Common use of SECURITIES IN THE ACCOUNT Clause in Contracts

SECURITIES IN THE ACCOUNT. (S) 13.1 Client specifically authorises SHKIS, in respect of any of the securities (whether in Hong Kong or elsewhere) deposited by Client with SHKIS or purchased or acquired by SHKIS on behalf of Client, and held by SHKIS for safe keeping, to register the same in the name of SHKIS, any member of the Group or any nominee appointed or agreed by SHKIS (whether such nominee is a person in Hong Kong or elsewhere) or in Client’s name, or deposit in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by SHKIS or any member of the Group with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities (in this Clause 13 referred to as “Segregated Account for Securities”) or deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.2 Client specifically authorises SHKIS, in respect of any of the securities collateral (whether in Hong Kong or elsewhere) deposited with, or otherwise provided by or on behalf of Client to SHKIS, to: 13.2.1 deposit in a Segregated Account for Securities; 13.2.2 deposit in an account in the name of SHKIS or any member of the Group (as the case may be) with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities; 13.2.3 register in the name of Client on whose behalf the securities collateral has been received, SHKIS or any member of the Group or any nominee appointed or agreed by SHKIS (whether such nominee is a person in Hong Kong or elsewhere) ; or 13.2.4 deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.3 Any securities and securities collateral (whether in Hong Kong or elsewhere) held by SHKIS, any member of the Group, banker, institution, custodian, nominee, intermediary or any other person pursuant to this Clause 13 shall be at the sole risk of Client. SHKIS, any member of the Group and the relevant associated entity, banker, institution, custodian, nominee, intermediary and person shall be under no obligation to insure Client against any kind of risk, which obligation shall be the sole responsibility of Client. 13.4 If in relation to any securities deposited with SHKIS or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in 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 Client as may be agreed) with the proportion of such dividends, distributions or benefits equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. In the event that the odd lot of such securities is not eligible for any such dividends, distributions or benefits, the odd lot held on behalf of Client will not be taken into account in the apportionment. Subject to applicable Laws and Regulatory Rules, SHKIS may retain, or otherwise dispose of, for its own account and benefit, any fractional shares entitlements to which Client may be entitled, and entitlements (in any form whatsoever) arising from any odd lot held on behalf of Client or from the aggregation of odd lots held on behalf of the clients of SHKIS (including Client). The foregoing shall not limit or prejudice, in any way, SHKIS’s rights to reject Client’s instructions under Clause 5 including, without limitation its right to reject Client’s instructions in relation to the sale or purchase of any odd lot of any securities. 13.5 If in relation to any securities deposited with SHKIS or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in the name of Client, and loss is suffered by SHKIS or any member of the Group, the Account(s) may be debited (or payment made by Client as may be agreed) with the proportion of such loss equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. 13.6 Except as provided in this Agreement or otherwise allowed under the Laws, SHKIS shall not, without Client’s oral or written direction or standing authority, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of Client’s securities or securities collateral for any purpose. 13.7 SHKIS is authorised, in accordance with applicable Laws or pursuant to a lawfully agreed standing authority, to dispose of any of Client’s securities or securities collateral (and SHKIS 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 Client to SHKIS. 13.8 The obligations of SHKIS(or any other person permitted under this Agreement) to deliver, to hold or to register in Client’s name or in the name of Client’s nominee, any of Client’s securities or securities collateral shall be satisfied by the delivery, the holding or registration in Client’s name or Client’s nominee of securities of the same class, denomination and nominal amount as, and rank pari passu with, those originally deposited with or transferred to SHKIS or any other person permitted under this Agreement or otherwise agreed by Client or acquired by SHKIS on Client’s behalf (“Original Securities”) (subject always to any capital reorganisation which may have occurred in the meantime) and SHKIS(or any other person permitted under this Agreement) shall not be bound to deliver or return securities which are identical with the Original Securities in terms of number, class, denomination, nominal amount and rights attached thereto. 13.9 Where any securities are held in SHKIS’s name, the name of any member of the Group or the name of any nominee appointed or agreed by SHKIS in accordance with this Clause 13, SHKIS or such member of the Group will not attend any meeting or exercise any voting or other rights including the completion of proxies except in accordance with written instructions of Client. Nothing in this Agreement shall in any way impose on SHKIS or any member of the Group any duty to inform Client or to take any action with regards the attendance of meetings and to vote at such meetings. SHKIS or any member of the Group has no duty in respect of notices, communications, proxies and other documents, relating to the securities received by SHKIS or any member of the Group or to send such documents or to give any notice of the receipt of such documents to Client. SHKIS and/or any member of the Group has/have the right to charge Client for its/their respective services in taking or arranging custody of Client’s securities or any action pursuant to Client’s instruction. 13.10 For the avoidance of doubt, SHKIS, any member of the Group or any nominee appointed or agreed by SHKIS (whether such nominee is a person in Hong Kong or elsewhere) may hold any securities for Client in a place outside Hong Kong, subject to compliance with applicable Regulatory Rules. 13.11 Without prejudice and in addition to other rights and remedies of SHKIS and other members of the Group, SHKIS may, at any time and from time to time, dispose, or initiate a disposal by any relevant member of the Group, of any of the Client’s securities (whether in Hong Kong or elsewhere) or securities collateral (whether in Hong Kong or elsewhere) in settlement of any liability owed by or on behalf of Client to SHKIS, such relevant member of the Group or a third person. SHKIS and such relevant member of the Group (if applicable) are authorised to do all things as necessary in connection with any such disposal without any liability for any resulting or associated loss or expense. Without prejudice to the foregoing, Client shall not make any claim against SHKIS and/or such relevant member of the Group (if applicable) concerning the manner or timing of such disposal.

