Common use of COLLATERAL AND LENDING AGREEMENT Clause in Contracts

COLLATERAL AND LENDING AGREEMENT. All funds, securities, currencies, and other property of Client that NOOR may at any time be carrying for Client (either individually, corporate, jointly with others or as a guarantor of the account of any other person) or which may at any time be in its possession or control or carried on the books of NOOR for any purpose, including safekeeping, are to be held by NOOR as security and subject to a general lien and right of set-off for all obligations and liabilities of Client to NOOR whether or not Shall apply to all accounts carried by NOOR for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by NOOR. LIQUIDATIONOF ACCOUNTS/DEFICIT BALANCEST In the event of: A the death or judicial declaration of incompetence of Client, B the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client, C the filing of an attachment against any of Client's accounts carried by NOOR, D insufficient margin, or NOOR's determination, in its sole discretion, that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account, E Client's failure to provide NOOR any information requested pursuant to this agreement, or F any other circumstances or developments that XXXX xxxxx appropriate for its protection, then, in NOOR's sole discretion, it may take one or more, or any portion of, the following actions: NOOR has made advances in connection with such securities, currencies or other property, and irrespective of the number of accounts Client may have with NOOR. NOOR may in its discretion, at any time and from time to time, without notice to Client, apply and/or transfer any or all funds or other property of Client between any of Client's accounts. Client hereby also grants, free of charge or interest, to NOOR the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to itself as broker or to others, any securities or other property of Client held by NOOR as margin or collateral. NOOR, as the case may be, shall at no time be required to deliver to Client the identical property III Satisfy any obligation Client may have to NOOR, either directly or by way of guaranty of surety, out of any of Client's funds or property in its custody or control, Sell or purchase any or all Contracts, securities or property held or carried for Client, and Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client. Delivered to or purchased by NOOR for any account of Client. Should Client take delivery of currencies through settlement of trades, NOOR is obliged to make full payment for the delivery on 4 working days’ notice. If the balance in the Client's account is not adequate to pay for the delivery, the depository receipts held in the name of Client or NOOR, as Client's agent or nominee, become property carried on margin in the Client's account, since they are not fully paid for by Client. This authorization Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Client, Client's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client's or held jointly with others. In liquidation of Client's long or short positions, NOOR may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in Order to establish a spread or straddle which in the sole discretion of NOOR may be advisable to protect or reduce existing positions in a Client's account. Any sales or purchases hereunder may be made at NOOR's discretion with any inter-bank or other market where such business is then usually transacted or at a public auction or private sale, and NOOR may purchase the whole or any part thereof free from any right of redemption. Client shall at all times be liable for the payment of any deficit balance in Client's account(s) upon demand by NOOR and in all cases, Client shall be liable for any deficiency remaining in Client's account(s) in the event of the liquidation thereof in whole or in part by NOOR or by Client. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all obligations and liabilities of Client owed to NOOR, Client shall promptly pay upon demand, the deficit together with interest thereon at a rate equal to three points above the then prevailing prime rate at NOOR's principal bank or the maximum interest rate allowed by law, whichever is lower. Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including but not limited to, attorney's fees, witness fees and travel expenses. In the event NOOR incurs expenses other than for the collection of deficits, with respect to any of Client's account(s), Client agrees to pay such expenses. MONTHLYSTATEMENTS AND CONFIRMATIONS Transaction confirmations of orders and statements of account s for Client and made available solely online, shall be deemed correct and accurate and shall be conclusive and binding upon Client if not objected to immediately to by Client, in writing to, within five (5) business days of such activity being reviewable online. Failure to object shall be deemed acceptance and ratification of all actions taken by NOOR or NOOR's agents. Client's failure to receive a transaction confirmation shall not relieve Client of the duty to inquire of NOOR and to object as set out herein.

