ICE Futures U Sample Clauses

ICE Futures U. S. shall not be liable for the Losses incurred by the User in co-operating with and assisting ICE Futures U.S. in accordance with the terms of Clause 3.3 if ICE Futures U.S. can reasonably demonstrate that the alleged infringement arose from an unauthorized action of the User, unauthorized use of the Materials or unauthorized use of the User's Interface or ICE Interface in conjunction with the Materials, in which case the provisions of Clause 8 shall apply.
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ICE Futures U. S. may terminate this Agreement at any time upon the occurrence of any of the events specified in subsections (i) through (vii) of this clause 9.3. Such action shall in all events be without liability to ICE Futures U.S. as a consequence thereof. ICE Futures U.S.’s right to take such action pursuant to subsections (i) and (ii) shall take effect thirty (30) days from notice by ICE Futures U.S. that the event listed in such subsection has occurred, unless the User cures such breach within such notice period. ICE Futures U.S. ICE Futures U.S.’s right to take such action pursuant to subsections (iii) through (ix) shall be immediate and without prior notice by ICE Futures U.S. Pursuant to this clause 9.3, ICE Futures U.S. may terminate this Agreement or suspend access to the Platform if:
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ICE Futures U. S. may in its sole discretion amend any provision of this Agreement by notice to the User, where failure to do so will or would be likely to give rise to a breach of the rules and regulations of an applicable Regulatory Authority by ICE Futures U.S. The User expressly acknowledges and agrees that this provision is a condition of the Agreement and is necessary to ensure that regulatory compliance is maintained by ICE Futures U.S. at all times.
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ICE Futures U. S. may assign or transfer its rights, obligations and duties under this Agreement, without prior notice and in its absolute discretion, to any entity:
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ICE Futures U. S., Inc., a Delaware corporation whose principal office is at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000 (“IFUS”);
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ICE Futures U. S. shall provide the User with reasonable notice of the date by which any Compulsory Improvements must be installed by the User. In the event that the User fails to install Compulsory Improvements by the date notified by ICE Futures U.S., then ICE Futures U.S. shall be entitled to suspend the User’s access to the Platform for a period of six months from the date upon which the Compulsory Improvements should have been installed in accordance with ICE Futures U.S.’s notice. The last date in this six month suspension period shall be known as “the Final Installation Date”. It being understood that if the User installs the relevant Compulsory Improvements before the Final Installation Date then such suspension shall cease; further, in the event that the User has not installed the Compulsory Improvements by the Final Installation Date then this Agreement shall be automatically terminated.
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Related to ICE Futures U

  • Futures Contracts Upon receipt of Instructions, the Custodian shall enter into a futures margin procedural agreement among the appropriate Fund, the Custodian and the designated futures commission merchant (a "Procedural Agreement"). Under the Procedural Agreement the Custodian shall: (a) receive and retain confirmations, if any, evidencing the purchase or sale of a futures contract or an option on a futures contract by such Fund; (b) deposit and maintain in a segregated account cash, Securities and/or other Assets designated as initial, maintenance or variation "margin" deposits intended to secure such Fund's performance of its obligations under any futures contracts purchased or sold, or any options on futures contracts written by such Fund, in accordance with the provisions of any Procedural Agreement designed to comply with the provisions of the Commodity Futures Trading Commission and/or any commodity exchange or contract market (such as the Chicago Board of Trade), or any similar organization(s), regarding such margin deposits; and (c) release Assets from and/or transfer Assets into such margin accounts only in accordance with any such Procedural Agreements. The appropriate Fund and such futures commission merchant shall be responsible for determining the type and amount of Assets held in the segregated account or paid to the broker-dealer in compliance with applicable margin maintenance requirements and the performance of any futures contract or option on a futures contract in accordance with its terms.

  • Commodity Exchange Act Keepwell Provisions The Borrower hereby guarantees the payment and performance of all Obligations of each Loan Party (other than the Borrower) and absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time to each Loan Party (other than the Borrower) in order for such Loan Party to honor its obligations under the Guarantee and Security Agreement including obligations with respect to Hedging Obligations secured by the Collateral Documents (provided, however, that the Borrower shall only be liable under this Section 5.18 for the amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.18, or otherwise under this Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of the Borrower under this Section 5.18 shall remain in full force and effect until all Obligations (other than contingent indemnification obligations) are paid in full to the Lenders, the Administrative Agent and all other Secured Parties, and all of the Lenders’ Commitments are terminated. The Borrower intends that this Section 5.18 constitute, and this Section 5.18 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

  • Commodity Exchange Act Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.

  • Investment Securities and Commodities (a) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements), free and clear of any Lien, except as set forth in the financial statements included in the Company Reports or to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects.

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