SECURITIES IN THE ACCOUNT. (S) 13.1 Client specifically authorises SHKISSHKOS, in respect of any of the securities (whether in Hong Kong or elsewhere) deposited by Client with SHKIS SHKOS or purchased or acquired by SHKIS SHKOS on behalf of Client, and held by SHKIS SHKOS for safe keeping, to register the same in the name of SHKISSHKOS, any member of the Group or any nominee appointed or agreed by SHKIS SHKOS (whether such nominee is a person in Hong Kong or elsewhere) or elsewhere)or in Client’s name, or deposit in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by SHKIS SHKOS or any member of the Group with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities (in this Clause 13 referred to as “Segregated Account for Securities”) or deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.2 Client specifically authorises SHKISSHKOS, in respect of any of the securities collateral (whether in Hong Kong or elsewhere) deposited with, or otherwise provided by or on behalf of Client to SHKISSHKOS, to: 13.2.1 deposit in a Segregated Account for Securities; 13.2.2 deposit in an account in the name of SHKIS SHKOS or any member of the Group (as the case may be) with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities; 13.2.3 register in the name of Client on whose behalf the securities collateral has been received, SHKIS SHKOS or any member of the Group or any nominee appointed or agreed by SHKIS SHKOS (whether such nominee is a person in Hong Kong or elsewhere) ; or); 13.2.4 deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.3 Any securities and securities collateral (whether in Hong Kong or elsewhere) held by SHKISSHKOS, any member of the Group, banker, institution, custodian, nominee, intermediary or any other person pursuant to this Clause 13 shall be at the sole risk of Client. SHKISSHKOS, any member of the Group and the relevant associated entity, banker, institution, custodian, nominee, intermediary and person shall be under no obligation to insure Client against any kind of risk, which obligation shall be the sole responsibility of Client. 13.4 If in relation to any securities deposited with SHKIS SHKOS or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in 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 Client as may be agreed) with the proportion of such dividends, distributions or benefits equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. In the event that the odd lot of such securities is not eligible for any such dividends, distributions or benefits, the odd lot held on behalf of Client will not be taken into account in the apportionment. Subject to applicable Laws and Regulatory Rules, SHKIS SHKOS may retain, or otherwise dispose of, for its own account and benefit, any fractional shares entitlements to which Client may be entitled, and entitlements (in any form whatsoever) arising from any odd lot held on behalf of Client or from the aggregation of odd lots held on behalf of the clients of SHKIS SHKOS (including Client). The foregoing shall not limit or prejudice, in any way, SHKIS’s SHKOS’ rights to reject Client’s instructions under Clause 5 including, without limitation its right to reject Client’s instructions in relation to the sale or purchase of any odd lot of any securities. 13.5 If in relation to any securities deposited with SHKIS SHKOS or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in the name of Client, and loss is suffered by SHKIS SHKOS or any member of the Group, the Account(s) may be debited (or payment made by Client as may be agreed) with the proportion of such loss equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. 13.6 Except as provided in this Agreement or otherwise allowed under the Laws, SHKIS SHKOS shall not, without Client’s oral or written direction or standing authority, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of Client’s securities or securities collateral for any purpose. 13.7 SHKIS SHKOS is authorised, in accordance with applicable Laws or pursuant to a lawfully agreed standing authority, to dispose of any of Client’s securities or securities collateral (and SHKIS SHKOS 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 Client to SHKISSHKOS. 13.8 The obligations of SHKIS(or SHKOS (or any other person permitted under this Agreement) to deliver, to hold or to register in Client’s name or in the name of Client’s nomineename, any of Client’s securities or securities collateral shall be satisfied by the delivery, the holding or registration in Client’s name or Client’s nominee of securities of the same class, denomination and nominal amount as, and rank pari passu with, those originally deposited with or transferred to SHKIS SHKOS or any other person permitted under this Agreement or otherwise agreed by Client or acquired by SHKIS SHKOS on Client’s behalf (“Original Securities”) (subject always to any capital reorganisation which may have occurred in the meantime) and SHKIS(or SHKOS (or any other person permitted under this Agreement) shall not be bound to deliver or return securities which are identical with the Original Securities in terms of number, class, class denomination, nominal amount and rights attached thereto. 