Common use of ACTIONS WE MAY TAKE Clause in Contracts

ACTIONS WE MAY TAKE. 18.1 What Constitutes an Event of Default 18.1.1 an Insolvency Event occurs in relation to you; 18.1.2 you are an individual, your death or your incapacity; 18.1.3 you fail to provide any Margin or other sum due under the Agreement in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements; 18.1.4 you are in breach of any obligation, warranty or representation made under the Agreement (whether by act or omission) and/or any information provided to us in connection with the Agreement is or has become untrue or misleading; 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; 18.1.6 any fee or other payments due to us are not paid in accordance with the Agreement; 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 on time; 18.1.8 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; 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; 18.1.10 we consider that there are abnormal trading conditions; 18.1.11 we consider it necessary for the protection of our rights under the Agreement; 18.1.12 we are unable to quote price in any Products due to the unavailability of the relevant market information or any other reasons beyond our control; 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law; 18.1.14 we are so requested by ASIC or any other regulatory body or authority; 18.1.15 the Client Money Trust Account in which your Client Money is held becomes frozen by the relevant account provider resulting in us losing the ability to withdraw or deposit funds from the Client Money Trust Account; 18.1.16 the aggregate of your Orders and a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings; 18.1.17 where we have not received, within ten (10) Business Days of a written request, all information which we have requested in connection with the Agreement; 18.1.18 any restriction on your Position size is, or is likely to be, exceeded; 18.1.19 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: (a) remove you as trustee, or to appoint a substitute or additional trustee; or (b) bring any part of the trust assets under the control of any court; 18.1.20 any of the following were to occur where you are trustee of a trust: (a) any application or order is made in any court for:  any property of the trust is to be brought into court or administered by the court under its control; (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 the Agreement; or (g) you breach any of your obligations as trustee of the trust. 18.1.21 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.

ACTIONS WE MAY TAKE. 18.1 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 18.2: 18.1.1 an Insolvency Event occurs in relation to you; 18.1.2 you are an individual, your death individual and you die or your incapacity;become of unsound mind;‌ 18.1.3 you fail to provide any Margin or other sum due under the Agreement Agreements in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements; 18.1.4 you are in breach of any obligation, warranty or representation made under the this Client Agreement (whether by act or omission) and/or any information provided to us in connection with the this Client Agreement is or has become untrue or misleading; 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; 18.1.6 any fee or other payments due to us are not paid in accordance with the AgreementAgreements; 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 on time;in time;‌ 18.1.8 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; 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; 18.1.10 we consider that there are abnormal trading conditions;conditions;‌ 18.1.11 we consider it necessary for the protection of our rights under the this Client Agreement; 18.1.12 we are unable to quote price in any the Products due to the unavailability of the relevant market information or any other for reasons beyond our control; 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law;Law;‌ 18.1.14 we are so requested by ASIC or any other regulatory body or authority; 18.1.15 the Client Money Trust Account in which your Client Money is held becomes frozen by the relevant account provider resulting in us losing the ability to withdraw or deposit funds from the Client Money Trust Account; 18.1.16 the aggregate of your Orders and a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings; 18.1.17 18.1.16 where we have not received, within ten (10) Business Days of a written request, all information which we have requested in connection with the Agreement;Agreements;‌ 18.1.18 18.1.17 any restriction on your Position size is, or is likely to be, exceeded; 18.1.19 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:to:‌ (a) remove you as trustee, or to appoint a substitute or additional trustee; or (b) bring any part of the trust assets under the control of any court; 18.1.20 18.1.19 any of the following were to occur where you are trustee of a trust: (a) any application or order is made in any court for:  for:‌ • 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; (b) the beneficiaries of the trust resolve to wind up the trust;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;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 the this Client Agreement; or (g) you breach any of your obligations as trustee of the trust.trust.‌ 18.1.21 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.clients.‌ 18.2 What Action May We Take in an Event of Default 18.2.1 immediately require payment of any amount due to us, including Margin; 18.2.2 terminate this Client Agreement;‌ 18.2.3 close all or any of your open Positions; 18.2.4 limit the size of your open Positions either in monthly terms or a number of Positions (net or gross);‌

