Common use of Power of appropriation Clause in Contracts

Power of appropriation. You further agree that, to the extent that any of the Margin you provide us with under these Terms and Conditions constitutes “financial collateral” free of any adverse interest of yours or any other person, we shall have the right to appropriate all or any part of such financial collateral in or towards discharge of any Secured Obligations. For this purpose, you agree that the value of such financial collateral so appropriated shall be the amount of the margin, together with any accrued, but un-posted interest, at the time the right of the appropriation is exercised. You further acknowledge and agree that the method of valuation provided for in this Agreement shall be deemed to constitute a commercially reasonable method of valuation for the purposes hereof.

Appears in 2 contracts

Samples: Client Agreement Terms, Client Agreement

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Power of appropriation. You further agree that, to the extent that any of the Margin margins you provide to us with under these Terms and Conditions constitutes “constitute "financial collateral” free of any adverse interest of yours or any other person, " and that this Agreement and your obligations under this Agreement constitute a "security financial collateral arrangement," we shall have the right be entitled to appropriate all or any part portion of such "financial collateral collateral" in or towards in the discharge of any Secured Obligationssecured obligations. For this purposethese purposes, you agree that at the time the right of appropriation is exercised, the value of such 'financial collateral so collateral' thus appropriated shall be the amount of the margin, together with any accrued, accrued but un-not posted interest, at the time the right of the appropriation . It is exercised. You further acknowledge agreed and agree understood that the method of valuation provided for in this Agreement shall be deemed to constitute constitutes, for the purposes of this Agreement, a commercially reasonable method of valuation for the purposes hereofvaluation.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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