Appears in 2 contracts

Samples: Capital Client Agreement, Capital Client Agreement

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COLLATERAL AND LENDING AGREEMENT. All funds, securities, currencies, and other property of the Client that NOOR which Xxxxx Markets or its affiliates may at any time be carrying for the Client (either individually, corporate, jointly with others others, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on the its books of NOOR for any purpose, including safekeeping, are to be held by NOOR Xxxxx Markets as security and subject to a general lien and right of set-off for all obligations and liabilities of the Client to NOOR Xxxxx Markets whether or not Shall Xxxxx Markets has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts the Client may have with Xxxxx Markets. Xxxxx Markets may at its discretion, at any time and from time to time, without notice to the Client, apply and/or transfer any or all funds or other property of the Client between any of the Client’s accounts. The Client hereby also grants to Xxxxx Markets the right to pledge, repledge, hypothecate, invest, or loan, either separately or with the property of other the Clients, to itself as a broker or to others, any securities or other property of the Client held by Xxxxx Markets as margin or security. Xxxxx Markets shall at no time be required to deliver to the Client the identical property delivered to or purchased by Xxxxx Markets for any account of the Client. This authorization shall apply to all accounts carried by NOOR Xxxxx Markets for the Client and shall remain in full force until all accounts are fully paid for by the Client or notice of revocation is sent by NOORXxxxx Markets from its home office. LIQUIDATIONOF ACCOUNTS/DEFICIT BALANCEST In the event of: A the death or judicial declaration Any failure by Xxxxx Markets to enforce its rights hereunder shall not be deemed a future waiver of incompetence of Client, B the filing of a petition such rights by Xxxxx Markets. Xxxxx Markets is irrevocably appointed as attorney in bankruptcy, or a petition fact for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client, C the filing of an attachment against any of Client's accounts carried by NOOR, D insufficient margin, or NOOR's determination, in its sole discretion, that any collateral deposited to protect one or more accounts of Client and is inadequate, regardless of current market quotations, to secure the account, E Client's failure to provide NOOR any information requested pursuant to this agreement, or F any other circumstances or developments that XXXX xxxxx appropriate for its protection, then, in NOOR's sole discretion, it may take one or more, or any portion of, the following actions: NOOR has made advances in connection with such securities, currencies or other property, and irrespective of the number of accounts Client may have with NOOR. NOOR may in its discretion, at any time and from time to timeauthorized, without notice to the Client, apply and/or transfer to execute and deliver any or all funds or other property of Client between documents, give any of Client's accounts. Client hereby also grants, free of charge or interest, to NOOR the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to itself as broker or to others, any securities or other property of Client held by NOOR as margin or collateral. NOOR, as the case may be, shall at no time be required to deliver to Client the identical property III Satisfy any obligation Client may have to NOOR, either directly or by way of guaranty of surety, out of any of Client's funds or property in its custody or control, Sell or purchase any or all Contracts, securities or property held or carried for Clientnotice, and Cancel take any or all outstanding orders or contracts, or any other commitments made actions on behalf of Client. Delivered to or purchased by NOOR for any account of Client. Should Client take delivery of currencies through settlement of trades, NOOR is obliged to make full payment for the delivery on 4 working days’ notice. If the balance in the Client's account is not adequate to pay for , including the execution, delivery, the depository receipts held in the name and filing of Client financing statements, that Xxxxx Markets deems necessary or NOOR, as Client's agent desirable to evidence or nominee, become property carried on margin in the Client's account, since they are not fully paid for by Client. This authorization Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Client, Client's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client's or held jointly with others. In liquidation of Client's long or short positions, NOOR may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in Order to establish a spread or straddle which in the sole discretion of NOOR may be advisable to protect or reduce existing positions in a Client's account. Any sales or purchases hereunder may be made at NOOR's discretion Xxxxx Markets’ interest with respect to any inter-bank or other market where such business is then usually transacted or at a public auction or private sale, and NOOR may purchase the whole or any part thereof free from any right of redemption. Client shall at all times be liable for the payment of any deficit balance in Client's account(s) upon demand by NOOR and in all cases, Client shall be liable for any deficiency remaining in Client's account(s) in the event of the liquidation thereof in whole or in part by NOOR or by Clientcollateral. In the event that the proceeds realized pursuant collateral deemed acceptable to this authorization are Xxxxx Markets is at any time insufficient for to satisfy the payment of all Client’s indebtedness or other obligations and liabilities of Client owed to NOORXxxxx Markets, including obligations to provide margin in accordance with section 4 above, the Client shall promptly pay upon demand, demand the deficit together with interest thereon at a rate equal to three points above the then prevailing prime rate at NOOR's principal bank or the maximum interest rate allowed by law, whichever is lower. Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including but not limited to, attorney's fees, witness fees and travel expenses. In the event NOOR incurs expenses other than for the collection of deficits, with respect to any of Client's account(s), Client agrees to pay such expenses. MONTHLYSTATEMENTS AND CONFIRMATIONS Transaction confirmations of orders and statements of account s for Client and made available solely online, shall be deemed correct and accurate and shall be conclusive and binding upon Client if not objected to immediately to by Client, in writing to, within five (5) business days entire amount of such activity being reviewable online. Failure to object shall be deemed acceptance and ratification of all actions taken by NOOR or NOOR's agents. Client's failure to receive a transaction confirmation shall not relieve Client of the duty to inquire of NOOR and to object as set out hereindeficit.