ACTIONS WE MAY TAKE. 18.1 What Constitutes an Event of Default 18.1.1 an Insolvency Event occurs in relation to you; 18.1.2 you are an individual, your death individual and you die or your incapacitybecome of unsound mind; 18.1.3 you fail to provide any Margin or other sum due under the Agreement in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements; 18.1.4 you are in breach of any obligation, warranty or representation made under the Agreement (whether by act or omission) and/or any information provided to us in connection with the Agreement is or has become untrue or misleading; 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; 18.1.6 any fee or other payments due to us are not paid in accordance with the Agreement; 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 on time; 18.1.8 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; 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; 18.1.10 we consider that there are abnormal trading conditions; 18.1.11 we consider it necessary for the protection of our rights under the Agreement; 18.1.12 we are unable to quote price in any the Products due to the unavailability of the relevant market information or any other for reasons beyond our control; 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law; 18.1.14 we are so requested by ASIC or any other regulatory body or authority; 18.1.15 the Client Money Trust Account in which your Client Money is held becomes frozen by the relevant account provider resulting in us losing the ability to withdraw or deposit funds from the Client Money Trust Account; 18.1.16 the aggregate of your Orders and a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings; 18.1.17 18.1.16 where we have not received, within ten (10) Business Days of a written request, all information which we have requested in connection with the Agreement; 18.1.18 18.1.17 any restriction on your Position size is, or is likely to be, exceeded; 18.1.19 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: (a) remove you as trustee, or to appoint a substitute or additional trustee; or (b) bring any part of the trust assets under the control of any court; 18.1.20 18.1.19 any of the following were to occur where you are trustee of a trust: (a) any application or order is made in any court for:  any property of the trust is to be brought into court or administered by the court under its control; (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 the Agreement; or (g) you breach any of your obligations as trustee of the trust. 18.1.21 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.

ACTIONS WE MAY TAKE. 18.1 What Constitutes an Event of Default 18.1.1 an Insolvency Event occurs in relation to you; 18.1.2 you are an individual, your death individual and you die or your incapacity;become of unsound mind;‌ 18.1.3 you fail to provide any Margin or other sum due under the Agreement Agreements in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements; 18.1.4 you are in breach of any obligation, warranty or representation made under the this Client Agreement (whether by act or omission) and/or any information provided to us in connection with the this Client Agreement is or has become untrue or misleading; 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; 18.1.6 any fee or other payments due to us are not paid in accordance with the AgreementAgreements; 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 on time;in time;‌ 18.1.8 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; 18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; 18.1.10 we consider that there are abnormal trading conditions;conditions;‌ 18.1.11 we consider it necessary for the protection of our rights under the this Client Agreement; 18.1.12 we are unable to quote price in any the Products due to the unavailability of the relevant market information or any other for reasons beyond our control; 18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law;Law;‌ 18.1.14 we are so requested by ASIC or any other regulatory body or authority; 18.1.15 the Client Money Trust Account in which your Client Money is held becomes frozen by the relevant account provider resulting in us losing the ability to withdraw or deposit funds from the Client Money Trust Account; 18.1.16 the aggregate of your Orders and a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings; 18.1.17 18.1.16 where we have not received, within ten (10) Business Days of a written request, all information which we have requested in connection with the Agreement;Agreements;‌ 18.1.18 18.1.17 any restriction on your Position size is, or is likely to be, exceeded; 18.1.19 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:to:‌ (a) remove you as trustee, or to appoint a substitute or additional trustee; or (b) bring any part of the trust assets under the control of any court; 18.1.20 18.1.19 any of the following were to occur where you are trustee of a trust: (a) any application or order is made in any court for:  any property of the trust is to be brought into court or administered by the court under its control;for:‌ (b) the beneficiaries of the trust resolve to wind up the trust;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;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 the this Client Agreement; or (g) you breach any of your obligations as trustee of the trust.trust.‌ 18.1.21 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.