Common use of COLLATERAL AND LENDING AGREEMENT Clause in Contracts

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, funds, reserves, deposits, securities, negotiable instruments, Commodity Interests, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others or as guarantor of the account(s) of any other person, shall be subject to a general lien and security interest for the discharge of Customer's obligations to GAIN, wherever or however arising and without regard to whether GAIN has made any advances with regard to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretion, without notice to Customer apply and/or transfer any or all of Customer's Property between Customer's Account(s). Customer grants GAIN the right to pledge, re- pledge, hypothecate, invest with or loan to GAIN as broker or to others any of Customer's Property held by GAIN, separately or together with any Property of other customers, as margin or collateral for Customer's Account(s) (including, without limitation, GAIN's right to engage in securities repurchase and reverse repurchase agreements with others). Customer agrees that GAIN shall not be required to deliver the identical Property delivered or purchased by GAIN for any of Customer's Account(s). Customer agrees that if Customer takes delivery of a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership of such Commodity Interest) as collateral for a bank loan. Customer agrees that the proceeds from such bank loan may be used by GAIN to pay for the Commodity Interest (or evidence of ownership of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amended.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, All funds, reserves, deposits, securities, negotiable instrumentscurrencies, Commodity Interestsand other property of Customer which EQUINOX MARKETS LIMITED (UK) or its affiliates may at any time be carrying for Customer (either individually, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others other, or as a guarantor of the account(s) account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, shall including safekeeping, are to be held by EQUINOX MARKETS LIMITED (UK) as security and subject to a general lien and security interest right of set-off for the discharge liabilities of Customer's obligations Customer to GAIN, wherever EQUINOX MARKETS LIMITED (UK) whether or however arising and without regard to whether GAIN not EQUINOX MARKETS LIMITED (UK) has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer may have with EQUINOX MARKETS LIMITED (UK) EQUINOX MARKETS LIMITED (UK) may in its discretion, at any advances with regard time and from time to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretiontime, without notice to Customer Customer, apply and/or transfer any or all funds or other property of Customer between any of Customer's Property between Customer's Account(s)’s accounts. Customer hereby also grants GAIN to EQUINOX MARKETS LIMITED (UK) the right to pledge, re- pledgerepledge, hypothecate, invest or loan, either separately or with or loan the property of other Customers, to GAIN itself as broker or to others others, any securities or other property of Customer's Property Customer held by GAIN, separately or together with any Property of other customers, EQUINOX MARKETS LIMITED (UK) as margin or collateral for Customer's Account(ssecurity. EQUINOX MARKETS LIMITED (UK) (including, without limitation, GAIN's right to engage in securities repurchase and reverse repurchase agreements with others). Customer agrees that GAIN shall not at no time be required to deliver to Customer the identical Property property delivered to or purchased by GAIN EQUINOX MARKETS LIMITED (UK) for any account of Customer's Account(s). This authorization shall apply to all accounts carried by EQUINOX MARKETS LIMITED (UK) for Customer agrees that if and shall remain in full force until all accounts are fully paid for by Customer takes delivery or notice of revocation is sent by EQUINOX MARKETS LIMITED (UK) from its home office. Any failure by EQUINOX MARKETS LIMITED (UK) to enforce its rights hereunder shall not be deemed a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership future waiver of such Commodity Interestrights by EQUINOX MARKETS LIMITED (UK) EQUINOX MARKETS LIMITED (UK) is irrevocably appointed as collateral attorney in-fact for a bank loanCustomer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that EQUINOX MARKETS LIMITED (UK) deems necessary or desirable to evidence or to protect EQUINOX MARKETS LIMITED (UK)’s interest with respect to any collateral. Customer agrees In the event that the proceeds from such bank loan may be used by GAIN collateral deemed acceptable to EQUINOX MARKETS LIMITED (UK) is at any time insufficient to satisfy Customer’s indebtedness or CUSTOMER AGREEMENT 6 other obligations to EQUINOX MARKETS LIMITED (UK), including obligations to provide margin in accordance with section 4 above, Customer shall promptly pay for upon demand the Commodity Interest (or evidence of ownership entire amount of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amendeddeficit.