Common use of MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW Clause in Contracts

MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'C, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there under, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx agrees to contact a Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxx., Xxxxx 0000; Xxxxxx, XX 00000-0000. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.

Appears in 2 contracts

Samples: Account Agreement, Corporate Account Agreement

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MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'C, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there under, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY PRINT NAME AUTHORIZED SIGNATURE(s)/TITLE(s) CUSTOMER SIGNATURE DATE PRINT NAME CUSTOMER SIGNATURE DATE REQUEST FOR ELECTRONIC TRANSMISSION OF CUSTOMER STATEMENTS CC 15 Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx Customer agrees to contact a an Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxxxxx Xxxx., Xxxxx 0000; XxxxxxSuite 211A, XX 00000-0000Chicago, IL 60604. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY PRINT NAME AUTHORIZED SIGNATURE(s)/TITLE(sCUSTOMER SIGNATURE DATE PRINT NAME CUSTOMER SIGNATURE DATE HEDGE REPRESENTATION LETTER (Hedge Customers Only) DATE CC 16 In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU YOU. MSSB OR XXXXXXXXXX CGM MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX MSSB OR CGM INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING PROCEDURE BEFORE THE CF'T'CCFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (MSSB OR CGM SEE 17 CFR C.F.R. 166.5. Agreed to: Customer: By: Print Name: Title: Date: Part III Form Resolution Authorizing Futures Trading [Corporations (whether for profit, non-profit, municipal or otherwise), foundations, partnerships and other customers which have a governing body (e.g., a Board of Directors) are required to have such governing body adopt the resolutions set forth below authorizing the opening of such Account and to submit to CGM the Secretary’s or Assistant Secretary’s Certificate set forth below certifying as to such resolutions. Alternatively, Customers may use their own form of authorizing resolution if acceptable to CGM.] CERTIFICATE OF THE ADOPTION OF RESOLUTIONS AUTHORIZING TRANSACTIONS IN FUTURES CONTRACTS, OPTIONS CONTRACTS AND RELATED CONTRACTS WITH CITIGROUP GLOBAL MARKETS INC. I, , of , a duly organized and existing under the laws of (“this Customer”) You are advised hereby certify that if you seek reparations under Section 14 at a meeting of the Commodity Exchange Act and Part 12 of the regulations promulgated there underthis Customer, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx agrees to contact a Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) duly held on the business day following the day of such activity. This consent shall be effective until revoked , , at which a quorum was present and acting throughout, the following Resolution was duly adopted and is still in writingfull force and effect: “RESOLVED: That the or or of this Customer is, signed by and each of them is, hereby authorized pursuant to the undersigned entity's investment guidelines and delivered state law to Xxxxxxxxxx at 000 Xxxx Xxxx., Xxxxx 0000; Xxxxxx, XX 00000-0000. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE In order to induce Xxxxxxxxxx to open establish and maintain one or more accounts with Citigroup Global Markets Inc. (hereinafter called the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely “Broker”) for the purpose of protection against losses which purchasing, selling, and trading in any and all securities, commodities, futures contracts, options on futures contracts, commodity options and forward contracts. Such officers are hereby authorized to open options and futures accounts with Broker, and to obligate this Customer and to perform this Customer’s obligations with respect thereto, and in conjunction therewith to transfer, deposit, pledge, or make or take delivery of or under cash, securities, futures contracts, options on futures contracts and commodities. Such officers are hereby authorized to authorize persons to act on behalf of this Customer in trading the instruments described herein to the full extent authorized above and to execute any and all contracts, agreements, acknowledgments, documents and instruments and take all such actions as may be incurred necessary or appropriate in order to give full