Common use of MARGINS, SECURITY, PAYMENTS AND DELIVERY Clause in Contracts

MARGINS, SECURITY, PAYMENTS AND DELIVERY. 7.1. The Client shall pay to EVM PRIME on demand: i such sums of money by way of deposits, or as initial or variation margin as EVM PRIME may require. In the case of a Contract effected by EVM PRIME on an exchange, such margin shall be not less than the amount or percentage stipulated by the relevant exchange plus any additional margin that EVM PRIME at its reasonable discretion may require ii such sums of money as may from time to time be due to EVM PRIME under a Contract and such sums as may be required in or towards clearance of any debit balance on any Account; iii such sums of money as EVM PRIME may from time to time require as security for the Client's obligations to EVM PRIME; and iv any amount to maintain a positive cash balance on any and all Account(s). 7.2. When dealing with Contract Options EVM PRIME will enter into a contract with its Counterparties which is identical in all respects to the Contract Option between EVM PRIME and the Client and EVM PRIME may under such Counterparty contract be required to deliver additional margin from time to time. EVM PRIME may without notice change the margin requirement towards the Client to reflect changes in applicable margin requirements for EVM PRIME from time to time under any Counterparty contract. 7.3. If the Client makes any payment which is subject to any price fluctuations, withholding or deduction, the Client shall pay to EVM PRIME such additional amount to ensure that the amount actually received by EVM PRIME will equal the full amount EVM PRIME would have received had no price fluctuations, withholding or deduction been made. 7.4. Payments into the Client's account are deposited by EVM PRIME on the condition of EVM PRIME receiving the amount in question. This shall apply irrespective of whether it has been explicitly stated in receipts or other notices of or requests for payment. 7.5. With the prior written agreement of EVM PRIME on each occasion, the Client may deposit Security with EVM PRIME or provide EVM PRIME with a guarantee or indemnity from a person and in a form acceptable to EVM PRIME instead of cash for the purpose of complying with its obligations. The Client is made specifically aware that EVM PRIME at its reasonable discretion may determine the value by which Security shall be registered and consequently contribute to EVM PRIME's demand towards the Client and EVM PRIME may continuously change such value of Security without prior notice to the Client. 7.6. The Client is made aware that securities held or deposited on the Client's account with EVM PRIME the Client cannot put up as collateral or guarantee for any of the Client's obligations towards a third party. 7.7. Any Security will be held by an intermediate broker or eligible custodian, appointed by EVM PRIME, and the intermediate broker or eligible custodian shall be responsible for claiming and receiving all interest payments, income and other rights accruing to the Client. 7.8. EVM PRIME is with the Client's specific consent entitledto: i. pass on any money or Security received from the Client in order to satisfy EVM PRIME's obligations to any third party; ii. charge, pledge or grant any security arrangement over Security in order to satisfy EVM PRIME's obligations to any third party in which case the Security may or may not be registered in the Client's name; iii. lend Security to any third party in which case the Security may or may not be registered in the Client's name; and iv. return to the Client other Security than the original Security. 7.9. EVM PRIME shall not be obliged to account to the Client for any income received by EVM PRIME as a result of carrying out any of the activities described in this Clause. 7.10. The Client shall be obliged to promptly deliver any money or property deliverable by it under a Contract in accordance with the terms of that Contract and with any instructions given by EVM PRIME for the purpose of enabling EVM PRIME to perform its obligations under anycorresponding Contract entered into between EVM PRIME and a third party. 7.11. If the Client fails to provide any margin, deposit or other sum due under this Agreement in respect of any transaction EVM PRIME may close any open position without prior notice thereof to payment of any amounts due to EVM PRIME This is further regulated in Clause 8.2 and Clause 18. 7.12. If the Client fails to make any payment when it falls due, the Client shall pay interest (from the due date and until payment takes place) on the outstanding amount at the rate stated in the Commissions, Charges & Margin Schedule stipulated on the website. 7.13. The Client is advised that EVM PRIME shall have the right, in addition to any other rights it may have under this Agreement, to limit the size of the Client's open positions (net or gross) and to refuse orders to establish new positions. EVM PRIME will inform the Client as soon as possible regarding such refused orders and the reason for the refusals. Situations where EVM PRIME may exercise such right include, but are not limited to, where: i. EVM PRIME has reason to believe that the Client may be in possession of Inside Information; ii. EVM PRIME considers that there are abnormal tradingconditions; iii. the value of the Client's Security (as determined by EVM PRIME) falls below the minimum margin requirement as defined in EVM PRIME’s Commissions, Charges & Margin Schedule; or iv. the Client has a negative cash-balance on any Account.