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, All funds, reserves, deposits, securities, negotiable instrumentscurrencies, Commodity Interestsand other property of Customer which RUBY MARKETS LIMITED or its affiliates may at any time be carrying for Customer (either individually, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others other, or as a guarantor of the account(s) account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, shall including safekeeping, are to be held by RUBY MARKETS LIMITED as security and subject to a general lien and security interest right of set-off for the discharge liabilities of Customer's obligations Customer to GAIN, wherever RUBY MARKETS LIMITED whether or however arising and without regard to whether GAIN not RUBY MARKETS LIMITED has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer may have with RUBY MARKETS LIMITED RUBY MARKETS LIMITED may in its discretion, at any advances with regard time and from time to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretiontime, without notice to Customer Customer, apply and/or transfer any or all funds or other property of Customer between any of Customer's Property between Customer's Account(s)’s accounts. Customer hereby also grants GAIN to RUBY MARKETS LIMITED the right to pledge, re- pledgerepledge, hypothecate, invest or loan, either separately or with or loan the property of other Customers, to GAIN itself as broker or to others others, any securities or other property of Customer's Property Customer held by GAIN, separately or together with any Property of other customers, RUBY MARKETS LIMITED as margin or collateral for Customer's Account(s) (including, without limitation, GAIN's right to engage in securities repurchase and reverse repurchase agreements with others)security. Customer agrees that GAIN RUBY MARKETS LIMITED shall not at no time be required to deliver to Customer the identical Property property delivered to or purchased by GAIN RUBY MARKETS LIMITED for any account of Customer's Account(s). This authorization shall apply to all accounts carried by RUBY MARKETS LIMITED for Customer agrees that if and shall remain in full force until all accounts are fully paid for by Customer takes delivery or notice of revocation is sent by RUBY MARKETS LIMITED from its home office. Any failure by RUBY MARKETS LIMITED to enforce its rights hereunder shall not be deemed a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership future waiver of such Commodity Interest) rights by RUBY MARKETS LIMITED. RUBY MARKETS LIMITED is irrevocably appointed as collateral attorney in-fact for a bank loanCustomer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that RUBY MARKETS LIMITED deems necessary or desirable to evidence or to protect RUBY MARKETS LIMITED’s interest with respect to any collateral. Customer agrees In the event that the proceeds from such bank loan may be used by GAIN collateral deemed acceptable to RUBY MARKETS LIMITED is at any time insufficient to satisfy Customer’s indebtedness or other obligations to RUBY MARKETS LIMITED, including obligations to provide margin in accordance with section 4 above, Customer shall promptly pay for upon demand the Commodity Interest (or evidence of ownership entire amount of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amendeddeficit.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, All funds, reserves, deposits, securities, negotiable instrumentscurrencies, Commodity Interestsand other property of Customer which FUNDA MARKETS LIMITED or its affiliates may at any time be carrying for Customer (either individually, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others other, or as a guarantor of the account(s) account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, shall including safekeeping, are to be held by FUNDA MARKETS LIMITED as security and subject to a general lien and security interest right of set-off for the discharge liabilities of Customer's obligations Customer to GAIN, wherever FUNDA MARKETS LIMITED whether or however arising and without regard to whether GAIN not FUNDA MARKETS LIMITED has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer may have with FUNDA MARKETS LIMITED FUNDA MARKETS LIMITED may in its discretion, at any advances with regard time and from time to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretiontime, without notice to Customer Customer, apply and/or transfer any or all funds or other property of Customer between any of Customer's Property between Customer's Account(s)’s accounts. Customer hereby also grants GAIN to FUNDA MARKETS LIMITED the right to pledge, re- pledgerepledge, hypothecate, invest or loan, either separately or with or loan the property of other Customers, to GAIN CUSTOMER AGREEMENT 5 itself as broker or to others others, any securities or other property of Customer's Property Customer held by GAIN, separately or together with any Property of other customers, FUNDA MARKETS LIMITED as margin or collateral for Customer's Account(s) (including, without limitation, GAIN's right to engage in securities repurchase and reverse repurchase agreements with others)security. Customer agrees that GAIN FUNDA MARKETS LIMITED shall not at no time be required to deliver to Customer the identical Property property delivered to or purchased by GAIN FUNDA MARKETS LIMITED for any account of Customer's Account(s). This authorization shall apply to all accounts carried by FUNDA MARKETS LIMITED for Customer agrees that if and shall remain in full force until all accounts are fully paid for by Customer takes delivery or notice of revocation is sent by FUNDA MARKETS LIMITED from its home office. Any failure