effect to this resolution. I further certify that the foregoing resolution is authorized by the governing instruments of this Customer, that no limitation has been otherwise imposed upon such authority, and that I have been duly authorized to make this certificate on behalf of this Customer. I further certify that each of the following officers has been duly elected or appointed, that he is now legally holding the office set opposite his name, and that the signatures set forth above each typed name are true and genuine signatures of said officers. Signature: Print Name: Title: Signature: Print Name: Title: Signature: Print Name: Title: Signature: Print Name: Title: By: , Secretary / Assistant Secretary* * Signing officer cannot be an authorized signatory listed above. Privacy Notices from Xxxxxx Xxxxxxx Xxxxx Xxxxxx LLC and Citigroup Global Markets Inc. This jointly issued privacy notice contains both a cash position in notice that describes the privacy policy of Xxxxxx Xxxxxxx Xxxxx Xxxxxx LLC as your introducing broker, futures commission merchant and/or your investment advisor, as applicable, and a specific commoditynotice that describes the privacy policy of Citigroup Global Markets Inc., or the clearing broker for your introduced account. Xxxxxx Xxxxxxx Xxxxx Xxxxxx LLC Privacy Notice We are required by federal law to provide you with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolionotice of our U.S. privacy policy. The following commodities notice describes the privacy policy (“Policy”) that applies to individual clients who have a brokerage account, a commodities/futures account or an investment advisory relationship with Xxxxxx Xxxxxxx Xxxxx Xxxxxx LLC (“MSSB,” “us,” “our,” “we”). This Policy applies to both our current and former clients unless we state otherwise and is intended for individual clients who purchase products or receive services from us for personal, family or household purposes. This Policy is not applicable to partnerships, corporations, trusts or other non-individual clients or account holders, nor is this Policy applicable to individuals who are either beneficiaries of a trust for bona fide hedging which we serve as trustee or participants in an employee benefit plan administered or advised by us. This Policy is, however, applicable to individuals who select us to be a custodian of securities or assets in individual retirement accounts, 401(k) accounts, or accounts subject to the Uniform Gifts to Minors Act. This notice sets out our business practices to protect your privacy; how we collect and share personal information about you; and how you can limit our sharing or certain uses by others of this information. We may amend our Policy at any time, and will inform you of any changes to our Policy as required by law. We Respect Your Privacy We appreciate that you have provided us with your personal financial information and understand your concerns about your information. We continue to follow the long-standing commitment to safeguard the information our clients entrust to us. Protecting the confidentiality and security of client information is an important part of how we conduct our business. This notice describes what personal information we collect about you, how we collect it, when we may share it with others, and how certain others may use it. It discusses the steps you may take to limit our sharing of certain information about you with our affiliated companies, including but not limited to our affiliated investment management businesses, our banking businesses and our credit services affiliates. It also discloses how you may limit our affiliates’ use of shared information for marketing purposes. Throughout this notice, we refer to the nonpublic information that personally identifies you as “personal information.” We also use the term “affiliated company” in this notice. An affiliated company is a company in our family of companies, and includes companies with the Xxxxxx Xxxxxxx name as well as, for purposes of any relationship you may have with Xxxxxx Xxxxxxx Xxxxx Xxxxxx, companies with the Citibank, Citigroup or Citi names. These affiliated companies are financial institutions, such as broker-dealers, banks, and credit card issuers. We refer to any company that is not an affiliated company as a nonaffiliated third party. For purposes of Section 5 of this notice, and your ability to limit certain uses of personal information by our affiliates, this notice applies to the use of personal information by our affiliated companies.