MARGINS, SECURITY, PAYMENTS AND DELIVERY. 7.1. 7.1 The Client shall pay to EVM PRIME Bofinassets on demand: i such sums of money by way of deposits, or as initial or variation margin as EVM PRIME Bofinassets may require. In the case of a Contract effected by EVM PRIME byBofinassets on an exchange, such margin shall be not less than the amount or percentage stipulated by the relevant exchange plus any additional margin that EVM PRIME Bofinassets at its reasonable discretion may require ii such sums of money as may from time to time be due to EVM PRIME Bofinassets under a Contract and such sums as may be required in or towards clearance towardsclearance of any debit balance on any Account; iii such sums of money as EVM PRIME Xxxxxxxxxxx may from time to time require as security for the Client's obligations to EVM PRIMEBofinassets; and iv andiv any amount to maintain a positive cash balance on any and all Account(s). 7.2. 7.2 When dealing with Contract Options EVM PRIME Bofinassets will enter into a contract with its Counterparties which is identical in all respects to the Contract Option between EVM PRIME Bofinassets and the Client and EVM PRIME Bofinassets may under such Counterparty contract be required to deliver additional margin from time to timeto time. EVM PRIME Bofinassets may without notice change the margin requirement towards the Client to reflect changes in applicable margin requirements for EVM PRIME Bofinassets from time to time under any Counterparty contract. 7.3. 7.3 If the Client makes any payment which is subject to any price fluctuations, withholding or deduction, the Client shall pay to EVM PRIME Bofinassets such additional amount to ensure that the amount actually received by EVM PRIME Xxxxxxxxxxx will equal the full amount EVM PRIME Bofinasse ts would have received had no price noprice fluctuations, withholding or deduction been made. 7.4. 7.4 Payments into the Client's account are deposited by EVM PRIME Xxxxxxxxxxx on the condition of EVM PRIME Xxxxxxxxxxx receiving the amount in questionquest ion. This shall apply irrespective applyirrespective of whether it has been explicitly stated in receipts or other notices of or requests for payment. 7.5. 7.5 With the prior written agreement of EVM PRIME Bofinassets on each occasion, the Client may deposit Security with EVM PRIME Bofinassets or provide EVM PRIME Bofinassets with a guarantee or indemnity from a person and in a form acceptable to EVM PRIME Bofinassets instead of cash for the purpose of complying with its obligations. .The Client is made specifically aware that EVM PRIME Bofinassets at its reasonable discretion may determine the value by which Security shall be registered and registeredand consequently contribute to EVM PRIMEBofinassets's demand towards the Client and EVM PRIME Bofinassets may continuously change such value of Security without prior notice to the Client. 7.6. 7.6 The Client is made aware that securities held or deposited on the Client's account with EVM PRIME Bofinassets the Client cannot put up as collateral or guarantee orguarantee for any of the Client's obligations towards a third party. 7.7. 7.7 Any Security will be held by an intermediate broker or eligible custodian, appointed by EVM PRIMEXxxxxxxxxxx, and the intermediate broker or eligible custodian eligiblecustodian shall be responsible for claiming and receiving all interest payments, income and other rights accruing to the Client. 7.8. EVM PRIME 7.8 Bofinassets is with the Client's specific consent entitledto: i. entitled to: i pass on any money or Security received from the Client in order to satisfy EVM PRIMEXxxxxxxxxxx's obligations to any third party; ii. charge, pledge or grant any security arrangement over Security in order to satisfy EVM PRIME's obligations to any third party in which case the Security may or may not be registered in the Client's name; iii. lend Security to any third party in which case the Security may or may not be registered in the Client's name; and iv. return to the Client other Security than the original Security. 7.9. EVM PRIME shall not be obliged to account to the Client for any income received by EVM PRIME as a result of carrying out any of the activities described in this Clause. 