Common use of Netting and Set-Off Clause in Contracts

Netting and Set-Off. ‌ In addition to any other right to withhold payment, we shall be entitled (but not obliged), at any time and without notice to you, to net-off and set-off any liability we have to you or one of your Group Companies or your agents towards the full or partial settlement of any liability (including without limitation any loss incurred by us or one of our Group Companies in connection with your Account or your trading activities) you owe to us or to any of our Group Companies, whether any such liability is present or future, liquidated or unliquidated, under these terms or not and irrespective of the currency or its denomination, and against any account (including joint account, corporate account or other accounts which you may hold with us or any of our Group Companies) in which you may have financial interest. If we exercise the rights of net-off or set-off and it shows that the amounts due to us or one of our Group Companies exceed the amount due to you, we will give you notice of this and you shall immediately pay such shortfall to us. If the liabilities to be set-off are expressed in different currencies, we may convert either liability at a rate of exchange which we determine to be reasonable for the purpose of netting or set-off, and you shall be liable for any currency exchange fees and costs. Any exercise by us of our rights under this section shall be without prejudice to any other rights or remedies available to us or any of our Group Companies under these Terms or otherwise. If an obligation due to us or one of our Group Companies by you or one of your Group Companies or agents, cannot be reasonably ascertained, we may, at our sole discretion and in good faith, estimate that obligation and set-off in respect of that estimate.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

AutoNDA by SimpleDocs

Netting and Set-Off. In addition to any other right to withhold payment, we shall be entitled (but not obliged), at any time and without notice to you, to net-off and set-off any liability we have to you or one of your Group Companies or your agents towards the full or partial settlement of any liability (including without limitation any loss incurred by us or one of our Group Companies in connection with your Account or your trading activities) you owe to us or to any of our Group Companies, whether any such liability is present or future, liquidated or unliquidated, under these terms or not and irrespective of the currency or its denomination, and against any account (including joint account, corporate account or other accounts which you may hold with us or any of our Group Companies) in which you may have financial interest. If we exercise the rights of net-off or set-off and it shows that the amounts due to us or one of our Group Companies exceed the amount due to you, we will give you notice of this and you shall immediately pay such shortfall to us. If the liabilities to be set-off are expressed in different currencies, we may convert either liability at a rate of exchange which we determine to be reasonable for the purpose of netting or set-off, and you shall be liable for any currency exchange fees and costs. Any exercise by us of our rights under this section shall be without prejudice to any other rights or remedies available to us or any of our Group Companies under these Terms or otherwise. If an obligation due to us or one of our Group Companies by you or one of your Group Companies or agents, cannot be reasonably ascertained, we may, at our sole discretion and in good faith, estimate that obligation and set-off in respect of that estimate.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

AutoNDA by SimpleDocs

Netting and Set-Off. In addition to any other right to withhold payment, we shall be entitled (but not obliged), at any time and without notice withoutnotice to you, to net-off and set-off any liability we have to you or one of your Group Companies or your agents towards the full or partial settlement of any liability (including without limitation any loss incurred by us or one of our Group Companies in connection with your Account or your trading activities) you owe to us or to any of our Group Companies, whether any such liability is present or future, liquidated or unliquidated, under these terms or not and irrespective of the currency or its denomination, and against any account (including joint account, corporate account or other accounts which you may hold with us or any of our Group Companies) in which you may have financial interest. If we exercise the rights of net-off or set-off and it shows that the amounts due to us or one of our Group Companies exceed the amount due to you, we will give you notice of this and you shall immediately pay such shortfall to us. If the liabilities to be set-off are expressed in different currencies, we may convert either liability at a rate of exchange which we determine to be reasonable for the purpose of netting or set-off, and you shall be liable for any currency exchange fees and costs. Any exercise by us of our rights under this section clause shall be without prejudice to any other rights or remedies available to us or any of our Group Companies under these Terms or otherwise. If an obligation due to us or one of our Group Companies by you or one of your Group Companies or agentsCompanies, cannot be reasonably ascertained, we may, at our sole discretion and in good faith, estimate that obligation and set-off in respect of that estimate.

Appears in 1 contract

Samples: Client Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.