxx agrees that GAIN, in GAIN's sole and absolute discretion, may request that margin be met in a lesser period of time. Customer agrees that GAIN's failure to require satisfaction of a margin demand within one hour or lesser period of time on any occasion shall not be deemed a waiver of GAIN's right to require such satisfaction on any subsequent occasion. Customer agrees that Xxxxxxxx's failure to receive a margin demand does not relieve Customer of the obligation to maintain margin in Customer's Account(s) as required by GAIN or any securities or futures exchangeEQUINOX MARKETS LIMITED (UK) and will promptly meet all margin calls in such mode of transmission as EQUINOX MARKETS LIMITED (UK) in its sole discretion designates. GAIN's obligation, if any, to demand margin prior to liquidation of Customer's Account(sEQUINOX MARKETS LIMITED (UK) shall be satisfied by one attempt to establish contact with Customer by telephone, facsimile or other Electronic Medium as determined in GAIN's sole and absolute discretion. Notwithstanding any provision contained in this Section, GAIN may at any time proceed to liquidate Customer's Account(s’s account and any failure by EQUINOX MARKETS LIMITED (UK) to enforce its rights hereunder shall not be deemed a waiver by EQUINOX MARKETS LIMITED (UK) to enforce its rights thereafter. EQUINOX MARKETS LIMITED (UK) retains the right to limit the amount and/or total number of open positions which Customer may acquire or maintain at EQUINOX MARKETS LIMITED (UK), and to increase margin requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion. EQUINOX MARKETS LIMITED (UK) will attempt to execute all orders which it may, in its sole discretion, choose to accept in accordance with the provisions oral or written or computer instructions of Section 11 below.Customer’s. EQUINOX MARKETS LIMITED (UK) reserves the right to refuse to accept any order. However, EQUINOX MARKETS LIMITED (UK) shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of EQUINOX MARKETS LIMITED (UK) including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities. In the event that Customer directs EQUINOX MARKETS LIMITED (UK) to sell any margin, collateral, contract or other property and EQUINOX MARKETS LIMITED (UK) is unable to deliver such margin, collateral, contract or other property to a purchaser because Customer fails to deliver it to EQUINOX MARKETS LIMITED (UK), EQUINOX MARKETS LIMITED (UK) may borrow or purchase any margin, collateral, contract or property necessary to make such delivery, and Customer hereby agrees to guarantee and hold EQUINOX MARKETS LIMITED (UK) harmless against any liability, claim, loss, damage, cost or expense, including attorneys’ fees that EQUINOX MARKETS LIMITED (UK) may sustain. CUSTOMER AGREEMENT 5
Appears in 2 contracts
Samples: www.equinox-markets.com, equinoxmarkets.com
MARGINS AND DEPOSIT REQUIREMENTS. Customer agrees to maintain in Customer's Account at all times collateral or margin as required in GAINGAIN Capital's sole and absolute discretion. Customer agrees that in no case shall such collateral or margin be less than that required by the securities or futures exchange on which the Commodity Interest traded by Customer for Customer's Account(s) is traded, however such collateral or margin required may exceed that established by such securities or futures exchange in GAINGAIN Capital's sole and absolute discretion. Customer agrees that margin requirements are subject to change without notice and will be enforced retroactively and prospectively. Customer agrees that if at any time Customer fails to maintain sufficient collateral or margin in Customer's Account(s), Customer shall pay immediately upon demand by GAIN Capital all margin owing with regard to Customer's Account(s). Customer agrees to meet all demands by GAIN Capital for margin within a reasonable time after such demand and in such manner as requested by XXXXGAIN Capital, which may include wire transfer of immediately available funds. Customer agrees to provide GAIN Capital with the names of bank officers and information necessary for immediate verification of such wire transfers. Customer agrees that one hour may be deemed a reasonable time to meet a margin demand. However, Xxxxxxxx Customer agrees that GAINGAIN Capital, in GAINGAIN Capital's sole and absolute discretion, may request that margin be met in a lesser period of time. Customer agrees that GAINGAIN Capital's failure to require satisfaction of a margin demand within one hour or lesser period of time on any occasion shall not be deemed a waiver of GAINGAIN Capital's right to require such satisfaction on any subsequent occasion. Customer agrees that XxxxxxxxCustomer's failure to receive a margin demand does not relieve Customer of the obligation to maintain margin in Customer's Account(s) as required by GAIN Capital or any securities or futures exchange. GAINGAIN Capital's obligation, if any, to demand margin prior to liquidation of Customer's Account(s) shall be satisfied by one attempt to establish contact with Customer by telephone, facsimile or other Electronic Medium as determined in GAINGAIN Capital's sole and absolute discretion. Notwithstanding any provision contained in this Section, GAIN Capital may at any time proceed to liquidate Customer's Account(s) in accordance with the provisions of Section 11 12 below.
Appears in 1 contract
Samples: Commodity Customer Agreement
MARGINS AND DEPOSIT REQUIREMENTS. Customer agrees to maintain in Customer's Account at all times collateral or margin as required in GAINOEC's sole and absolute discretion. Customer agrees that in no case shall such collateral or margin be less than that required by the securities or futures exchange on which the Commodity Interest traded by Customer for Customer's Account(s) is traded, however such collateral or margin required may exceed that established by such securities or futures exchange in GAINOEC's sole and absolute discretion. Customer agrees that margin requirements are subject to change without notice and will be enforced retroactively and prospectively. Customer agrees that if at any time Customer fails to maintain sufficient collateral or margin in Customer's Account(s), Customer shall pay immediately upon demand by GAIN OEC all margin owing with regard to Customer's Account(s). Customer agrees to meet all demands by GAIN OEC for margin within a reasonable time after such demand and in such manner as requested by XXXXOEC, which may include wire transfer of immediately available funds. Customer agrees to provide GAIN OEC with the names of bank officers and information necessary for immediate verification of such wire transfers. Customer agrees that one hour may be deemed a reasonable time to meet a margin demand. However, Xxxxxxxx Customer agrees that GAINOEC, in GAINOEC's sole and absolute discretion, may request that margin be met in a lesser period of time. Customer agrees that GAINOEC's failure to require satisfaction of a margin demand within one hour or lesser period of time on any occasion shall not be deemed a waiver of GAINOEC's right to require such satisfaction on any subsequent occasion. Customer agrees that XxxxxxxxCustomer's failure to receive a margin demand does not relieve Customer of the obligation to maintain margin in Customer's Account(s) as required by GAIN OEC or any securities or futures exchange. GAINOEC's obligation, if any, to demand margin prior to liquidation of Customer's Account(s) shall be satisfied by one attempt to establish contact with Customer by telephone, facsimile or other Electronic Medium as determined in GAINOEC's sole and absolute discretion. Notwithstanding any provision contained in this Section, GAIN OEC may at any time proceed to liquidate Customer's Account(s) in accordance with the provisions of Section 11 below.
Appears in 1 contract
Samples: Commodity Customer Agreement