by FUNDA MARKETS LIMITED to enforce its rights hereunder shall not be deemed a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership future waiver of such Commodity Interest) rights by FUNDA MARKETS LIMITED FUNDA MARKETS LIMITED is irrevocably appointed as collateral attorney in-fact for a bank loanCustomer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that FUNDA MARKETS LIMITED deems necessary or desirable to evidence or to protect FUNDA MARKETS LIMITED’s interest with respect to any collateral. Customer agrees In the event that the proceeds from such bank loan may be used by GAIN collateral deemed acceptable to FUNDA MARKETS LIMITED is at any time insufficient to satisfy Customer’s indebtedness or other obligations to FUNDA MARKETS LIMITED, including obligations to provide margin in accordance with section 4 above, Customer shall promptly pay for upon demand the Commodity Interest (or evidence of ownership entire amount of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amendeddeficit.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, funds, reserves, deposits, securities, negotiable instruments, Commodity Interests, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAINGAIN Capital, either individually or jointly with others or as guarantor of the account(s) of any other person, shall be subject to a general lien and security interest for the discharge of Customer's obligations to GAINGAIN Capital, wherever or however arising and without regard to whether GAIN Capital has made any advances with regard to such Property. Customer agrees that GAIN Capital is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN Capital as XxxxxxxxCustomer's attorney-in-fact attorney‐in‐fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN Capital may, in XXXXGAIN Capital's sole and absolute discretion, without notice to Customer apply and/or transfer any or all of Customer's Property between Customer's Account(s). Customer grants GAIN Capital the right to pledge, re- pledgere‐pledge, hypothecate, invest with or loan to GAIN Capital as broker or to others any of Customer's Property held by GAINGAIN Capital, separately or together with any Property of other customers, as margin or collateral for Customer's Account(s) (including, without limitation, GAINGAIN Capital's right to engage in securities repurchase and reverse repurchase agreements with others). Customer agrees that GAIN Capital shall not be required to deliver the identical Property delivered or purchased by GAIN Capital for any of Customer's Account(s). Customer agrees that if Customer takes delivery of a Commodity Interest, GAIN Capital may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership of such Commodity Interest) as collateral for a bank loan. Customer agrees that the proceeds from such bank loan may be used by GAIN Capital to pay for the Commodity Interest (or evidence of ownership of such Commodity Interest) until re-delivery re‐delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN Capital pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amended.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, funds, reserves, deposits, securities, negotiable instruments, Commodity Interests, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others or as guarantor of the account(s) of any other person, shall be subject to a general lien and security interest for the discharge of Customer's obligations to GAIN, wherever or however arising and without regard to whether GAIN has made any advances with regard to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretion, without notice to Customer apply and/or transfer any or all of Customer's Property between Customer's Account(s). Customer grants GAIN the right to pledge, re- pledge, hypothecate, invest with or loan to GAIN as broker or to others any of Customer's Property held by GAIN, separately or together with any Property of other customers, as margin or collateral for Customer's Account(s) (including, without limitation, GAINXXXX's right to engage in securities repurchase and reverse repurchase agreements with others). Customer agrees that GAIN shall not be required to deliver the identical Property delivered or purchased by GAIN for any of Customer's Account(s). Customer agrees that if Customer takes delivery of a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership of such Commodity Interest) as collateral for a bank loan. Customer agrees that the proceeds from such bank loan may be used by GAIN to pay for the Commodity Interest (or evidence of ownership of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amended.