Payment of Overdue Interest. In the event that I/we fail to fulfill any of the obligations I/we owe your company relating to Futures/Options Trading, I/we shall not object, upon request by your company, to paying your company overdue interest at the rate prescribed by the Financial Instruments Exchange on which the Futures/Options Trading was conducted for the period from the day following the due date to the date of actual fulfillment. Article 17. (Measures in the Event of Suspension of Trading Due to Insolvency, etc.) In the event that your company is suspended from Futures/Options Trading (excluding those subject to Brokerage for Clearing of Securities, etc.) or the entrustment by Brokerage for Clearing of Securities, etc. (hereinafter referred to as “suspension of trading due to insolvency, etc.”) in accordance with the Trading Participant Regulations of the Financial Instruments Exchange, due to any of the reasons set forth in the following items, and the Financial Instruments Exchange decides to have the unsettled contracts based on entrustment from the customers (except for unsettled contracts for which Resale, Repurchase, etc. was not carried out by the last day of trading) transferred, resold or repurchased, or to have options in connection with such contracts exercised (including the entrustment of these actions; the same shall apply hereinafter); and when I/we wish to transfer such unsettled contracts from your company to one of the trading participants designated by the Financial Instruments Exchange (hereinafter referred to as the "Position Transfer in the case of suspension of trading due to insolvency, etc."), I/we shall not object to being required to make a request to and obtain approval from such a trading participant with respect to the Position Transfer in the case of suspension of trading due to insolvency, etc. in accordance with the rules of the Financial Instruments Exchange and by the date and time fixed by the Financial Instruments Exchange. (1) In the event that your company becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (2) In the case where your company is a Non-Clearing Participant, in the event that your company’s Designated Clearing Participant becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (3) In the event that your company fails to comply with the improvement instruction. (4) In the event that your company’s Designated Clearing Participant fails to comply with the improvement instruction. 2. In the event that the Position Transfer in the case of suspension of trading due to insolvency, etc. set forth in the preceding paragraph is carried out, I/we shall not object to being required to establish the Account with the trading participant to which my/our positions are transferred (hereinafter referred to as the "Transferee Trading Participant"). 3. In the case of Paragraph 1 above, if I/we wish to resell or repurchase the unsettled contracts based on entrustment from me/us or exercise options relating to such contracts, I/we shall not object to being required to give instructions to that effect to your company in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in paragraph 1 by the date and time fixed by the Financial Instruments Exchange. 4. In the case of Paragraph 1 above, if I/we do not obtain the approval set forth in Paragraph 1 and do not give the instructions as set forth in the preceding paragraph by the date and time fixed by the Financial Instruments Exchange as prescribed in Paragraph 1, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange. 5. Notwithstanding the provisions of the preceding paragraphs in this Article, in the case that any of the following events listed in the following items (excluding Item 2 in the event that it does not fall under the reason of Article 1, Item 1) occurs to me/us, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in Paragraph 1: (1) If the due date of the obligations is accelerated, in accordance with the provision of Article 11 hereof before the suspension of trading due to insolvency, etc.; or (2) If I/we am/are an entity that belongs to the same corporate group or one that may be deemed to substantially belong to the same corporate group of your company, and the Financial Instruments Exchange deems it inappropriate to carry out the Position Transfer in the case of suspension of trading due to insolvency, etc. Article 18. (
Appears in 4 contracts
Samples: www.jpx.co.jp, www.jpx.co.jp, www.jpx.co.jp
Payment of Overdue Interest. In the event that I/we fail to fulfill any of the obligations I/we owe your company relating to Futures/Options Trading, I/we shall not object, upon request by your company, to paying your company overdue interest at the rate prescribed by the Financial Instruments Exchange on which the Futures/Options Trading was conducted for the period from the day following the due date to the date of actual fulfillment. Article 17. (Measures in the Event of Suspension of Trading Due to Insolvency, etc.) In the event that your company is suspended from Futures/Options Trading (excluding those subject to Brokerage for Clearing of Securities, etc.) or the entrustment by Brokerage for Clearing of Securities, etc. (hereinafter referred to as “suspension of trading due to insolvency, etc.”) in accordance with the Trading Participant Regulations of the Financial Instruments Exchange, due to any of the reasons set forth in the following items, and the Financial Instruments Exchange decides to have the unsettled contracts based on entrustment from the customers (except for unsettled contracts for which Resale, Repurchase, etc. was not carried out by the last day of trading) transferred, resold or repurchased, or to have options in connection with such contracts exercised (including the entrustment of these actions; the same shall apply hereinafter); and when I/we wish to transfer such unsettled contracts from your company to one of the trading participants designated by the Financial Instruments Exchange (hereinafter referred to as the "Position Transfer in the case of suspension of trading due to insolvency, etc."), I/we shall not object to being required to make a request to and obtain approval from such a trading participant with respect to the Position Transfer in the case of suspension of trading due to insolvency, etc. in accordance with the rules of the Financial Instruments Exchange and by the date and time fixed by the Financial Instruments Exchange. (1) In the event that your company becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (2) In the case where your company is a Non-Clearing Participant, in the event that your company’s Designated Clearing Participant becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (3) In the event that your company fails to comply with the improvement instruction. (4) In the event that your company’s Designated Clearing Participant fails to comply with the improvement instruction. 