Trade Obligations. 4.1. User shall be solely responsible for the performance of any and all Trades placed by User via the Service and, if applicable, any and all offsetting transactions between User and Prime Broker resulting from such Trades. User is obligated to accept all Trade executions that are consistent with the instructions contained in all User Orders (hereinafter defined). User acknowledges and agrees that FASTMATCH is not a party to any such Trades between User and other users.
4.2. User represents, acknowledges and agrees that: (i) Prime Broker and FASTMATCH may rely on all communications, including, but not limited to, orders, Trade offers and Trade confirmations, from the time such communications have been received via the Service (each a “User Order”); (ii) neither Prime Broker nor FASTMATCH shall have a duty to verify User Orders once received via the Service; (iii) Prime Broker and FASTMATCH may act on User Orders, and any resulting Trades and other related rights and obligations shall be binding upon User; and (iv) User shall be bound by, liable for and may not repudiate any Trade placed by User via the Service.
4.3. FASTMATCH has no obligation to accept, or to execute or cancel, all or any part of a Trade that User seeks to execute or cancel through the Service. Without limitation of the foregoing, FASTMATCH has no responsibility for transmissions that are inaccurate or not received by us, and may execute any Trade on the terms actually received by FASTMATCH. FASTMATCH will be deemed to have accepted a User Order if a confirmation notice is sent by FASTMATCH, regardless of whether User receives such confirmation notice. FASTMATCH’s electronic records of any User Order, Trade, price information, or any other data sent via API, shall be conclusive of the terms of such Trade, User Order, price information, or other data.
4.4. If User receives price information and execution services via FASTMATCH’s Application Programming Interface (“API”) for use via a third party platform, such use shall also be included in the definition of Service herein. Each User Order sent via API and each Trade entered into using User’s API shall be a User communication or transmission subject to the foregoing terms of this Section 4.
Trade Obligations. 2.1. In connection with all Participant’s Orders and other trade-related Messages (defined in Section 2.4) which interact with Orders and other trade-related Messages from other users of the Singapore Platform (including users whose Messages are routed from other platforms), the resultant Trade shall be deemed to have been fully executed on the Singapore Platform.
2.2. Participant shall be solely responsible for the performance of all Trades and, if applicable, any offsetting transactions between Participant and Prime Broker resulting from such Trades. Participant is obligated to accept all Trade executions that are consistent with the instructions contained in its Orders. If for any reason any Trade entered into by Participant is rejected by Participant’s Prime Broker or the CCP (“Rejected Trade”), Participant will be responsible for such Rejected Trade, and Platform Provider may address any dispute arising from the Rejected Trade, in accordance with the terms of this Agreement, the Singapore Spot Operating Procedures, and, where applicable, the Platform Provider Non-Deliverable Forwards (NDF) Rulebook.
2.3. Participant covenants and agrees that: (i) Prime Broker and Platform Provider may rely on, and act on all Orders, Trade offers, Trade confirmations, instructions and communications, whether transmitted by the Participant to the Platform Provider over API, a third party service provider or by email (collectively, “Messages”); (ii) neither Prime Broker nor Platform Provider shall have a duty to verify Messages; and (iii) Participant shall be bound by, liable for and may not repudiate any Trade placed by Participant that is consistent with the instructions contained in its Messages.
2.4. Platform Provider has no obligation to accept, execute or cancel all or any part of a Trade that Participant seeks to execute or cancel through the Service and has no responsibility for transmissions that are inaccurate or not received. Participant acknowledges that Platform Provider may comply at any time and without prior notice with an instruction from Participant’s Prime Broker barring or restricting Participant’s ability to execute Trades via the Service.
2.5. A Trade will be deemed to have occurred if a confirmation notice is sent by the Singapore Platform, regardless of whether Participant receives such confirmation notice. Platform Provider’s electronic records of any Order, Trade, or any other Trade-related data sent to the Singapore Platform shall be dispositiv...
Trade Obligations. Its obligations under the Transaction Documents constitute short term trade obligations and its performance of these obligations is not subject to any rescheduling, readjustment, arrangement or moratorium of debts.
Trade Obligations. The Constituent shall accept all trades executed, resulting from the orders placed with the Member, irrespective of the fact that the order is executed partially or in full, on the Exchange. In the event of non-confirmation of custodial trades by PCM for any reason whatsoever, all exchange-levied margins, MTM losses (on open position), will be borne by the Member for the unconfirmed trades. In such case, the Constituent shall pay to the Member, all margins levied by the Exchange on the unconfirmed trades. In addition to the above, the Member shall have an option to call for collateral from the Constituent, to meet the subsequent daily margin obligation / MTM losses on the unconfirmed trades. The Constituent shall be obliged to pay the daily margin, MTM on the immediate succeeding business day, of the day when the Member raises such margin requirement. The Member shall not permit the Constituent to create any new open positions, until receipt of such additional margin requirement. If the Constituent defaults in paying the daily margin, MTM, if any, the Member shall be entitled to liquidate / close out all or any of the Constituent’s positions, without prejudice to the Member’s right to refer the matter to arbitration. Any and all losses and financial charges on account of such liquidation / closing out shall be charged to and borne by the Constituent.
