Common use of PAYMENT OBLIGATIONS OF CUSTOMER Clause in Contracts

PAYMENT OBLIGATIONS OF CUSTOMER. In respect of the Contracts entered into under this Agreement, Customer shall pay Xxxxxx Xxxxxxx upon demand (a) all applicable brokerage charges, give-up fees, commissions and service fees as Xxxxxx Xxxxxxx and Customer may from time to time agree (which may be memorialized in a written schedule of exchange commissions and fees, which written schedule is hereby incorporated by reference); (b) all applicable exchange, clearing house, NFA or other regulatory fees or charges; (c) the amount necessary to hold Xxxxxx Xxxxxxx harmless against all taxes, including any applicable interest at rates agreed between the parties, penalties and additions thereto (“Taxes”), and all contractual and other liabilities in respect of Taxes, arising in connection with the Account or Customer’s transactions hereunder including, for the avoidance of doubt, (i) any liability Xxxxxx Xxxxxxx may have to a clearing house in respect of Taxes or to a taxing authority in respect of a payment to or from a clearing house and (ii) Taxes imposed on a payment made pursuant to this Section 3(c); (d) any debit balance or deficiency in the Account, including margin obligations in respect of the Account arising under Section 6(e) hereof; (e) interest on any debit balances or deficiencies in the Account and on any monies advanced to or on behalf of Customer, at rates agreed between the parties (which shall be memorialized in a written interest schedule, which written schedule is hereby incorporated by reference); and (f) any other agreed amounts owed by Customer to Xxxxxx Xxxxxxx with respect to the Account or any transactions therein. Customer agrees to compensate Xxxxxx Xxxxxxx and its affiliates, officers, employees, successors, assigns and agents for any and all actual loss, liability, cost, damages, penalties, or Taxes (each a “Loss” and collectively “Losses”) incurred by Xxxxxx Xxxxxxx as a direct result of Customer’s failure to comply with any provision of, or to perform any obligations under, this Agreement, or as a direct result of the failure of any of its representations, warranties or covenants made hereunder to be true and correct in any material respect. Xxxxxx Xxxxxxx’x rights and protections under this paragraph shall survive the termination of any transaction in Contracts or this Agreement.

PAYMENT OBLIGATIONS OF CUSTOMER. In respect of the Contracts entered into under this Agreement, Customer shall pay Xxxxxx Xxxxxxx Xxxxx upon demand demand; (a) all applicable brokerage charges, give-up fees, commissions and service fees as Xxxxxx Xxxxxxx and Customer Xxxxx may from time to time agree (which may be memorialized in a written schedule of exchange commissions and fees, which written schedule is hereby incorporated by reference)charge; (b) all applicable exchangeboard of trade, clearing house, NFA or other regulatory clearing member fees or charges; (c) the amount necessary to hold Xxxxxx Xxxxxxx harmless against all taxes, including any applicable interest at rates agreed between the parties, penalties and additions thereto (“Taxes”), and all contractual and other liabilities in respect of Taxes, arising in connection with the Account or Customer’s transactions hereunder including, for the avoidance of doubt, (i) any liability Xxxxxx Xxxxxxx may have to a clearing house in respect of Taxes or to a taxing authority in respect of a payment to or from a clearing house and (ii) Taxes tax imposed on a payment made pursuant to this Section 3(c)such transactions by any competent taxing authority; (d) the amount of any trading losses in the Account; (e) any debit balance or deficiency in the Account, with interest thereon, together with any costs and reasonable attorneys’ fees (including margin obligations unallocated costs of Xxxxxxx Xxxxx’x in-house attorneys) incurred in respect of the Account arising under Section 6(e) hereof; (e) interest on collecting any such debit balances balance or deficiencies in the Account and on any monies advanced to or on behalf of Customer, at rates agreed between the parties (which shall be memorialized in a written interest schedule, which written schedule is hereby incorporated by reference)deficiency; and (f) any other agreed amounts owed by Customer to Xxxxxx Xxxxxxx Xxxxx with respect to the any Account or any transactions therein. Customer agrees With respect to compensate Xxxxxx brokerage commissions, you agree to pay the brokerage commission (which commissions may be distributed by Xxxxxxx Xxxxx to more than one person) and its affiliates, officers, employees, successors, assigns and agents other charges as Xxxxxxx Xxxxx shall establish from time to time for any and all actual loss, liability, cost, damages, penalties, or Taxes your Account specified in the Customers’ private placement memorandum (each a the “Loss” and collectively “LossesMemorandum”) (whether or not other Customers pay lower commissions or charges) and to pay any costs or expenses incurred in connection with transactions in your Account. You acknowledge that Xxxxxxx Xxxxx may share its fees, commissions and amounts accruing on your Account with persons or entities that introduce you to Xxxxxxx Xxxxx or provide other services to Xxxxxxx Xxxxx. Xxxxxxx Xxxxx may, from time to time, share in or receive fees, rebates or other payments from third parties with respect to transactions executed for you in each case as contemplated by Xxxxxx Xxxxxxx as a direct result of Customer’s failure to comply with any provision of, or to perform any obligations under, this Agreement, or as a direct result of the failure of any of its representations, warranties or covenants made hereunder to be true and correct in any material respect. Xxxxxx Xxxxxxx’x rights and protections under this paragraph shall survive the termination of any transaction in Contracts or this AgreementMemorandum.