7.10. The Client shall be obliged to promptly deliver any money or property deliverable by it under a Contract in accordance with the terms of that Contract and with any instructions given by EVM PRIME for the purpose of enabling EVM PRIME to perform its obligations under anycorresponding Contract entered into between EVM PRIME and a third party. 7.11. If the Client fails to provide any margin, deposit or other sum due under this Agreement in respect of any transaction EVM PRIME may close any open position without prior notice thereof to payment of any amounts due to EVM PRIME This is further regulated in Clause 8.2 and Clause 18. 7.12. If the Client fails to make any payment when it falls due, the Client shall pay interest (from the due date and until payment takes place) on the outstanding amount at the rate stated in the Commissions, Charges & Margin Schedule stipulated on the website. 7.13. The Client is advised that EVM PRIME shall have the right, in addition to any other rights it may have under this Agreement, to limit the size of the Client's open positions (net or gross) and to refuse orders to establish new positions. EVM PRIME will inform the Client as soon as possible regarding such refused orders and the reason for the refusals. Situations where EVM PRIME may exercise such right include, but are not limited to, where: i. EVM PRIME has reason to believe that the Client may be in possession of Inside Information; ii. EVM PRIME considers that there are abnormal tradingconditions; iii. the value of the Client's Security (as determined by EVM PRIME) falls below the minimum margin requirement as defined in EVM PRIME’s Commissions, Charges & Margin Schedule; or iv. the Client has a negative cash-balance on any Account.

MARGINS, SECURITY, PAYMENTS AND DELIVERY. 7.1. 7.1 The Client shall pay to EVM PRIME Omega4x on demand: i such sums of money by way of deposits, or as initial or variation margin as EVM PRIME Omega4x may require. In the case of a Contract effected by EVM PRIME Omega4x on an exchange, such margin shall be not less than the amount or percentage stipulated by the relevant exchange plus any additional margin that EVM PRIME Omega4x at its reasonable discretion may require ii such sums of money as may from time to time be due to EVM PRIME Omega4x under a Contract and such sums as may be required in or towards clearance of any debit balance on any Account; iii such sums of money as EVM PRIME Omega4x may from time to time require as security for the Client's obligations to EVM PRIMEOmega4x; and iv any amount to maintain a positive cash balance on any and all Account(s). 7.2. 7.2 When dealing with Contract Options EVM PRIME Omega4x will enter into a contract with its Counterparties which is identical in all respects to the Contract Option between EVM PRIME Omega4x and the Client and EVM PRIME Omega4x may under such Counterparty contract be required to deliver additional margin from time to time. EVM PRIME Omega4x may without notice change the margin requirement towards the Client to reflect changes in applicable margin requirements for EVM PRIME Omega4x from time to time under any Counterparty contract. 7.3. 7.3 If the Client makes any payment which is subject to any price fluctuations, withholding or deduction, the Client shall pay to EVM PRIME Omega4x such additional amount to ensure that the amount actually received by EVM PRIME Omega4x will equal the full amount EVM PRIME Omega4x would have received had no price fluctuations, withholding or deduction been made. 7.4. 7.4 Payments into the Client's account are deposited by EVM PRIME Omega4x on the condition of EVM PRIME Omega4x receiving the amount in question. This shall apply irrespective applyirrespective of whether it has been explicitly stated in receipts or other notices of or requests for payment. 7.5. 7.5 With the prior written agreement of EVM PRIME Omega4x on each occasion, the Client may deposit Security with EVM PRIME Omega4x or provide EVM PRIME Omega4x with a guarantee or indemnity from a person and in a form acceptable to EVM PRIME Omega4x instead of cash for the purpose of complying with its obligations. .The Client is made specifically aware that EVM PRIME Omega4x at its reasonable discretion may determine the value by which Security shall be registered and registeredand consequently contribute to EVM PRIMEOmega4x's demand towards the Client and EVM PRIME Omega4x may continuously change such value of Security without prior notice to the Client. 