Responsibility to Accept or Reject Trades Sample Clauses

Responsibility to Accept or Reject Trades. Pershing shall execute transactions in customers’ accounts and release or deposit money or securities to or for accounts only upon Broker’s instructions. Pershing reserves the right to accept written or oral transaction orders from Broker’s customers in circumstances where it determines that either (i) the customers are unable to execute those transactions through Broker or (ii) Pershing is required to do so by applicable or relevant law. Notwithstanding any instructions to the contrary, Pershing may, after notifying Broker orally or in writing: (i) refuse to confirm a transaction or cancel a confirmation; (ii) reject a delivery or receipt of securities or money; (iii) refuse to clear a trade executed by Broker; or (iv) refuse to execute a trade for the account of a customer or Broker.
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Responsibility to Accept or Reject Trades. Clearing Agent shall execute transactions in customers’ accounts and release or deposit money or securities to or for accounts only upon Introducing Firm’s instructions or the instructions of Introducing Firm’s clients’ investment advisors. Clearing Agent reserves the right to accept written or oral transaction orders from Introducing Firm’s customers in circumstances where it determines that either (i) the customers are unable to execute those transactions through Introducing Firm or (ii) Clearing Agent is required to do so by applicable or relevant law. Notwithstanding any instructions to the contrary, Clearing Agent may, after notifying Introducing Firm orally or in writing: (i) refuse to confirm a transaction or cancel a confirmation; (ii) reject a delivery or receipt of securities or money; (iii) refuse to clear a trade executed by Introducing Firm; or (iv) refuse to execute a trade for the account of a customer or Introducing Firm.
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Responsibility to Accept or Reject Trades. First Clearing shall execute transactions in customers’ accounts and release or deposit money or securities to or for accounts only upon Broker’s instructions. First Clearing reserves the right to accept written or oral transaction orders from Broker’s customers in circumstances where it determines that either (i) the customers are unable to execute those transactions through Broker or (ii) First Clearing is required to do so by applicable or relevant law. Notwithstanding any instructions to the contrary, First Clearing may in its sole discretion: (i) cancel and/or re-xxxx a transaction; (ii) decline a transaction (prior to execution); (iii) reject a delivery or receipt of securities or money; (iv) refuse to clear a trade executed by Broker; or (v) refuse to execute a trade for the account of a customer or Broker.
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Responsibility to Accept or Reject Trades. Pershing shall execute transactions in customers' accounts and release or deposit money or securities to or for accounts only upon Broker's instructions. Pershing reserves the right to accept written or oral transaction orders from Broker's customers in circumstances where it determines that the customers are unable to execute those transactions through
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Responsibility to Accept or Reject Trades. Fortis shall settle transactions in customers' accounts and release or deposit money or securities to or for accounts, but only upon Broker's instructions.
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Responsibility to Accept or Reject Trades. Broker shall be responsible for the acceptance of any orders or the execution of any securities orders for Accounts. Broker shall transmit all orders for Accounts in accordance with such procedures as ConvergEx may from time to time establish. ConvergEx may, in its sole reasonable discretion, determine whether to accept a properly transmitted order for execution, clearance and/or settlement. ConvergEx, acting as Broker’s agent, and not as the agent for Customer, will execute the transactions as requested by Broker using commercially reasonable efforts in accordance with custom and practice within the securities industry. ConvergEx may determine, as it deems advisable in its sole discretion, the methodology (including, without limitation, the selection of floor brokers, automated execution facilities, dark pools, or internal crosses) that will be utilized to execute such trades. ConvergEx reserve the right to accept written or oral transaction orders from any Customer in circumstances where it determines that either (i) the Customer is unable to execute those transactions through Broker, or (ii) ConvergEx is required to do so by Applicable Regulations. In the event that Broker executes a transaction (in its own name or in the name of another broker-dealer, including without limitation, ConvergEx), sends an order to another broker-dealer for execution, or otherwise designates the contra broker for a transaction, Broker shall be responsible for any loss or damage to ConvergEx, any Customer or any Account, including without limitation any loss or damage arising from or relating to (a) any act or omission by the executing broker (including without limitation Broker acting as executing broker) or the contra broker in executing, clearing and/or settling the transaction(s), (b) any use of ConvergEx as the “give-up” for clearance and settlement, and (c) any use of a ConvergEx mnemonic, MPID or other identifier. Unless Broker specifically requests that ConvergEx handle an order otherwise, Broker authorizes ConvergEx, in its sole discretion, to submit a Customer’s order being handled by ConvergEx on an agency basis to, and to execute transactions for Broker matched through, its “ConvergEx Cross” Alternative Trading System (“ATS”), an agency crossing engine, and/or in or through any other ATS or dark pool operated by ConvergEx or any other person. Further, Broker authorizes ConvergEx, in its sole discretion, to use any such order to create an indications-of-interest (...
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Responsibility to Accept or Reject Trades. Pershing shall execute transactions in customers' accounts and release or deposit money or securities to or for accounts only upon Broker's instructions. Pershing reserves the right, provided it has advised Broker with an explanation (confirmed in writing or by electronic message in a manner as agreed by the parties), to accept written or oral transaction orders from Broker's customers in extraordinary circumstances where it determines that either (i) the customers are unable to execute those transactions through Broker (ii) or Pershing is required to do so by applicable or relevant law. Notwithstanding any instructions to the contrary, Pershing may, after advising Broker orally or in writing with an explanation ; (i) refuse to confirm a transaction or cancel a confirmation, (ii) reject a delivery or receipt of securities or money; (iii) refuse to clear a trade executed by Broker; or (iv) refuse to execute a trade for the account of a customer or Broker; however, if Pershing elects any of the aforementioned (i) through (iv), Pershing shall remain responsible for the damages arising from its election if its election were not reasonable under the circumstances.
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Related to Responsibility to Accept or Reject Trades

  • Responsibility of PFPC (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.