13.9 Where any securities are held in SHKIS’s SHKOS’ name, the name of any member of the Group or the name of any nominee appointed or agreed by SHKIS SHKOS in accordance with this Clause 13, SHKIS SHKOS or such member of the Group will not attend any meeting or exercise any voting or other rights including the completion of proxies except in accordance with written instructions of Client. Nothing in this Agreement shall in any way impose on SHKIS SHKOS or any member of the Group any duty to inform Client or to take any action with regards the attendance of meetings and to vote at such meetings. SHKIS SHKOS or any member of the Group has no duty in respect of notices, communications, proxies and other documents, relating to the securities received by SHKIS SHKOS or any member of the Group or to send such documents or to give any notice of the receipt of such documents to Client. SHKIS SHKOS and/or any member of the Group has/have the right to charge Client for its/their respective services in taking or arranging custody of Client’s securities or any action pursuant to Client’s instruction. 13.10 For the avoidance of doubt, SHKISSHKOS, any member of the Group or any nominee appointed or agreed by SHKIS SHKOS (whether such nominee is a person in Hong Kong or elsewhere) may hold any securities for Client in a place outside Hong Kong, subject to compliance with applicable Regulatory Rules. 13.11 Without prejudice and in addition to other rights and remedies of SHKIS SHKOS and other members of the Group, SHKIS SHKOS may, at any time and from time to time, dispose, or initiate a disposal by any relevant member of the Group, of any of the Client’s securities (whether in Hong Kong or elsewhere) or securities collateral (whether in Hong Kong or elsewhere) in settlement of any liability owed by or on behalf of Client to SHKISSHKOS, such relevant member of the Group or a third person. SHKIS SHKOS and such relevant member of the Group (if applicable) are authorised to do all things as necessary in connection with any such disposal without any liability for any resulting or associated loss or expense. Without prejudice to the foregoing, Client shall not make any claim against SHKIS SHKOS and/or such relevant member of the Group (if applicable) concerning the manner or timing of such disposal.

SECURITIES IN THE ACCOUNT. (S) 13.1 Client specifically authorises SHKISGIHKL, in respect of any of the securities (whether in Hong Kong or elsewhere) deposited by Client with SHKIS GIHKL or purchased or acquired by SHKIS GIHKL on behalf of Client, and held by SHKIS GIHKL for safe keeping, to register the same in the name of SHKISGIHKL, any member of the Group or any nominee appointed or agreed by SHKIS GIHL (whether such nominee is a person in Hong Kong or elsewhere) or elsewhere)or in Client’s name, or deposit in a segregated account which is designated as a trust account or client account and established and maintained in Hong Kong by SHKIS GIHKL or any member of the Group with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities (in this Clause 13 referred to as “Segregated Account for Securities”) or deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.2 Client specifically authorises SHKISGIHKL, in respect of any of the securities collateral (whether in Hong Kong or elsewhere) deposited with, or otherwise provided by or on behalf of Client to SHKISGIHKL, to: 13.2.1 deposit in a Segregated Account for Securities; 13.2.2 deposit in an account in the name of SHKIS GIHKL or any member of the Group (as the case may be) with an authorised financial institution, an approved custodian or another intermediary licensed for dealing in securities; 13.2.3 register in the name of Client on whose behalf the securities collateral has been received, SHKIS GIHKL or any member of the Group or any nominee appointed or agreed by SHKIS GIHKL (whether such nominee is a person in Hong Kong or elsewhere) ; or); 13.2.4 deposit with any overseas custodian or overseas clearing house subject to compliance with applicable Regulatory Rules. 13.3 Any securities and securities collateral (whether in Hong Kong or elsewhere) held by SHKISGIHKL, any member of the Group, banker, institution, custodian, nominee, intermediary or any other person pursuant to this Clause 13 shall be at the sole risk of Client. SHKISGIHKL, any member of the Group and the relevant associated entity, banker, institution, custodian, nominee, intermediary and person shall be under no obligation to insure Client against any kind of risk, which obligation shall be the sole responsibility of Client. 