Common use of Rights on Event of Default Clause in Contracts

Rights on Event of Default. 33.1 Upon occurrence of an unspecified Event of Default, we may specify a date for the termination of any or all outstanding Transactions by notice to you. 33.2 The occurrence of an Event of Default of a type specified under section 32 above will result in the automatic termination of all outstanding Transactions. If any or all outstanding Transactions are terminated pursuant to the forgoing, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Agreement or otherwise, to take any or all of the following actions: 33.2.1 instead of returning to you assets equivalent to those credited to your account, to pay to you the fair market value of such assets at the time such termination is effective; 33.2.2 to Sell or otherwise liquidate, or to cause to be sold or otherwise liquidated, any or all of your collateral (whether or not constituting Margin) in our possession or in the of any nominee or third party appointed under or in connection with this Agreement, including but not limited to one of our Group Companies, in each case as we may in our sole and absolute discretion select and at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion think fit (without being responsible for any diminution in price or other loss), in order to realise funds sufficient to cover any amount due by you to us, including any and all costs related to the sale or other liquidation, which will be borne by you; 33.2.3 to treat any or all Transactions then outstanding as having been repudiated by you, to close out, replace or reverse any or all such Transactions, to Buy, Sell, borrow or lend any underlying asset, to enter into any other Transaction or to take, or refrain from taking, such other action, all at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion consider necessary or appropriate to cover, reduce or eliminate our actual or potential loss or liability under or related to any of your contracts, positions or commitments; 33.2.4 to make a claim under, enforce, or exercise any other right or remedy under or in connection with, any Credit Support Document; to enforce any charge, security interest or lien created or otherwise contemplated by this Agreement or to exercise our right of set- off provided in this Agreement or any other right of set-off or similar right we may have, whether as a matter of contract, law, or otherwise; and 33.2.5 to close any or all of your accounts. 33.3 We will not lose any of our rights or remedies under or referenced in this section 33 by reason of any failure or delay on our part in exercising them in full or in part, and no such failure, delay or partial waiver will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise any such right or remedy in full or in part or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. 33.4 Any action taken or not taken by us in connection with or pursuant to any transaction at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. 33.5 You agree to give us notice of any Event of Default immediately upon becoming aware of its occurrence. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing. 33.6 Rights of INGOT Brokers under this section shall be in addition to, and will not act to limit or exclude, any other rights which we may have (whether by agreement, operation of law or otherwise). 33.7 This section applies to each transaction entered into or remaining unsettled between INGOT Brokers and you on or after the date this Agreement takes effect. 33.8 Unless otherwise agreed in writing between us, or the rules of any relevant Market provide otherwise, if INGOT Brokers enters into any transaction with you in order to close out any existing transaction between you and INGOT Brokers then the parties respective obligations under both such transactions shall automatically and immediately be terminated upon entering into the second transaction, except for any settlement payment due from one of us to the other in respect of such close-out.

Rights on Event of Default. 33.1 ‌ Upon occurrence of an unspecified Event of Default, we may specify a date for the termination of any or all outstanding Transactions by notice to you. 33.2 . The occurrence of an Event of Default of a type specified under section 32 above will result in the automatic termination of all outstanding Transactions. If any or all outstanding Transactions are terminated pursuant to the forgoing, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Agreement or otherwise, to take any or all of the following actions: 33.2.1 instead of returning to you assets equivalent to those credited to your account, to pay to you the fair market value of such assets at the time such termination is effective; 33.2.2 to Sell or otherwise liquidate, or to cause to be sold or otherwise liquidated, any or all of your collateral (whether or not constituting Margin) in our possession or in the of any nominee or third party appointed under or in connection with this Agreement, including but not limited to one of our Group Companies, in each case as we may in our sole and absolute discretion select and at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion think fit (without being responsible for any diminution in price or other loss), in order to realise funds sufficient to cover any amount due by you to us, including any and all costs related to the sale or other liquidation, which will be borne by you; 33.2.3 to treat any or all Transactions then outstanding as having been repudiated by you, to close out, replace or reverse any or all such Transactions, to Buy, Sell, borrow or lend any underlying asset, to enter into any other Transaction or to take, or refrain from taking, such other action, all at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion consider necessary or appropriate to cover, reduce or eliminate our actual or potential loss or liability under or related to any of your contracts, positions or commitments; 33.2.4 to make a claim under, enforce, or exercise any other right or remedy under or in connection with, any Credit Support Document; to enforce any charge, security interest or lien created or otherwise contemplated by this Agreement or to exercise our right of set- set-off provided in this Agreement or any other right of set-off or similar right we may have, whether as a matter of contract, law, or otherwise; and 33.2.5 to close any or all of your accounts. 33.3 . We will not lose any of our rights or remedies under or referenced in this section 33 by reason of any failure or delay on our part in exercising them in full or in part, and no such failure, delay or partial waiver will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise any such right or remedy in full or in part or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. 33.4 . Any action taken or not taken by us in connection with or pursuant to any transaction at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. 33.5 . You agree to give us notice of any Event of Default immediately upon becoming aware of its occurrence. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing. 33.6 . Rights of INGOT Brokers FXPESA under this section shall be in addition to, and will not act to limit or exclude, any other rights which we may have (whether by agreement, operation of law or otherwise). 33.7 This section applies to each transaction entered into or remaining unsettled between INGOT Brokers and you on or after . the date this Agreement takes effect. 33.8 . Unless otherwise agreed in writing between us, or the rules of any relevant Market provide otherwise, if INGOT Brokers FXPESA enters into any transaction with you in order to close out any existing transaction between you and INGOT Brokers FXPESA then the parties respective obligations under both such transactions shall automatically and immediately be terminated upon entering into the second transaction, except for any settlement payment due from one of us to the other in respect of such close-out.

Rights on Event of Default. 33.1 Upon occurrence of an unspecified Event of Default, we may specify a date for the termination of any or all outstanding Transactions by notice to you. 33.2 . The occurrence of an Event of Default of a type specified under section 32 above will result in the automatic termination of all outstanding Transactions. If any or all outstanding Transactions are terminated pursuant to the forgoing, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Agreement or otherwise, to take any or all of the following actions: 33.2.1 instead of returning to you assets equivalent to those credited to your account, to pay to you the fair market value of such assets at the time such termination is effective; 33.2.2 to Sell or otherwise liquidate, or to cause to be sold or otherwise liquidated, any or all of your collateral (whether or not constituting Margin) in our possession or in the of any nominee or third party appointed under or in connection with this Agreement, including but not limited to one of our Group Companies, in each case as we may in our sole and absolute discretion select and at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion think fit (without being responsible for any diminution in price or other loss), in order to realise funds sufficient to cover any amount due by you to us, including any and all costs related to the sale or other liquidation, which will be borne by you; 33.2.3 to treat any or all Transactions then outstanding as having been repudiated by you, to close out, replace or reverse any or all such Transactions, to Buy, Sell, borrow or lend any underlying asset, to enter into any other Transaction or to take, or refrain from taking, such other action, all at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion consider necessary or appropriate to cover, reduce or eliminate our actual or potential loss or liability under or related to any of your contracts, positions or commitments; 33.2.4 to make a claim under, enforce, or exercise any other right or remedy under or in connection with, any Credit Support Document; to enforce any charge, security interest or lien created or otherwise contemplated by this Agreement or to exercise our right of set- set-off provided in this Agreement or any other right of set-off or similar right we may have, whether as a matter of contract, law, or otherwise; and 33.2.5 to close any or all of your accounts. 33.3 . We will not lose any of our rights or remedies under or referenced in this section 33 by reason of any failure or delay on our part in exercising them in full or in part, and no such failure, delay or partial waiver will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise any such right or remedy in full or in part or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. 33.4 . Any action taken or not taken by us in connection with or pursuant to any transaction at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. 33.5 . You agree to give us notice of any Event of Default immediately upon becoming aware of its occurrence. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing. 33.6 . Rights of INGOT Brokers EGM under this section shall be in addition to, and will not act to limit or exclude, any other rights which we may have (whether by agreement, operation of law or otherwise). 33.7 . This section applies to each transaction entered into or remaining unsettled between INGOT Brokers EGM and you on or after the date this Agreement takes effect. 33.8 . Unless otherwise agreed in writing between us, or the rules of any relevant Market provide otherwise, if INGOT Brokers EGM enters into any transaction with you in order to close out any existing transaction between you and INGOT Brokers EGM then the parties respective obligations under both such transactions shall automatically and immediately be terminated upon entering into the second transaction, except for any settlement payment due from one of us to the other in respect of such close-out.