  • No responsibility to perfect Transaction Security The Security Agent shall not be liable for any failure to:

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.

  • Responsibility Disclaimed The Administrative Agent shall not be under any liability or responsibility whatsoever as Administrative Agent:

  • Responsibility for documentation Neither the Agent nor the Arranger:

  • Representations and Warranties; No Responsibility for Appraisal of Creditworthiness Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of Company and its Subsidiaries. No Agent shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter, and no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders.

  • Bank Provides Diverse Financial Services and May Generate Profits as a Result Customer acknowledges that Bank or its Affiliates may have a material interest in transactions entered into by Customer with respect to the Account or that circumstances are such that Bank may have a potential conflict of duty or interest. For example, Bank or its Affiliates may act as a market maker in the Financial Assets to which Instructions relate, provide brokerage services to other customers, act as financial adviser to the issuer of such Financial Assets, act in the same transaction as agent for more than one customer, have a material interest in the issue of the Financial Assets, or earn profits from any of these activities. Customer acknowledges that Bank or its Affiliates may be in possession of information tending to show that the Instructions received may not be in the best interests of Customer. Bank is not under any duty to disclose any such information.

  • Responsibility of Agent It is expressly understood and agreed that the obligations of Agent under the Loan Documents are only those expressly set forth in the Loan Documents as to each and that Agent shall be entitled to assume that no Default or Event of Default has occurred and is continuing, unless Agent has actual knowledge of such fact or has received notice from a Lender or Borrower that such Lender or Borrower considers that a Default or an Event of Default has occurred and is continuing and specifying the nature thereof. Neither Agent nor any of its directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by them under or in connection with the Loan Documents, except for its or their own gross negligence or willful misconduct. Agent shall not incur liability under or in respect of any of the Loan Documents by acting upon any notice, consent, certificate, warranty or other paper or instrument believed by it to be genuine or authentic or to be signed by the proper party or parties, or with respect to anything which it may do or refrain from doing in the reasonable exercise of its judgment, or which may seem to it to be necessary or desirable. Agent shall not be responsible to Lenders for any of Borrower’s recitals, statements, representations or warranties contained in any of the Loan Documents, or in any certificate or other document referred to or provided for in, or received by any Lender under, the Loan Documents, or for the value, validity, effectiveness, genuineness, enforceability or sufficiency of any of the Loan Documents or for any failure by Borrower to perform any of its obligations hereunder or thereunder. Agent may employ agents and attorneys-in-fact and shall not be answerable, except as to money or securities received by it or its authorized agents, for the negligence or misconduct of any such agents or attorneys-in-fact selected by it with reasonable care. The relationship between Agent and each Lender is only that of agent and principal and has no fiduciary aspects. Nothing in the Loan Documents or elsewhere shall be construed to impose on Agent any duties or responsibilities other than those for which express provision is therein made. In performing its duties and functions hereunder, Agent does not assume and shall not be deemed to have assumed, and hereby expressly disclaims, any obligation or responsibility toward or any relationship of agency or trust with or for Borrower or any of its beneficiaries or other creditors. As to any matters not expressly provided for by the Loan Documents, Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of all Lenders and such instructions shall be binding upon all Lenders and all holders of the Notes; provided, however, that Agent shall not be required to take any action which is contrary to the Loan Documents or applicable law. Agent shall have the right to exercise or refrain from exercising, without notice or liability to Lenders, any and all rights afforded to Agent by the Loan Documents or which Agent may have as a matter of law; provided, however, Agent shall not (i) except as provided herein and in Section 7(b) hereof, without the consent of Required Lenders approve the sale, release or substitution of Collateral other than the sale of Collateral permitted pursuant to Section 13(a)(ii) hereof, or (ii) without the consent of Required Lenders, take any other action with regard to amending the Loan Documents, waiving any Default under the Loan Documents, or taking any other action with respect to the Loan Documents. Agent shall not have liability to Lenders for failure or delay in exercising any right or power possessed by Agent pursuant to the Loan Documents or otherwise unless such failure or delay is caused by the gross negligence of Agent, in which case only Agent responsible for such gross negligence shall have liability therefor to Lenders.

  • Responsibility and Control Notwithstanding any other provision of this Agreement, it is understood and agreed that the Trust reserves the right to direct, approve or disapprove any action hereunder taken on its behalf by the Subadviser, provided, however, that the Subadviser shall not be liable for any losses to the Trust resulting from the Trust’s direction, or from the Trust’s disapproval of any action proposed to be taken by the Subadviser.

  • Responsibility and Costs All fees, expenses and out-of-pocket costs and expenses, including, without limitation, fees and disbursements of counsel, advisors and accountants, incurred by the parties hereto shall be borne solely and entirely by the party that has incurred such costs and expenses.

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