Common use of Termination of a CFD Contract Clause in Contracts

Termination of a CFD Contract. 13.1. You acknowledge that ZERO Securities Pty Ltd may terminate a CFD (apart from any other right to terminate) if: (a) the Reference Asset ceases to be able to be traded on a relevant market or is subject to a trading suspension or trading halt for a period of more than two (2) Business Days; (b) an Adjustment Event occurs and ZERO Securities Pty Ltd determines that it is not reasonably practicable to make an adjustment to the terms of a CFD under this Schedule; (c) the relevant Hedge Contract, or ZERO Securities Pty Ltd ’ rights under the relevant Hedge Contract or in respect of the relevant Reference Asset, are Closed Out, suspended or terminated by the Hedge Counterparty (which may occur automatically under the terms of any agreement between ZERO Securities Pty Ltd and the Hedge Counterparty); or (d) ZERO Securities Pty Ltd considers, acting reasonably, that the Hedge Counterparty or issuer of the Reference Asset may not be able to meet its obligations to ZERO Securities Pty Ltd under the terms of the Hedge Contract or Reference Asset or other contracts between ZERO Securities Pty Ltd and the issuer of the Reference Asset or the Hedge Counterparty; or (d) you fail to maintain your Maintenance Margin for that CFD. 13.2. If ZERO Securities Pty Ltd terminates a CFD under clause 13.1 or otherwise, ZERO Securities Pty Ltd will determine a termination value, payable by ZERO Securities Pty Ltd to you or by you to ZERO Securities Pty Ltd , which ZERO Securities Pty Ltd considers appropriate, acting reasonably, and having regard to the circumstances of termination, the value (if any) of the Reference Asset and the position as between ZERO Securities Pty Ltd and the Hedge Counterparty in respect of the Hedge Contract. The termination will take effect at the time determined by ZERO Securities Pty Ltd. It is agreed as follows:

Termination of a CFD Contract. 13.1. You acknowledge that ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD may terminate a CFD (apart from any other right to terminate) if: (a) the Reference Asset Security ceases to be able to be traded on a relevant market or is subject to a trading suspension or trading halt for a period of more than two (2) Business Days; (b) an Adjustment Event occurs and ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD determines that it is not reasonably practicable to make an adjustment to the terms of a CFD under this Schedule; (c) the relevant Hedge Contract, or ZERO Securities Pty Ltd ’ PENTAGON CAPITAL MARKETS LTD’s rights under the relevant Hedge Contract or in respect of the relevant Reference AssetSecurity, are Closed Out, suspended or terminated by the Hedge Counterparty (which may occur automatically under the terms of any agreement between ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD and the Hedge Counterparty); or or (d) ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD considers, acting reasonably, that the Hedge Counterparty or issuer of the Reference Asset Security may not be able to meet its obligations to ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD under the terms of the Hedge Contract or Reference Asset Security or other contracts between ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD and the issuer of the Reference Asset Security or the Hedge Counterparty; or (d) you fail to maintain your Maintenance Margin for that CFD. 13.2. If ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD terminates a CFD under clause 13.1 or otherwise, ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD will determine a termination value, payable by ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD to you or by you to ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD, which ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD considers appropriate, acting reasonably, and having regard to the circumstances of termination, the value (if any) of the Reference Asset Security and the position as between ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD and the Hedge Counterparty in respect of the Hedge Contract. The termination will take effect at the time determined by ZERO Securities Pty Ltd. It PENTAGON CAPITAL MARKETS LTD. 13.3. provided by this clause and PENTAGON CAPITAL MARKETS LTD is agreed as follows:not otherwise liable to you. 13.4. You agree that this limitation of liability under this clause is a reasonable term having regard to at least the nature of the services and Financial Products offered and provided by PENTAGON CAPITAL MARKETS LTD to you, the benefits to you and the risks and benefits from Transactions using PENTAGON CAPITAL MARKETS LTD in the context of these terms.

Termination of a CFD Contract. 13.1. You acknowledge that ZERO Securities Pty Ltd KITCO MARKETS LLC may terminate a CFD (apart from any other right to terminate) if: (a) the Reference Asset Security ceases to be able to be traded on a relevant market or is subject to a trading suspension or trading halt for a period of more than two (2) Business Days; (b) an Adjustment Event occurs and ZERO Securities Pty Ltd KITCO MARKETS LLC determines that it is not reasonably practicable to make an adjustment to the terms of a CFD under this Schedule; (c) the relevant Hedge Contract, or ZERO Securities Pty Ltd ’ KITCO MARKETS LLC’s rights under the relevant Hedge Contract or in respect of the relevant Reference AssetSecurity, are Closed Out, suspended or terminated by the Hedge Counterparty (which may occur automatically under the terms of any agreement between ZERO Securities Pty Ltd KITCO MARKETS LLC and the Hedge Counterparty); or or (d) ZERO Securities Pty Ltd KITCO MARKETS LLC considers, acting reasonably, that the Hedge Counterparty or issuer of the Reference Asset Security may not be able to meet its obligations to ZERO Securities Pty Ltd KITCO MARKETS LLC under the terms of the Hedge Contract or Reference Asset Security or other contracts between ZERO Securities Pty Ltd KITCO MARKETS LLC and the issuer of the Reference Asset Security or the Hedge Counterparty; or (d) you fail to maintain your Maintenance Margin for that CFD. 13.2. If ZERO Securities Pty Ltd KITCO MARKETS LLC terminates a CFD under clause 13.1 or otherwise, ZERO Securities Pty Ltd KITCO MARKETS LLC will determine a termination value, payable by ZERO Securities Pty Ltd KITCO MARKETS LLC to you or by you to ZERO Securities Pty Ltd KITCO MARKETS LLC, which ZERO Securities Pty Ltd KITCO MARKETS LLC considers appropriate, acting reasonably, and having regard to the circumstances of termination, the value (if any) of the Reference Asset Security and the position as between ZERO Securities Pty Ltd KITCO MARKETS LLC and the Hedge Counterparty in respect of the Hedge Contract. The termination will take effect at the time determined by ZERO Securities Pty Ltd. It KITCO MARKETS LLC. 13.3. provided by this clause and KITCO MARKETS LLC is agreed as follows:not otherwise liable to you. 13.4. You agree that this limitation of liability under this clause is a reasonable term having regard to at least the nature of the services and Financial Products offered and provided by KITCO MARKETS LLC to you, the benefits to you and the risks and benefits from Transactions using KITCO MARKETS LLC in the context of these terms.