Appears in 2 contracts

Samples: Futures Account Agreement, Futures Account Agreement

MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'C, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there under, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE REQUEST FOR ELECTRONIC TRANSMISSION OF CUSTOMER STATEMENTS CC 15 Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx Customer agrees to contact a an Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxxxxx Xxxx., Xxxxx 0000; XxxxxxSuite 211A, XX 00000-0000Chicago, IL 60604. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE HEDGE REPRESENTATION LETTER (Hedge Customers Only) CC 16 In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.

Appears in 1 contract

Samples: Account Agreement

MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX RJO MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX RJO INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'CCFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are Customer is advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there underthereunder, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE Upon receipt Agreement. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN AN ACCOUNT WITH X. X. X'XXXXX. SEE 17 CFR 180.1-180-5. The undersigned hereby agrees on its behalf and on behalf of Customer’s consent, Xxxxxxxxxx will provide daily confirmation its successors and P&S statements and monthly statements of activity (“Statements”) by electronic transmission guarantors to the email address indicated belowterms of this Arbitration Agreement. x Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx agrees to contact a Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxx., Xxxxx 0000; Xxxxxx, XX 00000-0000. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY NAME AUTHORIZED SIGNATURE(s)/TITLE(s) DATE In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.Signature Date

Appears in 1 contract

Samples: Voluntary Arbitration Agreement

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MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'C, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there under, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY PRINT NAME AUTHORIZED SIGNATURE(s)/TITLE(s) CUSTOMER SIGNATURE DATE Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx Customer agrees to contact a an Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxx.X. XxXxxxx Street, Xxxxx 0000; XxxxxxSuite 2930, XX 00000-0000Chicago, IL 60605. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY PRINT NAME AUTHORIZED SIGNATURE(s)/TITLE(s) CUSTOMER SIGNATURE DATE In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.

Appears in 1 contract

Samples: Account Agreement

MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW. AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF XXXXXXXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CF'T'C, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE INWHICH IN WHICH TO MAKE THAT ELECTION. YOU NEED NOT SIGN THIS AGREEMENT TO OPEN OR MAINTAIN AN ACCOUNT WITH XXXXXXXXXX. (SEE 17 CFR 166.5.) You are advised that if you seek reparations under Section 14 of the Commodity Exchange Act and Part 12 of the regulations promulgated there under, and the CFTC declines to institute reparation proceedings, claims or grievances may be subject to this Arbitration Agreement COMPANY TRUST NAME AUTHORIZED SIGNATURE(s)/TITLE(sAUTHORIZEDSIGNATURE(s)/TITLE(s) DATE REQUEST FOR ELECTRONIC TRANSMISSION OF CUSTOMER STATEMENTS CC 15 Upon receipt of Customer’s consent, Xxxxxxxxxx will provide daily confirmation and P&S statements and monthly statements of activity (“Statements”) by electronic transmission to the email address indicated below. Customer warrants and represents that the below-referenced email will promptly print out the relevant Statements in the form transmitted by Xxxxxxxxxx. Customer acknowledges its understanding that there is a risk of failure of any electronic transmission, and will not hold Xxxxxxxxxx liable directly or indirectly for such failure. If Customer fails to receive any Statement that reflects activity of which you are aware of in the account, Xxxxxxxx Customer agrees to contact a an Xxxxxxxxxx customer service representative by 8:00 a.m. (Central Time) on the business day following the day of such activity. This consent shall be effective until revoked in writing, signed by the undersigned and delivered to Xxxxxxxxxx at 000 Xxxx Xxxxxxx Xxxx., Xxxxx 0000; XxxxxxSuite 211A, XX 00000-0000Chicago, IL 60604. In addition, Customer agrees and acknowledges that for its protection and the protection of Xxxxxxxxxx, any request to change the email address listed below must be in writing and bear the signature of the undersigned. Customer authorizes Xxxxxxxxxx to provide all Statements solely by electronic transmission. Customer will access statements of activity and status online, as provided by Xxxxxxxxxx Commodities, LLC. EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS EMAIL ADDRESS COMPANY TRUST NAME AUTHORIZED SIGNATURE(s)/TITLE(sAUTHORIZEDSIGNATURE(s)/TITLE(s) DATE HEDGE REPRESENTATION LETTER (Hedge Customers Only) CC 16 In order to induce Xxxxxxxxxx to open and maintain the undersigned’s account, the undersigned represents that the transactions identified below in this account are for hedging or recognized risk management purposes only and shall be entered into solely for the purpose of protection against losses which may be incurred in a cash position in a specific commodity, or with respect to derivatives such as financial, interest rate or stock index futures, to protect against losses that may be incurred in an existing financial portfolio. The following commodities are for bona fide hedging purposes.

Appears in 1 contract

Samples: Account Agreement

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