Rights on Event of Default. 33.1 ‌ Upon occurrence of an unspecified Event of Default, we may specify a date for the termination of any or all outstanding Transactions by notice to you. 33.2 . The occurrence of an Event of Default of a type specified under section 32 above will result in the automatic termination of all outstanding Transactions. If any or all outstanding Transactions are terminated pursuant to the forgoing, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Agreement or otherwise, to take any or all of the following actions: 33.2.1 instead of returning to you assets equivalent to those credited to your account, to pay to you the fair market value of such assets at the time such termination is effective; 33.2.2 to Sell or otherwise liquidate, or to cause to be sold or otherwise liquidated, any or all of your collateral (whether or not constituting Margin) in our possession or in the of any nominee or third party appointed under or in connection with this Agreement, including but not limited to one of our Group Companies, in each case as we may in our sole and absolute discretion select and at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion think fit EGM Securities Limited| Equiti Capital UK Limited (without being responsible for any diminution in price or other loss), in order to realise funds sufficient to cover any amount due by you to us, including any and all costs related to the sale or other liquidation, which will be borne by you; 33.2.3 to treat any or all Transactions then outstanding as having been repudiated by you, to close out, replace or reverse any or all such Transactions, to Buy, Sell, borrow or lend any underlying asset, to enter into any other Transaction or to take, or refrain from taking, such other action, all at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion consider necessary or appropriate to cover, reduce or eliminate our actual or potential loss or liability under or related to any of your contracts, positions or commitments; 33.2.4 to make a claim under, enforce, or exercise any other right or remedy under or in connection with, any Credit Support Document; to enforce any charge, security interest or lien created or otherwise contemplated by this Agreement or to exercise our right of set- set-off provided in this Agreement or any other right of set-off or similar right we may have, whether as a matter of contract, law, or otherwise; and 33.2.5 to close any or all of your accounts. 33.3 . We will not lose any of our rights or remedies under or referenced in this section 33 by reason of any failure or delay on our part in exercising them in full or in part, and no such failure, delay or partial waiver will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise exercis e any such right or remedy in full or in part or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. 33.4 . Any action taken or not taken by us in connection with or pursuant to any transaction at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. 33.5 . You agree to give us notice of any Event of Default immediately upon becoming aware of its occurrence. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing. 33.6 . Rights of INGOT Brokers EGM under this section shall be in addition to, and will not act to limit or exclude, any other rights which we may have (whether by agreement, operation of law or otherwise). 33.7 . This section applies to each transaction entered into or remaining unsettled between INGOT Brokers EGM and you on or after the date this Agreement takes effect. 33.8 . Unless otherwise agreed in writing between us, or the rules of any relevant Market provide otherwise, if INGOT Brokers i f EGM enters into any transaction with you in order to close out any existing transaction between you and INGOT Brokers EGM then the parties respective obligations under both such transactions shall automatically and immediately be terminated upon entering into the second transaction, except for any settlement payment due from one of us to the other in respect of such close-out.