2. In the event that the Position Transfer in the case of suspension of trading due to insolvency, etc. set forth in the preceding paragraph is carried out, I/we shall not object to being required to establish the Account with the trading participant to which my/our positions are transferred (hereinafter referred to as the "Transferee Trading Participant"). 3. In the case of Paragraph 1 above, if I/we wish to resell or repurchase the unsettled contracts based on entrustment from me/us or exercise options relating to such contracts, I/we shall not object to being required to give instructions to that effect to your company in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in paragraph 1 by the date and time fixed by the Financial Instruments Exchange. 4. In the case of Paragraph 1 above, if I/we do not obtain the approval set forth in Paragraph 1 and do not give the instructions as set forth in the preceding paragraph by the date and time fixed by the Financial Instruments Exchange as prescribed in Paragraph 1, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange. 5. Notwithstanding the provisions of the preceding paragraphs in this Article, in the case that any of the following events listed in the following items (excluding Item 2 in the event that it does not fall under the reason of Article 1, Item 1) occurs to me/us, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in Paragraph 1: (1) If the due date of the obligations is accelerated, in accordance with the provision of Article 11 hereof before the suspension of trading due to insolvency, etc.; or (2) If I/we am/are an entity that belongs to the same corporate group or one that may be deemed to substantially belong to the same corporate group of your company, and the Financial Instruments Exchange deems it inappropriate to carry out the Position Transfer in the case of suspension of trading due to insolvency, etc. Article 18. (
Appears in 2 contracts
Samples: www.jpx.co.jp, www.jpx.co.jp
Payment of Overdue Interest. In the event that I/we fail to fulfill any of the obligations I/we owe your company relating to Futures/Options Trading, I/we shall not object, upon request by your company, to paying your company overdue interest at the rate prescribed by the Financial Instruments Exchange on which the Futures/Options Trading was conducted for the period from the day following the due date to the date of actual fulfillment. Article 17. (Measures in the Event of Suspension of Trading Due to Insolvency, etc.) In the event that your company is suspended from Futures/Options Trading (excluding those subject to Brokerage for Clearing of Securities, etc.) or the entrustment by Brokerage for Clearing of Securities, etc. (hereinafter referred to as “suspension of trading due to insolvency, etc.”) in accordance with the Trading Participant Regulations of the Financial Instruments Exchange, due to any of the reasons set forth in the following items, and the Financial Instruments Exchange decides to have the unsettled contracts based on entrustment from the customers (except for unsettled contracts for which Resale, Repurchase, etc. was not carried out by the last day of trading) transferred, resold or repurchased, or to have options in connection with such contracts exercised (including the entrustment of these actions; the same shall apply hereinafter); and when I/we wish to transfer such unsettled contracts from your company to one of the trading participants designated by the Financial Instruments Exchange (hereinafter referred to as the "Position Transfer in the case of suspension of trading due to insolvency, etc."), I/we shall not object to being required to make a request to and obtain approval from such a trading participant with respect to the Position Transfer in the case of suspension of trading due to insolvency, etc. in accordance with the rules of the Financial Instruments Exchange and by the date and time fixed by the Financial Instruments Exchange. (1) In the event that your company becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (2) In the case where your company is a Non-Clearing Participant, in the event that your company’s Designated Clearing Participant becomes or is deemed likely to become insolvent, and in other events that are recognized to be especially necessary. (3) In the event that your company fails to comply with the improvement instruction. (4) In the event that your company’s Designated Clearing Participant fails to comply with the improvement instruction. 2. In the event that the Position Transfer in the case of suspension of trading due to insolvency, etc. set forth in the preceding paragraph is carried out, I/we shall not object to being required to establish the Account with the trading participant to which my/our positions are transferred (hereinafter referred to as the "Transferee Trading Participant"). 3. In the case of Paragraph 1 above, if I/we wish to resell or repurchase the unsettled contracts based on entrustment from me/us or exercise options relating to such contracts, I/we shall not object to being required to give instructions to that effect to your company in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in paragraph 1 by the date and time fixed by the Financial Instruments Exchange. 4. In the case of Paragraph 1 above, if I/we do not obtain the approval set forth in Paragraph 1 and do not give the instructions as set forth in the preceding paragraph by the date and time fixed by the Financial Instruments Exchange as prescribed in Paragraph 1, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange. 5. Notwithstanding the provisions of the preceding paragraphs in this Article, in the case that any of the following events listed in the following items (excluding Item 2 in the event that it does not fall under the reason of Article 1, Item 1) occurs to me/us, I/we shall not object if, with respect to the unsettled contracts based on entrustment from me/us, resale or repurchase is carried out or options are exercised at your company’s discretion for and on my/our account in accordance with the provisions prescribed by the Financial Instruments Exchange as prescribed in Paragraph 1: (1) If the due date of the obligations is accelerated, in accordance with the provision of Article 11 hereof before the suspension of trading due to insolvency, etc.; or (2) If I/we am/are an entity that belongs to the same corporate group or one that may be deemed to substantially belong to the same corporate group of your company, and the Financial Instruments Exchange deems it inappropriate to carry out the Position Transfer in the case of suspension of trading due to insolvency, etc. Article 18. (participants
Appears in 1 contract
Samples: www.jpx.co.jp