13.4 If in relation to any securities deposited with SHKIS GIHKL or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in 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 Client as may be agreed) with the proportion of such dividends, distributions or benefits equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. In the event that the odd lot of such securities is not eligible for any such dividends, distributions or benefits, the odd lot held on behalf of Client will not be taken into account in the apportionment. Subject to applicable Laws and Regulatory Rules, SHKIS may retain, or otherwise dispose of, for its own account and benefit, any fractional shares entitlements to which Client may be entitled, and entitlements (in any form whatsoever) arising from any odd lot held on behalf of Client or from the aggregation of odd lots held on behalf of the clients of SHKIS (including Client). The foregoing shall not limit or prejudice, in any way, SHKIS’s rights to reject Client’s instructions under Clause 5 including, without limitation its right to reject Client’s instructions in relation to the sale or purchase of any odd lot of any securities. 13.5 If in relation to any securities deposited with SHKIS GIHKL or any member of the Group or any other person pursuant to this Clause 13 but which are not registered in the name of Client, and loss is suffered by SHKIS GIHKL or any member of the Group, the Account(s) may be debited (or payment made by Client as may be agreed) with the proportion of such loss equal to the proportion of the securities held on behalf of Client out of the total number or amount of such securities. 13.6 Except as provided in this Agreement or otherwise allowed under the Laws, SHKIS GIHKL shall not, without Client’s oral or written direction or standing authority, deposit, transfer, lend, pledge, re-pledge or otherwise deal with any of Client’s securities or securities collateral for any purpose. 13.7 SHKIS GIHKL is authorised, in accordance with applicable Laws or pursuant to a lawfully agreed standing authority, to dispose of any of Client’s securities or securities collateral (and SHKIS GIHKL 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 Client to SHKISGIHKL. 13.8 The obligations of SHKIS(or GIHKL (or any other person permitted under this Agreement) to deliver, to hold or to register in Client’s name or in the name of Client’s nomineename, any of Client’s securities or securities collateral shall be satisfied by the delivery, the holding or registration in Client’s name or Client’s nominee of securities of the same class, denomination and nominal amount as, and rank pari passu with, those originally deposited with or transferred to SHKIS GIHKL or any other person permitted under this Agreement or otherwise agreed by Client or acquired by SHKIS GIHKL on Client’s behalf (“Original Securities”) (subject always to any capital reorganisation which may have occurred in the meantime) and SHKIS(or GIHKL (or any other person permitted under this Agreement) shall not be bound to deliver or return securities which are identical with the Original Securities in terms of number, class, class denomination, nominal amount and rights attached thereto. 13.9 Where any securities are held in SHKIS’s GIHKL’ name, the name of any member of the Group or the name of any nominee appointed or agreed by SHKIS GIHKL in accordance with this Clause 13, SHKIS GIHKL or such member of the Group will not attend any meeting or exercise any voting or other rights including the completion of proxies except in accordance with written instructions of Client. Nothing in this Agreement shall in any way impose on SHKIS GIHKL or any member of the Group any duty to inform Client or to take any action with regards the attendance of meetings and to vote at such meetings. SHKIS GIHKL or any member of the Group has no duty in respect of notices, communications, proxies and other documents, relating to the securities received by SHKIS GIHKL or any member of the Group or to send such documents or to give any notice of the receipt of such documents to Client. SHKIS GIHKL and/or any member of the Group has/have the right to charge Client for its/their respective services in taking or arranging custody of Client’s securities or any action pursuant to Client’s instruction. 13.10 For the avoidance of doubt, SHKISGIHKL, any member of the Group or any nominee appointed or agreed by SHKIS GIHKL (whether such nominee is a person in Hong Kong or elsewhere) may hold any securities for Client in a place outside Hong Kong, subject to compliance with applicable Regulatory Rules. 13.11 Without prejudice and in addition to other rights and remedies of SHKIS GIHKL and other members of the Group, SHKIS GIHKL may, at any time and from time to time, dispose, or initiate a disposal by any relevant member of the Group, of any of the Client’s securities (whether in Hong Kong or elsewhere) or securities collateral (whether in Hong Kong or elsewhere) in settlement of any liability owed by or on behalf of Client to SHKISGIHKL, such relevant member of the Group or a third person. SHKIS GIHKL and such relevant member of the Group (if applicable) are authorised to do all things as necessary in connection with any such disposal without any liability for any resulting or associated loss or expense. Without prejudice to the foregoing, Client shall not make any claim against SHKIS GIHKL and/or such relevant member of the Group (if applicable) concerning the manner or timing of such disposal.