7.6. 7.6 The Client is made aware that securities held or deposited on the Client's account with EVM PRIME Omega4x the Client cannot put up as collateral or guarantee orguarantee for any of the Client's obligations towards a third party. 7.7. 7.7 Any Security will be held by an intermediate broker or eligible custodian, appointed by EVM PRIMEOmega4x, and the intermediate broker or eligible custodian eligiblecustodian shall be responsible for claiming and receiving all interest payments, income and other rights accruing to the Client. 7.8. EVM PRIME 7.8 Omega4x is with the Client's specific consent entitledto: i. entitled to: i pass on any money or Security received from the Client in order to satisfy EVM PRIMEOmega4x's obligations to any third party; ii. ; ii charge, pledge or grant any security arrangement over Security in order to satisfy EVM PRIMEOmega4x's obligations to any third party in which case the Security theSecurity may or may not be registered in the Client's name; iii. ; iii lend Security to any third party in which case the Security may or may not be registered in the Client's name; and iv. and iv return to the Client other Security than the original Security. 7.9. EVM PRIME 7.9 Omega4x shall not be obliged to account to the Client for any income received by EVM PRIME Omega4x as a result of carrying out any of the activities described in this Clause. 7.10. 7.10 The Client shall be obliged to promptly deliver any money or property deliverable by it under a Contract in accordance with the terms of that Contract and with any instructions given by EVM PRIME Omega4x for the purpose of enabling EVM PRIME Omega4x to perform its obligations under anycorresponding any corresponding Contract entered into between EVM PRIME Omega4x and a third party. 7.11. 7.11 If the Client fails to provide any margin, deposit or other sum due under this Agreement in respect of any transaction EVM PRIME Omega4x may close any open position without prior notice thereof to payment of any amounts due to EVM PRIME Omega4x. This is further regulated in Clause 8.2 and Clause 1819. 7.12. 7.12 If the Client fails to make any payment when it falls due, the Client shall pay interest (from the due date and until payment takes place) on the outstanding amount at the rate stated in the Commissions, Charges & Margin Schedule stipulated on the websiteSchedule, cf. Clause 12.3. 7.13. 7.13 The Client is advised that EVM PRIME Omega4x shall have the right, in addition to any other rights it may have under this Agreement, to limit the size of the Client's open positions (net or gross) and to refuse orders to establish new positions. EVM PRIME Omega4x will inform the Client as soon as possible regarding such refused orders and the reason for the refusals. Situations where EVM PRIME Omega4x may exercise such right include, but are not limited to, where: i. EVM PRIME : i Omega4x has reason to believe that the Client may be in possession of Inside Information; ii. EVM PRIME ; ii Omega4x considers that there are abnormal tradingconditions; iii. trading conditions; iii the value of the Client's Security (as determined by EVM PRIMEOmega4x in accordance with Clause 7.4) falls below the minimum margin requirement as defined in EVM PRIMEOmega4x’s Commissions, Charges & Margin Schedule; or iv. or iv the Client has a negative cash-balance on any Account. 7.14 Settlement of Contract Options shall correspond to the settlement of the relevant exchange traded option in accordance with the market rules and terms and conditions applicable to the relevant exchange traded option. For Contract Options on cash settled options, final settlement requires payment of the cash difference between the value of the underlying option and the strike price. For Contract Options regarding physically settled options, the Contract Options will settle into the respective contract, stock or other security. Contract Options regarding options on futures will settle into a future acquired at the strike price. Omega4x will only allow the Client to trade Contract Options on Contracts with physical delivery if the Contract Option expires before the underlying Contract. Omega4x will require Clients to close any Contract with physical delivery of commodities before they can be exercised (i.e. Omega4x does not support physical delivery of commodities).