POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 3 contracts
Samples: Account Agreement, Account Agreement, Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer broker deal through which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through CC 8 which Customer will affect effect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through CC 8 which Customer will affect effect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealerbroker-dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement
POSITIONS AND DELIVERIES. Customer authorizes RJO to purchase and sell Contracts, in accordance with Customer’s oral or written instructions. Customer acknowledges Customer’s 's reporting obligations (regarding certain sized positions) under CFTC Regulations, including Regulation 18.00. These sections obligate Customer to notify the obligation to complete CFTC on Form 40 upon request by on the CFTCfirst day that Customer's position is reportable (as defined in CFTC Regulation 15.03) and for each day thereafter as long as Customer holds the position. Customer acknowledges agrees to honor all assignments and deliver the underlying commodity in the prescribed time. If Customer fails to so deliver, Customer designates RJO to act as Customer's agent to buy such commodity contracts so that the making commitment is honored. If a call or accepting of delivery pursuant to a put option is written on a futures contract, Xxxxxxxx realizes that Customer will be required to purchase the underlying futures contract may involve at the exercise price in the event Customer receives a much higher degree notice of risk than liquidating assignment. Customer agrees to honor all assignments and pay the exercise price in the prescribed time. If Customer fails to so act, Customer designates RJO as Customer's agent to liquidate the underlying futures contract so that Customer's commitment will be honored. Customer understands that Customer's account will be debited for any loss and that a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contractcommission and/or other related transaction costs will be charged for these services. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx RJO if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx RJO the full value of the commodity at least one five (15) business day days prior to the first notice day and, in the case of short positions, at least four seven (47) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx RJO within the same periods described above. If Xxxxxxxxxx RJO does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx RJO is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer Customer shall pay and indemnify Xxxxxxxxxx RJO for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx RJO might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Voluntary Arbitration Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer broker deal through CC 8 which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer broker deal through which CC 8 Which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx R.X. X’Xxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx R.X. X’Xxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx R.X. X’Xxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx R.X. X’Xxxxx within the same periods described above. If Xxxxxxxxxx R.X. X’Xxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx R.X. X’Xxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx R.X. X’Xxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx R.X. X’Xxxxx may incur in fulfilling this responsibility. Customer agrees that XxxxxxxxxxR.X. X’Xxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. .Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx R.X. X’Xxxxx may require Customer to reduce open positions carried with XxxxxxxxxxR.X. X’Xxxxx, and (iii) that Xxxxxxxxxx R.X. X’Xxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx R.X. X’Xxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer Cus- tomer agrees to notify Xxxxxxxxxx R.X. X’Xxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx R.X. X’Xxxxx with copies of any such report. Xxxxxxxxxx R.X. X’Xxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx R.X. X’Xxxxx with information relating to the broker-dealer through which Customer will affect effect delivery. In this regard Customer will identify the name of the broker-dealer, the broker broker-dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. Rev 8/12R 7 ESTABLISHED IN 1914 When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx R.X. X’Xxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer custom- er holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx R.X. X’Xxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx R.X. X’Xxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx R.X. X’Xxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx R.X. X’Xxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx R.X. X’Xxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement (Little Harbor MultiStrategy Composite Fund)
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limitsapplicablelimits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through which Customer will affect effect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Corporate Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-dealer through which Customer will affect effect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealerbroker-dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement
POSITIONS AND DELIVERIES. Customer acknowledges Customer’s reporting obligations (regarding certain sized positions) under CFTC Regulations, including the obligation to complete Form 40 upon request by the CFTC. Customer acknowledges that the making or accepting of delivery pursuant to a futures contract may involve a much higher degree of risk than liquidating a position by offset. Xxxxxxxxxx has no control over and makes no warranty with respect to grade, quality, or tolerances of any commodity delivered in fulfillment of a contract. Customer understands that, unless the contract specifications state to the contrary, every futures contract contemplates delivery and Customer shall promptly advise Xxxxxxxxxx if Customer intends to make or take delivery. When Customer intends to take delivery, Customer shall deposit with Xxxxxxxxxx the full value of the commodity at least one (1) business day prior to the first notice day and, in the case of short positions, at least four (4) business days prior to last trading day. Alternatively, sufficient funds to take delivery or the necessary documents must be in the possession of Xxxxxxxxxx within the same periods described above. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or documents, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any property necessary to honor such obligation, and customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to delivery and storage costs) which Xxxxxxxxxx may incur in fulfilling this responsibility. Customer agrees that Xxxxxxxxxx, at its discretion, may establish trading limits for Customer’s account and may limit the number of open positions (net or gross) which Customer may execute, clear, and/or carry with or acquire through it. Customer agrees (i) not to make any trade which would have the effect of exceeding such limits, (ii) that Xxxxxxxxxx may require Customer to reduce open positions carried with Xxxxxxxxxx, and (iii) that Xxxxxxxxxx may refuse to accept orders to establish new positions. Xxxxxxxxxx may impose and enforce such limits, reduction, or refusal whether or not they are required by applicable law, regulations, or rules. Customer shall comply with all position limits established by any regulatory or self-regulatory organization or any exchange. In addition, Customer agrees to notify Xxxxxxxxxx promptly if Customer is required to file position reports with any regulatory or self-regulatory organization or with any exchange and agrees to provide Xxxxxxxxxx with copies of any such report. Xxxxxxxxxx expressly disclaims any liability for Customer’s losses related to Customer’s exceeding applicable limits. Customer understands that if Customer does not liquidate a position prior to the end of trading on the last day before expiration of a security futures contract (“SSF”), Customer will be obligated to either make or accept a cash payment for cash settled contracts, or make or accept delivery of the underlying securities in exchange for final payment of the settlement price for SSF contracts settled by physical delivery. Unless the SSF contract specifications state to the contrary, every SSF contract contemplates delivery. Before a Customer will be allowed to make or take delivery of an SSF, Customer must provide Xxxxxxxxxx with information relating to the broker-broker CC 9 dealer through which Customer will affect delivery. In this regard Customer will identify the name of the broker-dealer, the broker dealer’s Depository Trust Number, the broker Dealer’s Institutional ID number, and the Customer’s account number on the books of the broker-dealer. When a customer intends to take delivery, Customer shall provide notification and deposit with Xxxxxxxxxx the full value of the underlying securities subject to the SSF at least five (5) business days prior to the last trading day of the contract. When the customer holds a short position and intends to make delivery, Customer shall provide notification and tender the underlying securities subject to the SSF to Xxxxxxxxxx at least five (5) business days prior to the last trading day. If Xxxxxxxxxx does not receive the aforementioned instructions, funds or stocks, Xxxxxxxxxx is authorized, at its discretion, to borrow or buy any stock necessary to honor such obligation, or to liquidate or otherwise offset the position, and Customer shall pay and indemnify Xxxxxxxxxx for any costs, losses, penalties or damages (including, but not limited to settlement and transaction costs) which Xxxxxxxxxx might incur in fulfilling this responsibility. Approval for hedge margins does not exempt an account from speculative positions limits. To be exempt from speculative position limits requires application and approval of a hedge exemption from the CFTC and the contract’s respective exchange.
Appears in 1 contract
Samples: Account Agreement