Security Unaffected. Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:- (a) any other security guarantee or indemnity now or hereafter held by GTJAS or any other member of GTJA Group under or in respect of the Margin Facility Terms or any other liabilities; (b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge); (c) the enforcement or absence of enforcement or release by GTJAS or any other member of the GTJA Group of any security ,guarantee or indemnity or other document (including the Charge); (d) any time, indulgence, waiver or consent given to the Client or any other person whether by GTJAS or any other member of the GTJA Group; (e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by GTJAS or any other person; (f) the insolvency, bankruptcy, death or insanity of the Client; (g) any amalgamation, merger or reconstruction that may be effected by GTJAS with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of GTJAS to any other person; (h) the existence of any claim, set-off or other right which the Client may have at any time against GTJAS or any other person; (i) any arrangement or compromise entered into by GTJAS with Client or any other person; (j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Margin Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever; (k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by GTJAS on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by GTJAS or any other person or any other dealing fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client’s liabilities under the Margin Facility Terms.
Appears in 4 contracts
Samples: Securities Margin Trading Agreement, Securities Margin Trading Agreement, Securities Margin Trading Agreement
Security Unaffected. Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security guarantee or indemnity now or hereafter held by GTJAS uSMART SG or any other member of GTJA uSmart Group under or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(c) the enforcement or absence of enforcement or release by GTJAS uSMART SG or any other member of the GTJA uSmart Group of any security ,security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by GTJAS uSMART SG or any other member of the GTJA uSmart Group;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by GTJAS uSMART SG or any other person;
(f) the insolvency, bankruptcy, death or insanity of the ClientClient suffers an Insolvency Event;
(g) any amalgamation, merger or reconstruction that may be effected by GTJAS uSMART SG with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of GTJAS uSMART SG to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against GTJAS uSMART SG or any other person;
(i) any arrangement or compromise entered into by GTJAS uSMART SG with Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Margin Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by GTJAS uSMART SG on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by GTJAS uSMART SG or any other person or any other dealing fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client’s liabilities under the Margin Facility Terms.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement