WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.2: (a) an Insolvency Event occurs in relation to you; (b) you are an individual and you die or become of unsound mind; (c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any Contracts, or the Margin held by us in respect of any open Contracts falls below our Margin Requirements; (d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading; (e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way; (f) any fee or other payments due to us are not paid in accordance with this Client Agreement; (g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time; (h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us; (i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; (j) we consider that there are abnormal trading conditions; (k) we consider it necessary for the protection of our rights under this Client Agreement; (l) we are unable to quote price in the Product due to the unavailability of the relevant market information for reasons beyond our control; (m) we consider that you may be in breach of or have failed to comply any Applicable Law; (n) we are so requested by ASIC or any other regulatory body or authority; (o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size; (p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement; (q) any restriction on your Contract size is, or is likely to be, exceeded; (r) where the further provisions regarding Event of Default as set out in Schedule 1; (s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to: i. remove you as trustee, or to appoint a substitute or additional trustee; or ii. bring any part of the trust assets under the control of any court; (t) any of the following were to occur where you are trustee of a trust: i. any application or order is made in any court for: B. any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.218.2:
(a) 18.1.1 an Insolvency Event occurs in relation to you;
(b) 18.1.2 you are an individual and you die or become of unsound mind;
(c) 18.1.3 you fail to provide any Margin or other sum due under this Client Agreement the Agreements in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) 18.1.4 you are in breach of any obligation, warranty or representation made under this Client Agreement (whether by act or omission) and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) 18.1.5 you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) 18.1.6 any fee or other payments due to us are not paid in accordance with this Client Agreementthe Agreements;
(g) 18.1.7 whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) 18.1.8 at any time or for any period deemed unreasonable by us you are not contactable contactable, or you do not respond to any notice or correspondence from us;
(i) 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) 18.1.10 we consider that there are abnormal trading conditions;
(k) 18.1.11 we consider it necessary for the protection of our rights under this Client Agreement;
(l) 18.1.12 we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) 18.1.14 we are so requested by ASIC or any other regulatory body or authority;
(o) 18.1.15 the aggregate of your Order Orders and all other Orders for a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings;
(p) 18.1.16 where we have not received, within ten days (10) Business Days of a written request, all information which we have requested in connection with this Agreementthe Agreements;
(q) 18.1.17 any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) 18.1.18 where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. (a) remove you as trustee, or to appoint a substitute or additional trustee; or
ii. (b) bring any part of the trust assets under the control of any court;
(t) 18.1.19 any of the following were to occur where you are trustee of a trust: i. :
(a) any application or order is made in any court for: B. • accounts to be taken in respect of the trust; or • any property of the trust is to be brought into court or administered by the court under its control; iii. ;
(b) the beneficiaries of the trust resolve to wind up the trust;
(c) you are required to wind up the trust under the Trust Deed or applicable law;
(d) the winding up of the trust commences for any other reason;
(e) the trust is held, or is conceded by you, not to have been properly constituted;
(f) you cease to be authorised under the Trust Deed or at law to own the trust assets in your name or to perform your obligations under this Client Agreement; or
(g) you breach any of your obligations as trustee of the trust.
18.1.20 we reasonably believe that any one or more of the circumstances set out above is likely to happen or in any other circumstance where we reasonably believe that it is necessary or desirable to protect ourselves or all or any of our other clients.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any The following constitute events of the following events constitutes Events of Defaultdefault, which upon their occurrence give us the right to take action in accordance with clause 14.2Clause 15.2:
(a) an Insolvency Event a. An insolvency event occurs in relation to you;
(b) you b. You are an individual and you die or become of unsound mind;
(c) you c. You fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsMargin FX contract or CFD, or the Margin held by us in respect of any open Contracts positions falls below our Margin Requirements;
(d) you d. You are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any e. Any fee or other payments due to us are is not paid in accordance with this Client Agreement;
(g) whether f. Whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at g. At any time or for any period deemed unreasonable reasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we h. We reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 Clause 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we i. We reasonably consider that there are abnormal trading conditions;
(k) we j. We reasonably consider it necessary for the protection of our rights under this Client Agreement;
(l) we k. We are unable to quote make price in the Product Margin FX contract or CFD due to the unavailability of the relevant market information for reasons beyond our control;
(m) we l. We consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we m. We are so requested by ASIC or any other regulatory body or authority;
(o) the n. The aggregate of your Order order and all other Orders orders for a Contract Margin FX contract or CFD is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(t) any of the following were to occur where you are trustee of a trust: i. any application or order o. A position limit is made in any court for: B. any property of the trust is less likely to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;exceeded.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(ts) any of the following were to occur where you are trustee of a trust: i. any application or order is made in any court for: B. any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(ts) any of the following were to occur where you are trustee of a trust: :
i. any application or order is made in any court for: :
A. accounts to be taken in respect of the trust; or
B. any property of the trust is to be brought into court or administered by the court under its control; ;
ii. the beneficiaries of the trust resolve to wind up the trust;
iii. you are required to wind up the trust under the Trust Deed or applicable law;
iv. the winding up of the trust commences for any other reason;
(t) where you are trustee of a trust, the trust is held, or is conceded by you, not to have been properly constituted;
(u) where you are trustee of a trust, you cease to be authorised under the Trust Deed or at law to own the trust assets in your name or to perform your obligations under this Client Agreement; or
(v) where you are trustee of a trust, you breach any of your obligations as trustee of the trust.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any The following constitute events of the following events constitutes Events of Defaultdefault, which upon their occurrence give us the right to take action in accordance with clause 14.2Clause 15.2:
(a) an Insolvency Event a. An insolvency event occurs in relation to you;
(b) you b. You are an individual and you die or become of unsound mind;
(c) you c. You fail to provide any Margin margin or other sum due under this Client Agreement in respect of any Contractsmargin FX contract or CFD, or the Margin margin held by us in respect of any open Contracts positions falls below our Margin Requirementsmargin requirements;
(d) you d. You are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any e. Any fee or other payments due to us are is not paid in accordance with this Client Agreement;
(g) whether f. Whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at g. At any time or for any period deemed unreasonable reasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we h. We reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 Clause 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we i. We reasonably consider that there are abnormal trading conditions;
(k) we j. We reasonably consider it necessary for the protection of our rights under this Client Agreement;
(l) we k. We are unable to quote make price in the Product margin FX contract or CFD due to the unavailability of the relevant market information for reasons beyond our control;
(m) we l. We consider that you may be in breach of or have failed to comply any Applicable Lawapplicable law;
(n) we m. We are so requested by ASIC or any other regulatory body or authority;
(o) the n. The aggregate of your Order order and all other Orders orders for a Contract margin FX contract or CFD is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trusteenormal trading size; or
ii. bring any part of the trust assets under the control of any court;
(t) any of the following were to occur where you are trustee of a trust: i. any application or order o. A position limit is made in any court for: B. any property of the trust is less likely to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;exceeded.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(ts) any of the following were to occur where you are trustee of a trust: :
i. any application or order is made in any court for: B. any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;:
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.218.2:
(a) 18.1.1 an Insolvency Event occurs in relation to you;
(b) 18.1.2 you are an individual and you die or become of unsound mind;
(c) 18.1.3 you fail to provide any Margin or other sum due under this Client Agreement the Agreements in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) 18.1.4 you are in breach of any obligation, warranty or representation made under this Client Agreement Terms and Conditions (whether by act or omission) and/or any information provided to us in connection with this Client Agreement Terms and Conditions is or has become untrue or misleading;
(e) 18.1.5 you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) 18.1.6 any fee or other payments due to us are not paid in accordance with this Client Agreementthe Agreements;
(g) 18.1.7 whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) 18.1.8 at any time or for any period deemed unreasonable by us you are not contactable contactable, or you do not respond to any notice or correspondence from us;
(i) 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) 18.1.10 we consider that there are abnormal trading conditions;
(k) 18.1.11 we consider it necessary for the protection of our rights under this Client AgreementTerms and Conditions;
(l) 18.1.12 we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) 18.1.14 we are so requested by ASIC or any other regulatory body or authority;
(o) 18.1.15 the aggregate of your Order Orders and all other Orders for a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings;
(p) 18.1.16 where we have not received, within ten days (10) Business Days of a written request, all information which we have requested in connection with this Agreementthe Agreements;
(q) 18.1.17 any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) 18.1.18 where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. a) remove you as trustee, or to appoint a substitute or additional trustee; or
ii. b) bring any part of the trust assets under the control of any court;
(t) 18.1.19 any of the following were to occur where you are trustee of a trust: i. any application or order is made in any court for: B. • any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;
Appears in 1 contract
Samples: Terms and Conditions
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable contactable, or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(ts) any of the following were to occur where you are trustee of a trust: :
i. any application or order is made in any court for: :
A. accounts to be taken in respect of the trust; or
B. any property of the trust is to be brought into court or administered by the court under its control; ;
ii. the beneficiaries of the trust resolve to wind up the trust;
iii. you are required to wind up the trust under the Trust Deed or applicable law;
iv. the winding up of the trust commences for any other reason;
(t) where you are trustee of a trust, the trust is held, or is conceded by you, not to have been properly constituted;
(u) where you are trustee of a trust, you cease to be authorised under the Trust Deed or at law to own the trust assets in your name or to perform your obligations under this Client Agreement; or
(v) where you are trustee of a trust, you breach any of your obligations as trustee of the trust.
Appears in 1 contract
Samples: Client Service Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any The following constitute events of the following events constitutes Events of Defaultdefault, which upon their occurrence give us the right to take action in accordance with clause 14.2Clause 15.2:
(a) an Insolvency Event a. An insolvency event occurs in relation to you;
(b) you b. You are an individual and you die or become of unsound mind;
(c) you c. You fail to provide any Margin margin or other sum due under this Client Agreement in respect of any Contractsmargin FX contract or CFD, or the Margin margin held by us in respect of any open Contracts positions falls below our Margin Requirementsmargin requirements;
(d) you d. You are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any e. Any fee or other payments due to us are is not paid in accordance with this Client Agreement;
(g) whether f. Whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at g. At any time or for any period deemed unreasonable reasonable by us you are not contactable or you do not respond to any notice or correspondence from correspondencefrom us;
(i) we reasonably h. Wereasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 Clause 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we i. We reasonably consider that there are abnormal trading conditions;
(k) we j. We reasonably consider it necessary for the protection of our rights under this Client Agreement;
(l) we k. We are unable to quote make price in the Product margin FX contract or CFD due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider l. Weconsider that you may be in breach of or have failed to comply any Applicable Lawapplicable law;
(n) we m. We are so requested by ASIC or any other regulatory body or authority;
(o) the n. The aggregate of your Order order and all other Orders orders for a Contract margin FX contract or CFD is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trusteenormal trading size; or
ii. bring any part of the trust assets under the control of any court;
(t) any of the following were to occur where you are trustee of a trust: i. any application or order o. A position limit is made in any court for: B. any property of the trust is less likely to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;exceeded.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.216.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any Contracts, or the Margin held by us in respect of any open Contracts falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 16.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. (a) remove you as trustee, or to appoint a substitute or additional trustee; or
ii. (b) bring any part of the trust assets under the control of any court;
; (ts) any of the following were to occur where you are trustee of a trust: i. :
(c) (i) any application or order is made in any court for: B. :
i. accounts to be taken in respect of the trust; or
ii. any property of the trust is to be brought into court or administered by the court under its control; iii. ;
(d) the beneficiaries of the trust resolve to wind up the trust;
(e) you are required to wind up the trust under the Trust Deed or applicable law;
(f) the winding up of the trust commences for any other reason;
s) where you are trustee of a trust, the trust is held, or is conceded by you, not to have been properly constituted;
t) where you are trustee of a trust, you cease to be authorised under the Trust Deed or at law to own the trust assets in your name or to perform your obligations under this Client Agreement; or
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any Contracts, or the Margin held by us in respect of any open Contracts falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(t) any of the following were to occur where you are trustee of a trust: :
i. any application or order is made in any court for: B. any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;:
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) an Insolvency Event occurs in relation to you;
(b) you are an individual and you die or become of unsound mind;
(c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
(ih) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 15.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(ji) we consider that there are abnormal trading conditions, unusual transactions or circumstances that lead us to believe you have engaged in trading behaviour that has the effect of manipulating the prices or trading platform;
(kj) we consider it necessary for the protection of our rights under this Client Agreement;
(lk) we are unable to quote price prices in the Product Products due to the unavailability of the relevant market information for reasons beyond our control;
(ml) we consider that you may be in breach of or have failed to comply any Applicable Law;
(nm) we are so requested by ASIC or any other regulatory body or authority;
(on) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(po) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(qp) any restriction on your Contract Position size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(sq) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(tr) any of the following were to occur where you are trustee of a trust: :
i. any application or order is made in any court for: :
A. accounts to be taken in respect of the trust; or
B. any property of the trust is to be brought into court or administered by the court under its control; ;
ii. the beneficiaries of the trust resolve to wind up the trust;
iii. you are required to wind up the trust under the Trust Deed or applicable law;
iv. the winding up of the trust commences for any other reason;
(s) where you are trustee of a trust, the trust is held, or is conceded by you, not to have been properly constituted;
(t) where you are trustee of a trust, you cease to be authorised under the Trust Deed or at law to own the trust assets in your name or to perform your obligations under this Client Agreement; or
(u) where you are trustee of a trust, you breach any of your obligations as trustee of the trust.
Appears in 1 contract
Samples: Client Agreement
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.215.2:
(a) a. an Insolvency Event occurs in relation to you;
(b) b. you are an individual and you die or become of unsound mind;
(c) c. you fail to provide any Margin or other sum due under this Client Agreement in respect of any ContractsPositions, or the Margin held by us in respect of any open Contracts Positions falls below our Margin Requirements;
(d) d. you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
(e) e. you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
(f) f. any fee or other payments due to us are not paid in accordance with this Client Agreement;
(g) g. whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time;
(h) h. at any time or for any period deemed unreasonable by us you are not contactable contactable, or you do not respond to any notice or correspondence from us;
(i) i. we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
(j) we consider that there are abnormal trading conditions;
(k) we consider it necessary for the protection of our rights under this Client Agreement;
(l) we are unable to quote price in the Product due to the unavailability of the relevant market information for reasons beyond our control;
(m) we consider that you may be in breach of or have failed to comply any Applicable Law;
(n) we are so requested by ASIC or any other regulatory body or authority;
(o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size;
(p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement;
(q) any restriction on your Contract size is, or is likely to be, exceeded;
(r) where the further provisions regarding Event of Default as set out in Schedule 1;
(s) where you are trustee of a trust, and without our consent, you cease to be sole trustee of the trust, or any step is taken to:
i. remove you as trustee, or to appoint a substitute or additional trustee; or
ii. bring any part of the trust assets under the control of any court;
(t) any of the following were to occur where you are trustee of a trust: i. any application or order is made in any court for: B. any property of the trust is to be brought into court or administered by the court under its control; iii. you are required to wind up the trust under the Trust Deed or applicable law;clause
Appears in 1 contract
Samples: Client Agreement