NETTING AGREEMENT. All trades between you and us are entered into in reliance on the fact that this Agreement and all trades form a single agreement between the parties, and that we would not otherwise enter into any trades with you. If we exercise our rights under this clause, all payment obligations will be consolidated into a single obligation for us to pay a net sum to you, or for you to pay a net sum to us. If the aggregate amount that is payable by one Party exceeds the aggregate amount that is payable by the other Party, then the Party by whom the larger aggregate amount is payable shall pay the excess to the other Party and the obligations to make payment of each party will be satisfied and discharged. This netting agreement shall be binding on all Parties to this Agreement and on the estate and/or creditors of all Parties to the client relationship under this Agreement. Where the Company identifies or determines, at its reasonable discretion, that you engaged in any form of arbitrage or abuse, either solely or in connection with other clients of our Company (including but not limited to risk-free profiting), to solely benefit financially without being genuinely interested in trading in the markets and/or taking market risk), it may, at its sole discretion, exercise its rights under this Agreement, without your authorization or prior notice, and close your Open positions and/or close your account, combine and consolidate your Account with any or all other Accounts held in your name with the Company (including any Account that you hold with any Associate of the Company), and set-off against each of your Account’s balance (including profit or losses on Open Positions). If the client relationship is terminated, then the claims that the Parties have against each other shall be finally discharged by means of netting (closed). The value of any open Contracts shall be determined according to the principles set forth below and the final amount to be paid by one of the Parties shall be the net difference between the payment obligations of the Parties.
Appears in 1 contract
Samples: Customer Agreement
NETTING AGREEMENT. 58.1 All trades between you and us youandus are entered into enteredinto in reliance on the onthe fact that this Agreement and all trades form a single agreement between the betweenthe parties, and that we would not wouldnot otherwise enter into any trades with you. .
58.2 If we exercise our rights under this clause, all payment obligations will obligationswill be consolidated into consolidatedinto a single obligation for us to pay a net sum to you, or for you to pay a net sum to us. If the aggregate amount that is payable by one Party exceeds the aggregate amount that is payable by the other Party, then the Party by whom the larger aggregate amount is payable shall pay the excess to the other Party and the obligations to obligationsto make payment of each party will be satisfied and discharged. This netting .
58.3 Thisnetting agreement shall be binding on all onall Parties to this Agreement and on andon the estate and/or creditors of all Parties to the client relationship under relationshipunder this Agreement. .
58.4 Where the Company identifies or determines, at its reasonable discretion, that you engaged youengaged in any form of arbitrage or abuse, either solely or in connection with connectionwith other clients of our Company (including but not limited to risk-free profiting), to solely benefit financially without being genuinely interested in trading in the markets and/or taking market risk), it may, at its sole discretion, exercise its rights under this Agreement, without your authorization or prior notice, and close your Open positions Openpositions and/or close your account, combine and consolidate your Account with any or all other Accounts held in heldin your name with the Company (including any Account that you hold youhold with any Associate of the Company), and set-off against each of your Account’s balance (including profit or losses on Open Positions). .
58.5 If the client relationship is terminated, then the claims that claimsthat the Parties have against each other shall be finally discharged by means of netting (closed). The value of any open Contracts shall be determined according determinedaccording to the principles set forth below and the final amount to be paid by paidby one of the Parties shall be Partiesshallbe the net difference between the payment obligations of the Parties.
Appears in 1 contract
Samples: Client Agreement
NETTING AGREEMENT. 58.1 All trades between you and us are entered into in reliance on the fact that this Agreement and all trades form a single agreement between the parties, and that we would not otherwise enter into any trades with you. .
58.2 If we exercise our rights under this clause, all payment obligations will be consolidated into a single obligation for us to pay a net sum to you, or for you to pay a net sum to us. If the aggregate amount that is payable by one Party exceeds the aggregate amount that is payable by the other Party, then the Party by whom the larger aggregate amount is payable shall pay the excess to the other Party and the obligations to make payment of each party will be satisfied and discharged. .
58.3 This netting agreement shall be binding on all Parties to this Agreement and on the estate and/or creditors of all Parties to the client relationship under this Agreement. .
58.4 Where the Company identifies or determines, at its reasonable discretion, that you engaged in any form of arbitrage or abuse, either solely or in connection with other clients of our Company (including but not limited to risk-free profiting), to solely benefit financially without being genuinely interested in trading in the markets and/or taking market risk), it may, at its sole discretion, exercise its rights under this Agreement, without your authorization or prior notice, and close your Open positions and/or close your account, combine and consolidate your Account with any or all other Accounts held in your name with the Company (including any Account that you hold with any Associate of the Company), and set-off against each of your Account’s balance (including profit or losses on Open Positions). .
58.5 If the client relationship is terminated, then the claims that the Parties have against each other shall be finally discharged by means of netting (closed). The value of any open Contracts shall be determined according to the principles set forth below and the final amount to be paid by one of the Parties shall be the net difference between the payment obligations of the Parties.
Appears in 1 contract
Samples: Client Agreement
NETTING AGREEMENT. 58.1. All trades between you and us are entered into in reliance on the fact that this Agreement and all trades form a single agreement between the parties, and that we would not otherwise enter into any trades with you.
58.2. If we exercise our rights under this clause, all payment obligations will be consolidated into a single obligation for us to pay a net sum to you, or for you to pay a net sum to us. If the aggregate amount that is payable by one Party exceeds the aggregate amount that is payable by the other Party, then the Party by whom the larger aggregate amount is payable shall pay the excess to the other Party and the obligations to make payment of each party will be satisfied and discharged.
58.3. This netting agreement shall be binding on all Parties to this Agreement and on the estate and/or creditors of all Parties to the client relationship under this Agreement.
58.4. Where the Company identifies or determines, at its reasonable discretion, that you engaged in any form of arbitrage or abuse, either solely or in connection with other clients of our Company (including but not limited to risk-free profiting), to solely benefit financially without being genuinely interested in trading in the markets and/or taking market risk), it may, at its sole discretion, exercise its rights under this Agreement, without your authorization or prior notice, and close your Open positions and/or close your accountAccount, combine and consolidate your Account with any or all other Accounts held in your name with the Company (including any Account that you hold with any Associate of the Company), and set-off against each of your Account’s balance (including profit or losses on Open Positions).
58.5. If the client relationship is terminated, then the claims that the Parties have against each other shall be finally discharged by means of netting (closed). The value of any open Contracts shall be determined according to the principles set forth below and the final amount to be paid by one of the Parties shall be the net difference between the payment obligations of the Parties.
Appears in 1 contract
Samples: Client Agreement