Close-Out Netting and Set-Off Rights Sample Clauses

Close-Out Netting and Set-Off Rights. Subject to applicable European Union laws and regulations, if the Client: (i) incurs a margin deficit in any IBIE account, (ii) defaults on any obligation to IBIE, (iii) incurs a "Default" as specified in Clause 6A, or (iv) fails to pay debts when due, IBIE has the right but not the obligation to close-out the Client's Transactions, liquidate all or some of the Client's collateral and apply the proceeds to any debt to IBIE. IBIE shall be entitled to charge the Client all commissions, spreads, costs and charges incurred.
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Close-Out Netting and Set-Off Rights. Subject to applicable European Union laws and regulations (including the ESMA Decision if still in effect), if Client: (i) incurs a margin deficit in any IBLUX account, (ii) defaults on any obligation to IBLUX, (iii) incurs a "Default" as specified in Section 4.2.2 herein, or (iv) fails to pay debts when due, IBLUX has the right but not the obligation to close-out Client's Transactions, liquidate all or some of Client's collateral and apply the proceeds to any debt to IBLUX. IBLUX shall be entitled to charge Client all commissions, spreads, costs and charges incurred.
Sample 1
Close-Out Netting and Set-Off Rights. If Client: (i) incurs a margin deficit in any IB UK account, (ii) defaults on any obligation to IB UK, (iii) incurs a "Default" as specified in Section 20 herein, or (iv) fails to pay debts when due, IB UK has the right but not the obligation to close-out Client's transactions, liquidate all or some of Client's collateral and apply the proceeds to any debt to IB UK. IB UK shall be entitled to charge the Client all commissions, spreads, costs and charges incurred.
Sample 1
Close-Out Netting and Set-Off Rights. Subject to applicable European Union laws and regulations including the ESMA Decision if still in effect), if Client: (i) incurs a margin deficit in any IBLUX account,
Sample 1
Close-Out Netting and Set-Off Rights. Subject to Applicable Law, if the Client: (i) incurs a margin deficit in any IBUK account, (ii) defaults on any obligation to IBUK, (iii) incurs a "Default" as specified in Section 4.2.3 herein, or (iv) fails to pay debts when due, XXXX has the right but not the obligation to close-out the Client's transactions, liquidate all or some of the Client's collateral and apply the proceeds to any debt to IBUK. IBUK shall be entitled to charge the Client all commissions, spreads, costs and charges incurred.
Sample 1

Related to Close-Out Netting and Set-Off Rights

  • Netting and Set-Off 20.1. If the aggregate amount payable by the Client is equal to the aggregate amount payable by the Company, then automatically the mutual obligations to make payment are set-off and cancel each other.

  • CLOSING AND SETTLEMENT Seller/Landlord shall determine the title company at which settlement shall occur and shall inform Buyer/Tenant of this location in writing. Buyer/Tenant agrees that closing costs in their entirety, including any points, fees, and other charges required by the third-party lender, shall be the sole responsibility of Buyer/Tenant. The only expense related to closing costs apportioned to Seller/Landlord shall be the pro-rated share of the ad valorem taxes due at the time of closing, for which Seller/Landlord is solely responsible.

  • Mitigation and Set-Off The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Company shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company by the Executive, any amounts earned by the Executive in other employment after termination of his employment with the Company, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.

  • Vesting and Settlement The Restricted Shares shall cease to constitute Restricted Shares, and shall become unrestricted Shares, pursuant to the vesting schedule attached as Exhibit A.

  • Defense and Settlement The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement.

  • Lien and Set Off 7.1 In addition to and without prejudice to any general liens, right of set-off or other similar rights to which the Broker is entitled under law or this Agreement, all securities, receivables, money (in any currency) and other property of the Client (held by the Client individually or jointly with others) held by or in possession of the Broker at any time shall be subject to a general lien in favour of the Broker as continuing security to offset and discharge all of the Client’s obligations, arising from the Transactions or otherwise, to the Broker and any Broker Group Company.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • No Settlement Without Consent Neither party to this Agreement shall settle any Proceeding in any manner that would impose any damage, loss, penalty or limitation on Indemnitee without the other party’s written consent. Neither the Company nor Indemnitee shall unreasonably withhold its consent to any proposed settlement.

  • Objections to Settlement 7.7.1 Only Participating Class Members may object to the class action components of the Settlement and/or this Agreement, including contesting the fairness of the Settlement, and/or amounts requested for the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment and/or Class Representative Service Payment.

  • Net Out of Settlement Amounts The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Defaulting Party within two Business Days following notice.

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