Rights on Event of Default. 33.1 Upon occurrence of an unspecified Event of Default, we may specify a date for the termination of any or all outstanding Transactions by notice to you. 33.2 . The occurrence of an Event of Default of a type specified under section 32 above will result in the automatic termination of all outstanding Transactions. If any or all outstanding Transactions are terminated pursuant to the forgoing, we will be entitled, without prior notice to you and without limitation of any other rights or remedies we may have under this Agreement or otherwise, to take any or all of the following actions: 33.2.1 instead of returning to you assets equivalent to those credited to your account, to pay to you the fair market value of such assets at the time such termination is effective; 33.2.2 to Sell sell or otherwise liquidate, or to cause to be sold or otherwise liquidated, any or all of your collateral (whether or not constituting Margin) in our possession or in the possession of one or more of our Group Companies or in the possession of any nominee or third party appointed under or in connection with this Agreement, including but not limited to one of our Group Companiesto, in each case as we may in our sole and absolute discretion select and at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion think fit (without being responsible for any diminution in price or other loss), in order to realise funds sufficient to cover any amount due by you to us, including any and all costs related to the sale or other liquidation, which will be borne by you; 33.2.3 to treat any or all Transactions then outstanding as having been repudiated by you, to close out, replace or reverse any or all such Transactions, to Buybuy, Sellsell, borrow or lend any underlying asset, to enter into any other Transaction or to take, or refrain from taking, such other action, all at such price or prices, at such time or times and in such manner as we in our sole and absolute discretion consider necessary or appropriate to cover, reduce or eliminate our actual or potential loss or liability under or related to any of your contracts, positions or commitments; 33.2.4 to make a claim under, enforce, or exercise any other right or remedy under or in connection with, any Credit Support Document; to enforce any charge, security interest or lien created or otherwise contemplated by this Agreement or to exercise our right of set- set-off provided in this Agreement or any other right of set-off or similar right we may have, whether as a matter of contract, law, or otherwise; and 33.2.5 to close any or all of your accounts. 33.3 . We will not lose any of our rights or remedies under or referenced in this section 33 by reason of any failure or delay on our part in exercising them in full or in partthem, and no such failure, delay or partial waiver will constitute a waiver of any such right or remedy. Under no circumstances will we be under any obligation to exercise any such right or remedy in full or in part or, if we do exercise any such right or remedy, to do so at a time or in a manner that takes into account your interests or is otherwise beneficial to you. 33.4 . Any action taken or not taken by us in connection with or pursuant to any transaction at any time after the occurrence of any Event of Default (whether or not we have knowledge of such event) will be entirely without prejudice to our right to take or not take any similar action or to refuse to take any further action at any time thereafter, and does not in any circumstances constitute as a waiver of that right or any other rights or remedies of ours should any such Event of Default have occurred. 33.5 . You agree to give us notice of any Event of Default immediately upon becoming aware of its occurrence. Notwithstanding anything in this Agreement to the contrary, we will not be obliged to make any payment or delivery otherwise required to be made by us to you pursuant to or in connection with this Agreement or any transaction for as long as an Event of Default has occurred and is continuing. 33.6 . Rights of INGOT Brokers Equiti Seychelles under this section clause shall be in addition to, and will not act to limit or exclude, any other rights which we may have (whether by agreement, operation of law or otherwise). 33.7 . This section applies to each transaction entered into or remaining unsettled between INGOT Brokers Equiti Seychelles and you on or after the date this Agreement takes effect. 33.8 . Unless otherwise agreed in writing between us, or the rules of any relevant Market provide otherwise, if INGOT Brokers Equiti Seychelles enters into any transaction with you in order to close out any existing transaction between you and INGOT Brokers Equiti Seychelles then the parties respective obligations under both such transactions shall automatically and immediately be terminated upon entering into the second transaction, except for any settlement payment due from one of us to the other in respect of such close-out.