Common use of SECURITIES IN THE ACCOUNT Clause in Contracts

SECURITIES IN THE ACCOUNT. (S) 7.1 The Client specifically authorizes the Company, in respect of all securities deposited by the Client with the Company or purchased or acquired by the Company on behalf of the Client, and held by the Company for safe keeping, to register the same in the name of an associated entity or in the Client’s name, or deposit in safe custody in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by the Company or an associated entity of the Company with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities. 7.2 The Client specifically authorizes the Company, in respect of all securities collateral deposited with, or otherwise provided by or on behalf of the Client to the Company, to: 7.2.1 deposit in safe custody in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by the Company or associated entity for the purpose of holding securities collateral of the Company with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities; 7.2.2 deposit in an account in the name of the Company or associated entity (as the case may be) with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities; or 7.2.3 register in the name of the Client on whose behalf the securities collateral has been received, the Company or the associated entity. 7.3 Any securities and securities collateral held by the Company, any associated entity of the Company, banker, institution, custodian or intermediary pursuant to Clauses 7.1 and 7.2 shall be at the sole risk of the Client and the Company and the relevant associated entity, banker, institution, custodian and intermediary shall be under no obligation to insure the Client against any kind of risk, which obligation shall be the sole responsibility of the Client. 7.4 If in relation to any securities deposited with the Company which are not registered in the Client’s name, any dividends or other distributions or benefits accrue in respect of such securities, the Account(s) shall be credited (or payment made to the Client as may be agreed) with the proportion of such benefit equal to the proportion of the securities held on behalf of the Client out of the total number or amount of such securities. 7.5 If in relation to any securities deposited with the Company but which are not registered in the name of the Client, and loss is suffered by the Company, the Account(s) may be debited (or payment made by the Client as may be agreed) with the proportion of such loss equal to the proportion of the securities held on behalf of the Client out of the total number or amount of such securities. 7.6 Except as provided in Clauses 14.2 and 7.7, the Company shall not, without the Client’s oral or written direction or standing authority under the Client Securities Rules, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of Client’s securities or securities collateral for any purpose. 7.7 The Company is authorized, pursuant to section 6(3) of the Client Securities Rules, to dispose, or initiate a disposal by its associated entity, of any of the Client’s securities or securities collateral (and the Company shall have absolute discretion to determine which securities or securities collateral are to be disposed of) for the purpose of settling any liability owed by or on behalf of the Client to the Company, the associated entity or a third person. 7.8 The Company’s obligations to deliver, to hold in safe custody or otherwise or to register in the Client’s name, securities purchased or acquired by the Company on the Client’s behalf shall be satisfied by the delivery, the holding or registration in the Client’s name or the Client’s nominee of securities of the same class, denomination and nominal amount as, and rank pari passu with, those originally deposited with, transferred to or acquired by the Company on the Client’s behalf (subject always to any capital reorganization which may have occurred in the meantime) and the Company shall not be bound to deliver or return securities which are identical with such securities in terms of number, class denomination, nominal amount and rights attached thereto. 7.9 At any time, and from time to time, the Company may transfer securities and other property held by Company or Company’s nominee for the Client from or to any Account whenever the company consider that a transfer is desirable.

SECURITIES IN THE ACCOUNT. (Ss) 7.1 The Client We specifically authorizes authorize the Company, in respect of all securities deposited by the Client us with the Company or purchased or acquired by the Company on behalf of the Clientus, and held by the Company for safe keeping, to register the same in the name of an associated entity or in the Client’s our name, or deposit in safe custody in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by the Company or an associated entity of the Company with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities. 7.2 The Client We specifically authorizes authorize the Company, in respect of all securities collateral deposited with, or otherwise provided by or on behalf of the Client us to the Company, to: 7.2.1 (1) deposit in safe custody in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by the Company or associated entity for the purpose of holding securities collateral of the Company with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities; 7.2.2 (2) deposit in an account in the name of the Company or associated entity (as the case may be) with an authorized financial institution, an approved custodian or another intermediary licensed for dealing in securities; or 7.2.3 (3) register in the name of the Client us on whose behalf the securities collateral has been received, the Company or the associated entity. 7.3 Any securities and securities collateral held by the Company, any associated entity of the Company, banker, institution, custodian or intermediary pursuant to Clauses 7.1 and 7.2 shall be at the sole risk of the Client us and the Company and the relevant associated entity, banker, institution, custodian and intermediary shall be under no obligation to insure the Client us against any kind of risk, which obligation shall be the sole responsibility of the Clientus. 7.4 If in relation to any securities deposited with the Company which are not registered in the Client’s our name, any dividends or other distributions or benefits accrue in respect of such securities, the Account(s) shall be credited (or payment made to the Client us as may be agreed) with the proportion of such benefit equal to the proportion of the securities held on behalf of the Client us out of the total number or amount of such securities. 7.5 If in relation to any securities deposited with the Company but which are not registered in the name of the Clientus, and loss is suffered by the Company, the Account(s) may be debited (or payment made by the Client us as may be agreed) with the proportion of such loss equal to the proportion of the securities held on behalf of the Client us out of the total number or amount of such securities. 7.6 Except as provided in Clauses 14.2 and 7.7, the Company shall not, without the Client’s oral or written direction or standing authority under the Client Securities Rules, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of Client’s securities or securities collateral for any purpose. 7.7 The Company is authorized, pursuant to section 6(3) of the Client Securities Rules, to dispose, or initiate a disposal by its associated entity, of any of the Client’s our securities or securities collateral (and the Company shall have absolute discretion to determine which securities or securities collateral are to be disposed of) for the purpose of settling any liability owed by or on behalf of the Client us to the Company, the associated entity or a third person. 7.7 Except as provided in Clauses 7.8 below, the Company shall not, without our oral or written direction or standing authority under the Client Securities Rules, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of our securities or securities collateral for any purpose. 7.8 The Company’s 's obligations to deliver, to hold in safe custody or otherwise or to register in the Client’s our name, securities purchased or acquired by the Company on the Client’s our behalf shall be satisfied by the delivery, the holding or registration in the Client’s our name or the Client’s our nominee of securities of the same class, denomination and nominal amount as, and rank pari passu with, those originally deposited with, transferred to or acquired by the Company on the Client’s our behalf (subject always to any capital reorganization which may have occurred in the meantime) and the Company shall not be bound to deliver or return securities which are identical with such securities in terms of number, class denomination, nominal amount and rights attached thereto. 7.9 At any time, and from time to time, the Company may transfer securities and other property held by Company or Company’s nominee for the Client from or to any Account whenever the company consider that a transfer is desirable.