Common use of The Customer’s Representations, Warranties and Undertakings Clause in Contracts

The Customer’s Representations, Warranties and Undertakings. 1.35.1 The Customer represents, warrants and undertakes that: (a) it has full capacity, power and authority: (i) to accept and agree to this Customer Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFP; (iii) to give SFP Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (b) it has all authorisations, consents, licences or approvals (whether under Applicable Laws or otherwise) required: (i) to accept and agree to this Customer Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFP; (iii) to give SFP Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (c) the Customer is not an employee of any governmental or self-regulatory organisation in any jurisdiction, including any exchange or a member firm thereof, or engaged in the business of dealing (either as agent or principal) in any of the property traded under the Account(s), and the Customer shall promptly notify SFP if it becomes so employed; (d) unless otherwise agreed by SFP in writing, no person other than the Customer has an interest in any Account; (e) except with the express written consent of SFP, and except for any security or encumbrance created hereunder, no person has or will have any security or other encumbrance over any Account and/or over any cash or property in any Account; (f) any Orders placed or any other dealings in the Account(s) is solely and exclusively based on its own judgment and after its own independent appraisal and investigation into the risks associated with such Orders or dealings; (g) SFP shall not be under any duty or obligation to inquire into the purpose or propriety of any Order and shall be under no obligation to see to the application of any funds delivered by the Customer in respect of any Account; (h) any person(s) empowered to act on the Customer’s behalf have been duly authorised; (i) in the case of a corporation, it is duly organised and validly existing under the laws of the country of its incorporation; (j) no litigation, arbitration or administrative proceeding against the Customer is current, pending or threatened to restrain the Customer’s entry into or performance of the Customer’s obligations under this Customer Agreement; and (k) neither the entry into Customer Agreement, the placing of any trade and/or any Order or the giving of any other instruction will violate any law, rule or regulation applicable to the Customer. 1.35.2 The above representations, warranties and undertakings shall be deemed repeated whenever the Customer: (a) gives Orders to SFP; (b) enters into any Transactions; (c) acquires or uses any Service; or (d) establishes or operates any Account with SFP.

Appears in 4 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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The Customer’s Representations, Warranties and Undertakings. 1.35.1 1.34.1 The Customer represents, warrants and undertakes that: (a) it has full capacity, power and authority: (i) to accept and agree to this Customer Client Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFPUOBBF; (iii) to give SFP UOBBF Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (b) it has all authorisations, consents, licences or approvals (whether under Applicable Laws or otherwise) required: (i) to accept and agree to this Customer Client Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFPUOBBF; (iii) to give SFP UOBBF Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (c) the Customer is not an employee of any governmental or self-self- regulatory organisation in any jurisdiction, including any exchange or a member firm thereof, or engaged in the business of dealing (either as agent or principal) in any of the property traded under the Account(s), and the Customer shall promptly notify SFP UOBBF if it becomes so employed; (d) unless otherwise agreed by SFP UOBBF in writing, no person other than the Customer has an interest in any Account; (e) except with the express written consent of SFPUOBBF, and except for any security or encumbrance created hereunder, no person has or will have any security or other encumbrance over any Account and/or over any cash or property in any Account; (f) any Orders placed or any other dealings in the Account(s) is solely and exclusively based on its own judgment and after its own independent appraisal and investigation into the risks associated with such Orders or dealings; (g) SFP UOBBF shall not be under any duty or obligation to inquire into the purpose or propriety of any Order and shall be under no obligation to see to the application of any funds delivered by the Customer in respect of any Account;; and (h) any person(s) empowered to act on the Customer’s behalf have been duly authorised; (i) in the case of a corporation, it is duly organised and validly existing under the laws of the country of its incorporation; (j) no litigation, arbitration or administrative proceeding against the Customer is current, pending or threatened to restrain the Customer’s entry into or performance of the Customer’s obligations under this Customer Agreement; and (k) neither the entry into Customer Agreement, the placing of any trade and/or any Order or the giving of any other instruction will violate any law, rule or regulation applicable to the Customer. 1.35.2 1.34.2 The above representations, warranties and undertakings shall be deemed repeated whenever the Customer: (a) gives Orders to SFPUOBBF; (b) enters into any Transactions; (c) acquires or uses any Service; or (d) establishes or operates any Account with SFPUOBBF.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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The Customer’s Representations, Warranties and Undertakings. 1.35.1 1.33.1 The Customer represents, warrants and undertakes that: (a) it has full capacity, power and authority: (i) to accept and agree to this Customer Client Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFPUOB; (iii) to give SFP UOB Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (b) it has all authorisations, consents, licences or approvals (whether under Applicable Laws or otherwise) required: (i) to accept and agree to this Customer Client Agreement; (ii) to open, maintain and/or continue to maintain all Account(s) from time to time opened, maintained and/or continued to be maintained with SFPUOB; (iii) to give SFP UOB Orders thereon; (iv) to enter into Transactions; and (v) to acquire or use any Service; (c) the Customer is not an employee of any governmental or self-self- regulatory organisation in any jurisdiction, including any exchange or a member firm thereof, or engaged in the business of dealing (either as agent or principal) in any of the property traded under the Account(s), and the Customer shall promptly notify SFP UOB if it becomes so employed; (d) unless otherwise agreed by SFP UOB in writing, no person other than the Customer has an interest in any Account; (e) except with the express written consent of SFPUOB, and except for any security or encumbrance created hereunder, no person has or will have any security or other encumbrance over any Account and/or over any cash or property in any Account; (f) any Orders placed or any other dealings in the Account(s) is solely and exclusively based on its own judgment and after its own independent appraisal and investigation into the risks associated with such Orders or dealings; (g) SFP UOB shall not be under any duty or obligation to inquire into the purpose or propriety of any Order and shall be under no obligation to see to the application of any funds delivered by the Customer in respect of any Account;; and (h) any person(s) empowered to act on the Customer’s behalf have been duly authorised; (i) in the case of a corporation, it is duly organised and validly existing under the laws of the country of its incorporation; (j) no litigation, arbitration or administrative proceeding against the Customer is current, pending or threatened to restrain the Customer’s entry into or performance of the Customer’s obligations under this Customer Agreement; and (k) neither the entry into Customer Agreement, the placing of any trade and/or any Order or the giving of any other instruction will violate any law, rule or regulation applicable to the Customer. 1.35.2 1.33.2 The above representations, warranties and undertakings shall be deemed repeated whenever the Customer: (a) gives Orders to SFPUOB; (b) enters into any Transactions; (c) acquires or uses any Service; or (d) establishes or operates any Account with SFPUOB.

Appears in 1 contract

Samples: Client Agreement

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