Preliminary and General Matters Sample Clauses

Preliminary and General Matters. 3.1 Before entering into any Contract, the Customer shall satisfy itself that such Contract is suitable for the Customer’s purposes. Notwithstanding that the Company may express views on the subject matter of any Contract or on any matter connected with Financial Futures transactions generally, each Contract shall be deemed to have been entered into by the Customer in reliance only upon its own judgement, and the Company and its other Indemnified Persons shall, subject to Clause 7.1, have no responsibility or liability whatsoever in respect of any information given, or views expressed by any of them, whether or not such information is given or such views are expressed at the request of the Customer. 3.2 The Company shall provide to the Customer, upon request, product specifications and any prospectus or other offering document covering such derivative products including, without limitation, futures contracts or options. 3.3 The Customer hereby acknowledges that the Company has given a full explanation of margin procedures and the circumstances under which the Customer’s positions may be closed without the Customer’s consent. 3.4 The Customer shall ensure that all necessary authorisations, approvals and consents of any governmental or other regulatory body or authority applicable to any Financial Futures transactions are obtained and that the terms thereof and all the Market Requirements are complied with. 3.5 Every Contract is made on the clear understanding that both the Company and the Customer contemplate actual performance thereof. 3.6 The Company may at its absolute discretion and without assigning any reason, refuse to carry out any Financial Futures transaction on behalf of, or enter into any Contract with, the Customer. 3.7 In relation to Contracts of the HKFE, the Customer acknowledges that in the case of a default committed by the Company and the Customer having suffered pecuniary loss thereby in relation to transactions on the HKFE, the liability of the Compensation Fund will be restricted to valid claims as provided for in the applicable laws, rules and regulations relating to the Compensation Fund (including, without limitation, the SFO, the Securities and Futures (Investor Compensation – Claims) Rules (Cap. 571T), the Securities and Futures (Investor Compensation – Compensation Limits) Rules (Cap. 571AC) and any other relevant subsidiary legislation)) and will be subject to the monetary limits specified in such laws, rules and regulations and...
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Related to Preliminary and General Matters

  • Legal Matters In the opinion of Xxxx Xxxxxx, Authorized Signatory of Prospect Administration, administrator for Prospect Capital Corporation, a Maryland corporation (the “Company”), the certificates evidencing the Notes (the “Note Certificates”) constitute the valid and binding obligations of the Company, entitled to the benefits of the Indenture and enforceable against the Company in accordance with their terms under the laws of the State of New York subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally, concepts of reasonableness and equitable principles of general applicability (including, without limitation, concepts of good faith, fair dealing and the lack of bad faith), provided that such counsel expresses no opinion as to the effect of fraudulent conveyance, fraudulent transfer or similar provision of applicable law on the conclusions expressed above. This opinion is given as of the date hereof and is limited to the law of the State of New York as in effect on the date hereof. In addition, this opinion is subject to the same assumptions and qualifications stated in the letter of Skadden, Arps, Slate, Xxxxxxx & Xxxx, LLP dated March 8, 2012, filed as Exhibit (l)(5) to the Company’s registration statement on Form N-2 (File No. 333-176637) and to the further assumptions that (i) the Note Certificates have been duly authorized by all requisite corporate action on the part of the Company and duly executed by the Company under Maryland law, and (ii) they were duly authenticated by the Trustee and issued and delivered by the Company against payment therefor in accordance with the terms of the Fifth Amended and Restated Selling Agent Agreement and the Indenture. Capitalized terms used in this paragraph without definition have the meanings ascribed to them in the accompanying prospectus supplement.

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