Bulk Application. Where an Application forms part of a bulk application made by TCSCL or its nominee, whether on their own behalf or on behalf of their other clients, the Client acknowledges and agrees that: (i) such bulk application may be rejected for reasons which are unrelated to the Client and the Application, and neither TCSCL nor its nominee shall, in the absence of fraud, gross negligence or wilful default on their part, be liable to the Client or any other person in consequence of such rejection; (ii) it shall indemnify TCSCL and its nominee against all losses, damages, costs, charges, expenses (including legal fees on a full indemnity basis), claims or demands which may be sustained or incurred by or made against TCSCL or its nominee if such bulk application is rejected as a result of the Client's failure to comply with any of its obligations under the Client Agreement or otherwise in connection with the Application (including any representations and warranties given by the Client being or becoming untrue) or any other factors relating to the Client. The Client acknowledges that the Client may also be liable in damages to other persons affected by such failure or factors; and (iii) in the event that the bulk application is only partially accepted, the Client agrees that TCSCL or its nominee is entitled to distribute the Allotted Securities in TCSCL or its nominee's absolute discretion, including distributing the Allotted Securities equally among TCSCL and its nominee's clients under the bulk application and the Client shall not have any claim to the Allotted Securities or claim of priority to another client of TCSCL or its nominee in relation to the bulk application.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Bulk Application. Where an Application forms part of a bulk application made by TCSCL the Company or its nominee, whether on their own behalf or on behalf of their other clients, the Client acknowledges and agrees that: :
(i) such bulk application may be rejected for reasons which are unrelated to the Client and the Application, and neither TCSCL the Company nor its nominee shall, in the absence of fraud, gross negligence or wilful default on their part, be liable to the Client or any other person in consequence of such rejection; ;
(ii) it shall indemnify TCSCL the Company and its nominee against all losses, damages, costs, charges, expenses (including legal fees on a full indemnity basis), claims or demands which may be sustained or incurred by or made against TCSCL the Company or its nominee if such bulk application is rejected as a result of the Client's failure to comply with any of its obligations under the Client Agreement or otherwise in connection with the Application (including any representations and warranties given by the Client being or becoming untrue) or any other factors relating to the Client. The Client acknowledges that the Client may also be liable in damages to other persons affected by such failure or factors; and and
(iii) in the event that the bulk application is only partially accepted, the Client agrees that TCSCL the Company or its nominee is entitled to distribute the Allotted Securities in TCSCL the Company or its nominee's absolute discretion, including distributing the Allotted Securities equally among TCSCL the Company and its nominee's clients under the bulk application and the Client shall not have any claim to the Allotted Securities or claim of priority to another client of TCSCL the Company or its nominee in relation to the bulk application.
Appears in 1 contract
Sources: Client Agreement
Bulk Application. Where an Application forms part of a bulk application made by TCSCL the Company or its nominee, whether on their own behalf or on behalf of their other clients, the Client acknowledges and agrees that: (i) such bulk application may be rejected for reasons which are unrelated to the Client and the Application, and neither TCSCL the Company nor its nominee shall, in the absence of fraud, gross negligence or wilful default on their part, be liable to the Client or any other person in consequence of such rejection; (ii) it shall indemnify TCSCL the Company and its nominee against all losses, damages, costs, charges, expenses (including legal fees on a full indemnity basis), claims or demands which may be sustained or incurred by or made against TCSCL the Company or its nominee if such bulk application is rejected as a result of the Client's failure to comply with any of its obligations under the Client Agreement or otherwise in connection with the Application (including any representations and warranties given by the Client being or becoming untrue) or any other factors relating to the Client. The Client acknowledges that the Client may also be liable in damages to other persons affected by such failure or factors; and (iii) in the event that the bulk application is only partially accepted, the Client agrees that TCSCL the Company or its nominee is entitled to distribute the Allotted Securities in TCSCL the Company or its nominee's absolute discretion, including distributing the Allotted Securities equally among TCSCL the Company and its nominee's clients under the bulk application and the Client shall not have any claim to the Allotted Securities or claim of priority to another client of TCSCL the Company or its nominee in relation to the bulk application.
Appears in 1 contract
Sources: Client Agreement
Bulk Application. Where an Application forms part of a bulk application made by TCSCL the Company or its nominee, whether on their own behalf for itself or on behalf of their other clients, the Client acknowledges and agrees that: :
(ia) such bulk application may be rejected for reasons which are unrelated to the Client and the Application, and neither TCSCL the Company nor its nominee shall, in the absence of fraud, gross negligence or wilful default on their part, be liable to the Client or any other person in consequence of such rejection; ;
(iib) it shall indemnify TCSCL the Company and its nominee against all losses, damages, costs, charges, expenses (including legal fees on a full indemnity basis), claims or demands which may be sustained or incurred by or made against TCSCL the Company or its nominee if such bulk application is rejected as a result of the Client's failure to comply with any of its obligations under the Client Agreement or otherwise in connection with the Application (including any representations and warranties given by the Client being or becoming untrue) or any other factors relating to the Client. The Client acknowledges that the Client may also be liable in for damages to other persons affected by such failure or factors; and and
(iiic) in the event that the bulk application is only partially accepted, the Client agrees that TCSCL the Company or its nominee is entitled to distribute the Allotted Securities in TCSCL the Company or its nominee's absolute discretion, including distributing the Allotted Securities equally proportionately among TCSCL the Company and its nominee's clients under the bulk application and the Client shall not have any claim to the Allotted Securities or claim of priority to another client of TCSCL the Company or its nominee in relation to the bulk application.
Appears in 1 contract
Sources: Client Agreement