Common use of Market Abuse Clause in Contracts

Market Abuse. 33.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Market Abuse. 33.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Market Abuse. 33.1. 11.1 The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. For your information, market abuse means as specified by the Market Abuse Law of 2016 (Law 102(I)/2016) and Regulation 596/2014 on Market Abuse as may have been varied, amended or supplemented from time to time. 33.2. 11.2 In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. 11.3 The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. 11.4 The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Market Abuse. 33.1. ‌‌ 33.1 The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.2. 33.2 In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: (a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and (b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. 33.3 The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. 33.4 The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

Market Abuse. 33.135.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company CAPITALXTEND LLC or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.235.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company CAPITALXTEND LLC has grounds for suspecting that the Client has done so, the Company CAPITALXTEND LLC may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion:for a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.335.3. The Company CAPITALXTEND LLC can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.435.4. The Company CAPITALXTEND LLC is not required to give advance notice to the Client of the exercise of its rights as above, but the Company CAPITALXTEND LLC will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

Market Abuse. 33.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: (a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and (b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

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Market Abuse. 33.135.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company FXTM or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. Market abuse is specified by the Market Abuse Law of 2016 (Law 102(I)/2016) and (EU MAR) - Regulation 596/2014 on Market Abuse, as may have been varied, amended or supplemented from time to time. 33.235.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company FXTM has grounds for suspecting that the Client has done so, the Company FXTM may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the CompanyFXTM’s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.335.3. The Company FXTM can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.435.4. The Company FXTM is not required to give advance notice to the Client of the exercise of its rights as above, but the Company FXTM will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

Market Abuse. 33.1. The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. 33.2. In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s Company‟s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Clients‟ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. The Company can exercise the above rights regardless of the effect it may have on the Client’s Client‟s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

Market Abuse. 33.1. 12.1 The Client shall not arrange or execute or place any Open Position, Trade and/or Order with the Company or otherwise, nor will the Client behave in a manner that would amount to market abuse and/or market manipulation and/or insider dealing (by the Client client himself or acting jointly with another person). In addition, the Client shall not arrange or execute or place an Open Position, Trade and/or Order that contravenes any primary or secondary legislation or other law or regulatory rules in relation to Market Abuse. For your information, market abuse means as specified by the Market Abuse Law of 2016 (Law 102(I)/2016) and Regulation 596/2014 on Market Abuse as may have been varied, amended or supplemented from time to time. 33.2. 12.2 In the event that the Client placed an Open Position, Trade and/or Order in breach of any of the representations and warranties given above or if the Company has grounds for suspecting that the Client has done so, the Company may in its absolute discretion (and with or without giving notice to the Client), and without being under any obligation to inform the Client of its reason for doing so, close that Open Position and/or Order and any other Open Position and/or Orders that the Client may have open at that time, and also in the Company’s absolute discretion: a) enforce the Open Position or Trade against the Client if it is an Open Position or Trade under which the Client had made losses; and b) treat all of the Clients’ Open Positions and Trades under this paragraph as immediately void even if they are Open Positions or Trades under which the Client has made profits. Unless and until the Client produces conclusive evidence that in fact, fact they have not committed the breach of warranty and/or misrepresentation as referred to above, within the period of one month from the date of closure under this paragraph, all such Trades between the Company and the Client (under which the Client has made profits) will be finally null and void. 33.3. 12.3 The Company can exercise the above rights regardless of the effect it may have on the Client’s other Open Positions or Orders, or other positions the Client may have with a third party and even if a loss arises as a result. 33.4. 12.4 The Company is not required to give advance notice to the Client of the exercise of its rights as above, but the Company will inform the Client as soon as practicable that it has exercised such rights.

Appears in 1 contract

Samples: Client Agreement

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