Appears in 1 contract

Samples: muganmarkets.com

COLLATERAL AND LENDING AGREEMENT. All funds, securities, currencies, and other property of Client that NOOR Customer which QUANTIC VENTURE LIMITED or its affiliates may at any time be carrying for Client Customer (either individually, corporate, jointly with others other, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on the its books of NOOR for any purpose, including safekeeping, are to be held by NOOR QUANTIC VENTURE LIMITED as security and subject to a general lien and right of set-off for all obligations and liabilities of Client Customer to NOOR QUANTIC VENTURE LIMITED whether or not Shall apply to all accounts carried by NOOR for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by NOOR. LIQUIDATIONOF ACCOUNTS/DEFICIT BALANCEST In the event of: A the death or judicial declaration of incompetence of Client, B the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client, C the filing of an attachment against any of Client's accounts carried by NOOR, D insufficient margin, or NOOR's determination, in its sole discretion, that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account, E Client's failure to provide NOOR any information requested pursuant to this agreement, or F any other circumstances or developments that XXXX xxxxx appropriate for its protection, then, in NOOR's sole discretion, it may take one or more, or any portion of, the following actions: NOOR QUANTIC VENTURE LIMITED has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Client Customer may have with NOOR. NOOR QUANTIC VENTURE LIMITED QUANTIC VENTURE LIMITED may in its discretion, at any time and from time to time, without notice to ClientCustomer, apply and/or transfer any or all funds or other property of Client Customer between any of Client's Customer’s accounts. Client Customer hereby also grants, free of charge or interest, grants to NOOR QUANTIC VENTURE LIMITED the right to pledge, re-pledgerepledge, hypothecate, invest or loan, either separately or with the property of other ClientsCustomers, to itself as broker or to others, any securities or other property of Client Customer held by NOOR QUANTIC VENTURE LIMITED as margin or collateralsecurity. NOOR, as the case may be, QUANTIC VENTURE LIMITED shall at no time be required to deliver to Client Customer the identical property III Satisfy any obligation Client may have to NOOR, either directly or by way of guaranty of surety, out of any of Client's funds or property in its custody or control, Sell or purchase any or all Contracts, securities or property held or carried for Client, and Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client. Delivered delivered to or purchased by NOOR QUANTIC VENTURE LIMITED for any account of ClientCustomer. Should Client take delivery of currencies through settlement of trades, NOOR is obliged This authorization shall apply to make all accounts carried by QUANTIC VENTURE LIMITED for Customer and shall remain in full payment for the delivery on 4 working days’ notice. If the balance in the Client's account is not adequate to pay for the delivery, the depository receipts held in the name of Client or NOOR, as Client's agent or nominee, become property carried on margin in the Client's account, since they force until all accounts are not fully paid for by ClientCustomer or notice of revocation is sent by QUANTIC VENTURE LIMITED from its home office. This authorization Any failure by QUANTIC VENTURE LIMITED to enforce its rights hereunder shall not be deemed a future waiver of the above actions may be taken without demand such rights by QUANTIC VENTURE LIMITED QUANTIC VENTURE LIMITED is irrevocably appointed as attorney in-fact for margin or additional marginCustomer and is authorized, without prior notice of sale or purchase or other notice to ClientCustomer, Client's personal representativesto execute and deliver any documents, heirsgive any notice and to take any actions on behalf of Customer, executorsincluding the execution, administratorsdelivery and filing of financing statements, trustees, legatees that QUANTIC VENTURE LIMITED deems necessary or assigns and regardless of whether the ownership interest shall be solely Client's desirable to evidence or held jointly with others. In liquidation of Client's long or short positions, NOOR may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in Order to establish a spread or straddle which in the sole discretion of NOOR may be advisable to protect or reduce existing positions in a Client's account. Any sales or purchases hereunder may be made at NOOR's discretion QUANTIC VENTURE LIMITED’s interest with respect to any inter-bank or other market where such business is then usually transacted or at a public auction or private sale, and NOOR may purchase the whole or any part thereof free from any right of redemption. Client shall at all times be liable for the payment of any deficit balance in Client's account(s) upon demand by NOOR and in all cases, Client shall be liable for any deficiency remaining in Client's account(s) in the event of the liquidation thereof in whole or in part by NOOR or by Clientcollateral. In the event that the proceeds realized pursuant collateral deemed acceptable to this authorization are QUANTIC VENTURE LIMITED is at any time insufficient for the payment of all to satisfy Customer’s indebtedness or other obligations and liabilities of Client owed to NOORQUANTIC VENTURE LIMITED, Client including obligations to provide margin in accordance with section 4 above, Customer shall promptly pay upon demand, demand the deficit together with interest thereon at a rate equal to three points above the then prevailing prime rate at NOOR's principal bank or the maximum interest rate allowed by law, whichever is lower. Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including but not limited to, attorney's fees, witness fees and travel expenses. In the event NOOR incurs expenses other than for the collection of deficits, with respect to any of Client's account(s), Client agrees to pay such expenses. MONTHLYSTATEMENTS AND CONFIRMATIONS Transaction confirmations of orders and statements of account s for Client and made available solely online, shall be deemed correct and accurate and shall be conclusive and binding upon Client if not objected to immediately to by Client, in writing to, within five (5) business days entire amount of such activity being reviewable online. Failure to object shall be deemed acceptance and ratification of all actions taken by NOOR or NOOR's agents. Client's failure to receive a transaction confirmation shall not relieve Client of the duty to inquire of NOOR and to object as set out hereindeficit.