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, All funds, reserves, deposits, securities, negotiable instrumentscurrencies, Commodity Interestsand other property of Customer which CRONOSCAP MARKETS LIMITED or its affiliates may at any time be carrying for Customer (either individually, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAIN, either individually or jointly with others other, or as a guarantor of the account(s) account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, shall including safekeeping, are to be held by CRONOSCAP MARKETS LIMITED as security and subject to a general lien and security interest right of set-off for the discharge liabilities of Customer's obligations Customer to GAIN, wherever CRONOSCAP CUSTOMER AGREEMENT 6 MARKETS LIMITED whether or however arising and without regard to whether GAIN not CRONOSCAP MARKETS LIMITED has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer may have with CRONOSCAP MARKETS LIMITED CRONOSCAP MARKETS LIMITED may in its discretion, at any advances with regard time and from time to such Property. Customer agrees that GAIN is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN as Xxxxxxxx's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN may, in XXXX's sole and absolute discretiontime, without notice to Customer Customer, apply and/or transfer any or all funds or other property of Customer between any of Customer's Property between Customer's Account(s)’s accounts. Customer hereby also grants GAIN to CRONOSCAP MARKETS LIMITED the right to pledge, re- pledgerepledge, hypothecate, invest or loan, either separately or with or loan the property of other Customers, to GAIN itself as broker or to others others, any securities or other property of Customer's Property Customer held by GAIN, separately or together with any Property of other customers, CRONOSCAP MARKETS LIMITED as margin or collateral for Customer's Account(s) (including, without limitation, GAIN's right to engage in securities repurchase and reverse repurchase agreements with others)security. Customer agrees that GAIN CRONOSCAP MARKETS LIMITED shall not at no time be required to deliver to Customer the identical Property property delivered to or purchased by GAIN CRONOSCAP MARKETS LIMITED for any account of Customer's Account(s). This authorization shall apply to all accounts carried by CRONOSCAP MARKETS LIMITED for Customer agrees that if and shall remain in full force until all accounts are fully paid for by Customer takes delivery or notice of revocation is sent by CRONOSCAP MARKETS LIMITED from its home office. Any failure by CRONOSCAP MARKETS LIMITED to enforce its rights hereunder shall not be deemed a Commodity Interest, GAIN may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership future waiver of such Commodity Interest) rights by CRONOSCAP MARKETS LIMITED CRONOSCAP MARKETS LIMITED is irrevocably appointed as collateral attorney in-fact for a bank loanCustomer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that CRONOSCAP MARKETS LIMITED deems necessary or desirable to evidence or to protect CRONOSCAP MARKETS LIMITED’s interest with respect to any collateral. Customer agrees In the event that the proceeds from such bank loan may be used by GAIN collateral deemed acceptable to CRONOSCAP MARKETS LIMITED is at any time insufficient to satisfy Customer’s indebtedness or other obligations to CRONOSCAP MARKETS LIMITED, including obligations to provide margin in accordance with section 4 above, Customer shall promptly pay for upon demand the Commodity Interest (or evidence of ownership entire amount of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amendeddeficit.

COLLATERAL AND LENDING AGREEMENT. Customer agrees that all monies, funds, reserves, deposits, securities, negotiable instruments, Commodity Interests, cash, cash equivalents and property (collectively "Property") belonging to Customer or in which Customer has an interest which are held by GAINOEC, either individually or jointly with others or as guarantor of the account(s) of any other person, shall be subject to a general lien and security interest for the discharge of Customer's obligations to GAINOEC, wherever or however arising and without regard to whether GAIN OEC has made any advances with regard to such Property. Customer agrees that GAIN OEC is authorized to sell or purchase any and all such Property without notice to Customer to satisfy such general lien or security interest. Customer irrevocably appoints GAIN OEC as XxxxxxxxCustomer's attorney-in-fact with power of substitution to execute any documents for the perfection or registration of such general lien or security interest with regard to Customer's Property. Customer agrees that GAIN OEC may, in XXXXOEC's sole and absolute discretion, without notice to Customer apply and/or transfer any or all of Customer's Property between Customer's Account(s). Customer grants GAIN OEC the right to pledge, re- re-pledge, hypothecate, invest with or loan to GAIN OEC as broker or to others any of Customer's Property held by GAINOEC, separately or together with any Property of other customers, as margin or collateral for Customer's Account(s) (including, without limitation, GAINOEC's right to engage in securities repurchase and reverse repurchase agreements with others). Customer agrees that GAIN OEC shall not be required to deliver the identical Property delivered or purchased by GAIN OEC for any of Customer's Account(s). Customer agrees that if Customer takes delivery of a Commodity Interest, GAIN OEC may utilize such Commodity Interest (or any other property, warehouse receipts or evidence of ownership of such Commodity Interest) as collateral for a bank loan. Customer agrees that the proceeds from such bank loan may be used by GAIN OEC to pay for the Commodity Interest (or evidence of ownership of such Commodity Interest) until re-delivery of the Commodity Interest and/or payment by Customer in full, including interest, for the same. The rights granted to GAIN OEC pursuant to this Section are subject to the applicable requirements with regard to the segregation of customer funds and property under the Commodity Exchange Act, as amended.