Trade Obligations. 2.1. User shall be solely responsible for the performance of all Trades and, if applicable, any offsetting transactions between User and Prime Broker resulting from such Trades. User is obligated to accept all Trade executions that are consistent with the instructions contained in its Orders. If for any reason any Trade entered into by User is rejected by User’s Prime Broker or the CCP (“Rejected Trade”), User will be responsible for such Rejected Trade, and Platform Provider may address any dispute arising from the Rejected Trade, in accordance with the terms of this Agreement and the Operating Procedures.
2.2. User covenants and agrees that: (i) Prime Broker and Platform Provider may rely on, and act on all Orders, Trade offers, Trade confirmations, instructions and communications, whether transmitted over API, a third party service provider or by email (collectively, “Messages”); (ii) neither Prime Broker nor Platform Provider shall have a duty to verify Messages; and (iii) User shall be bound by, liable for and may not repudiate any Trade placed by User that is consistent with the instructions contained in its Messages.
2.3. Platform Provider has no obligation to accept, execute or cancel all or any part of a Trade that User seeks to execute or cancel through the Service and has no responsibility for transmissions that are inaccurate or not received. User acknowledges that Platform Provider may comply at any time and without prior notice with an instruction from User’s Prime Broker barring or restricting User’s ability to execute Trades via the Service.
2.4. A Trade will be deemed to have occurred if a confirmation notice is sent by the Platform, regardless of whether User receives such confirmation notice. Platform Provider’s electronic records of any Order, Trade, or any other Trade- related data sent to the Platform shall be dispositive and conclusive of the terms, absent manifest error.
Trade Obligations. 2.1. In connection with all Participant’s Messages and Participant shall be deemed a Participant for the purpose Messages made available to Participants from other users (included users whose Messages are routed from other platforms), the resultant Trade shall be deemed to have been fully executed on the Singapore Platform.
2.2. Routed Orders and Trades shall be subject to the Singapore Spot Operating Procedures. The “Singapore Spot Operating Procedures” means the rules, requirements and policies set forth on the Platform Provider’s website or otherwise provided to Participants (including Participant) from time to time, including, where applicable and subject to applicable laws, the Platform Provider Non- Deliverable Forwards Rulebook.
Trade Obligations. The Constituent shall accept all trades executed, resulting from the orders placed with the Member, irrespective of the fact that the order is executed partially or in full, on the Exchange.
Trade Obligations. 5.1 The Broker shall accept and be responsible for all trades executed by the Broker and its Customer irrespective of whether the order is executed partially or in full in the Exchange. 5.2 In the event of Non-confirmation of trades by Broker or its Customer for any reason whatsoever, all exchange-levied margins, MTM losses (on open position), will be borne by the Broker for the unconfirmed trades. In such case, the Broker shall pay to the Exchange, margins levied by the Exchange on the unconfirmed trades. In addition to the above, the Exchange shall have an option to call for collateral from the Broker, to meet the subsequent daily margin obligation / MTM losses on the unconfirmed trades, the Broker shall be obliged to pay the daily margin, MTM on the immediate succeeding business day, of the day when the Exchange raises such margin requirement.
5.3 The Exchange shall not permit the Broker to create any new positions, until receipt of such additional margin requirement. If the Broker or Customer defaults in paying the daily margin, MTM, if any, the Exchange shall be entitled to liquidate or close out all or any of the Broker’s or Customer’s positions. Any and all loses and financial charges on account of such liquidation or closing out shall be borne by the Broker.
Trade Obligations. 5.1 The Sub Broker shall accept and be responsible for all trades executed by the Sub Broker and its clients irrespective of whether the order is executed partially or in full in the Exchange.
5.2 In the event of Non-confirmation of trades by Sub Broker or its clients for any reason whatsoever, all exchange/clearing house-levied margins, MTM losses (on open position), will be borne by the Sub Broker for the unconfirmed trades. In such case, the Sub Broker shall pay to the Broker, margins levied by the Exchange/Clearing House on the unconfirmed trades. In addition to the above, the Broker shall have an option to call for collateral from the Sub Broker, to meet the subsequent daily margin obligation/MTM losses on the unconfirmed trades, the Sub Broker shall be obliged to pay the daily margin, MTM on the immediate succeeding business day when the Broker raises such margin requirement.
5.3 The Broker shall not permit the Sub Broker to create any new positions, until receipt of such additional margin requirement. If the Sub Broker or its clients defaults in paying the daily margin, MTM, if any, the Broker shall be entitled to liquidate or close out all or any of the Sub Broker’s positions. Any and all loses and financial charges on account of such liquidation or closing out shall be borne by the Sub Broker.
Trade Obligations. Broker shall, on and after the Effective Date, perform all obligations of Licensee, to the extent such obligations are required to be fulfilled pursuant to the terms of the following, under (i) each of the Trade Agreements identified in Schedule 4.8(a) to the Option Agreement which remain unsatisfied as of the Effective Date and (ii) the Station Agreements for the sale of advertising time listed on Schedule 4.8(b)(viii) to the Option Agreement (but only as to those obligations which arise on or after the Effective Date). Broker shall, after the Effective Date and to the extent such obligations were performed after such date, be entitled to receive and to retain all of the benefits and amounts paid under or pursuant to the foregoing agreements.