Appears in 1 contract

Samples: quan-tic.com

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COLLATERAL AND LENDING AGREEMENT. All funds, securities, currencies, and other property of Client that NOOR BMFN or its affiliates may at any time be carrying for Client (either individually, corporate, jointly with others or as a guarantor of the account of any other person) or which may at any time be in its possession or control or carried on the books of NOOR BMFN for any purpose, including safekeeping, are to be held by NOOR BMFN as security and subject to a general lien and right of set-off for all obligations and liabilities of Client to NOOR whether or not Shall apply to all accounts carried by NOOR for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by NOOR. LIQUIDATIONOF ACCOUNTS/DEFICIT BALANCEST In the event of: A the death or judicial declaration of incompetence of Client, B the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client, C the filing of an attachment against any of Client's accounts carried by NOORBMFN, D insufficient margin, or NOORBMFN's determination, in its sole discretion, determination that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account, E Client's failure to provide NOOR BMFN any information requested pursuant to this agreement, or F any other circumstances or developments that XXXX xxxxx appropriate for its protection, then, in NOORBMFN's sole discretion, it may take one or more, or any portion of, the following actions: NOOR obligations and liabilities of Client to BMFN whether or not BMFN has made advances in connection with such securities, currencies or other property, and irrespective of the number of accounts Client may have with NOORBMFN. NOOR BMFN may in its discretion, at any time and from time to time, without notice to Client, apply and/or transfer any or all funds or other property of Client between any of Client's accounts. Client hereby also grants, free of charge or interest, grants to NOOR BMFN the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to itself as broker or to others, any securities or other property of Client held by NOOR BMFN as margin or collateral. NOOR, as the case may be, BMFN shall at no time be required to deliver to Client the identical property III Satisfy satisfy any obligation Client may have to NOORBMFN, either directly or by way of guaranty of surety, out of any of Client's funds or property in its custody or control, Sell sell or purchase any or all Contracts, securities or property held or carried for Client, and Cancel cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client. Delivered to deliver to Client the identical property delivered to or purchased by NOOR BMFN for any account of Client. Should Client take delivery of currencies through settlement of trades, NOOR BMFN is obliged to make full payment for the delivery on 4 working days’ 24 hours notice. If the balance in the Client's account is not adequate to pay for the delivery, the depository receipts held in the name of Client or NOORBMFN, as Client's agent or nominee, become property carried on margin in the Client's account, since they are not fully paid for by Client. This authorization shall apply to all accounts carried by BMFN for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by BMFN. 10 LIQUIDATION OF ACCOUNTS/DEFICIT BALANCEST In the event of: A the death or judicial declaration of incompetence of Client, Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Client, Client's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client's or held jointly with others. In liquidation of Client's long or short positions, NOOR BMFN may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in Order order to establish a spread or straddle which in the sole discretion of NOOR BMFN may be advisable to protect or reduce existing positions in a Client's account. account Any sales or purchases hereunder may be made at NOORBMFN's discretion with any inter-inter- bank or other market where such business is then usually transacted or at a public auction or private sale, and NOOR BMFN may purchase the whole or any part thereof free from any right of redemption. Client shall at all times be liable for the payment of any deficit balance in Client's account(s) upon demand by NOOR BMFN and in all cases, Client shall be liable for any deficiency remaining in Client's account(s) in the event of the liquidation thereof in whole or in part by NOOR BMFN or by Client. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all obligations and liabilities of Client owed to NOORBMFN, Client shall promptly pay upon demand, the deficit together with interest thereon at a rate equal to three points above the then prevailing prime rate at NOORBMFN's principal bank or the maximum interest rate allowed by law, whichever is lower. Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including but not limited to, attorney's fees, witness fees and travel expenses. In the event NOOR BMFN incurs expenses other than for the collection of deficits, with respect to any of Client's account(s), Client agrees to pay such expenses. MONTHLYSTATEMENTS AND CONFIRMATIONS Transaction confirmations of orders and statements of account s for Client and made available solely online, shall be deemed correct and accurate and shall be conclusive and binding upon Client if not objected to immediately to by Client, in writing to, within five (5) business days of such activity being reviewable online. Failure to object shall be deemed acceptance and ratification of all actions taken by NOOR or NOOR's agents. Client's failure to receive a transaction confirmation shall not relieve Client of the duty to inquire of NOOR and to object as set out herein.

Appears in 1 contract

Samples: Individual Client Agreement

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