Common use of LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES Clause in Contracts

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SAC, (d) insufficient margin, or Tradeview Financial Markets SAC’s 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 Tradeview Financial Markets SAC any information requested pursuant to this agreement, or (f ) any other circumstances or developments that Tradeview Financial Markets SAC deems appropriate for its protection, then, in Tradeview Financial Markets SAC’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SAC, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC, 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 Tradeview Financial Markets SAC’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 Tradeview Financial Markets SAC incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 3 contracts

Samples: Joint Account Client Agreement, Account Client Agreement, Client Agreement

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LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 's accounts carried by Tradeview Financial Markets SACBMFN, (d) insufficient margin, or Tradeview Financial Markets SAC’s BMFN's 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 's failure to provide Tradeview Financial Markets SAC BMFN any information requested pursuant to this agreement, or (f f) any other circumstances or developments that Tradeview Financial Markets SAC deems XXXX xxxxx appropriate for its protection, then, in Tradeview Financial Markets SAC’s BMFN's sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACBMFN, either directly or by way of guaranty of surety, out of any of Client’s 's funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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 's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client’s 's or held jointly with others. In liquidation of Client’s 's long or short positions, Tradeview Financial Markets SAC BMFN may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC BMFN may be advisable to protect or reduce existing positions in a Client’s 's account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’s BMFN'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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC BMFN and in all cases, Client shall be liable for any deficiency remaining in Client’s 's account(s) in the event of the liquidation thereof in whole or in part by Tradeview Financial Markets SAC 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 Tradeview Financial Markets SACBMFN, 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 Tradeview Financial Markets SACBMFN’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 's fees, witness fees and travel expenses. In the event Tradeview Financial Markets SAC 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.

Appears in 3 contracts

Samples: Joint Account Client Agreement, Joint Account Client Agreement, Joint Account Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SACTRADEVIEW LTD, (d) insufficient margin, or Tradeview Financial Markets SACTRADEVIEW LTD’s 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 Tradeview Financial Markets SAC TRADEVIEW LTD any information requested pursuant to this agreement, or (f ) any other circumstances or developments that Tradeview Financial Markets SAC TRADEVIEW LTD deems appropriate for its protection, then, in Tradeview Financial Markets SACTRADEVIEW LTD’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACTRADEVIEW LTD, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC TRADEVIEW LTD may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC TRADEVIEW LTD may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SACTRADEVIEW LTD’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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SACTRADEVIEW LTD, 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 Tradeview Financial Markets SACTRADEVIEW LTD’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 Tradeview Financial Markets SAC TRADEVIEW LTD incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 3 contracts

Samples: Client Agreement, Individual and Joint Account Client Agreement, Individual and Joint Account Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SACTRADEVIEW LTD, (d) insufficient margin, or Tradeview Financial Markets SACTRADEVIEW LTD’s 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 Tradeview Financial Markets SAC TRADEVIEW LTD any information requested pursuant to this agreement, or (f ) any other circumstances or developments that Tradeview Financial Markets SAC TRADEVIEW LTD deems appropriate for its protection, then, in Tradeview Financial Markets SACTRADEVIEW LTD’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACTRADEVIEW LTD, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC TRADEVIEW LTD may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC TRADEVIEW LTD may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SACTRADEVIEW LTD’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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SAC TRADEVIEW LTD 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 Tradeview Financial Markets SACTRADEVIEW LTD, 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 Tradeview Financial Markets SACTRADEVIEW LTD’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 Tradeview Financial Markets SAC TRADEVIEW LTD incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 2 contracts

Samples: Account Client Agreement, Account Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SACThe Company, (d) insufficient margin, or Tradeview Financial Markets SACThe Company’s 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 Tradeview Financial Markets SAC The Company any information requested pursuant to this agreement, or (f f) any other circumstances or developments that Tradeview Financial Markets SAC The Company deems appropriate for its protection, then, in Tradeview Financial Markets SACThe Company’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACThe Company, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC The Company may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC The Company may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SACThe Company’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 Tradeview Financial Markets SAC The Company 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 Tradeview Financial Markets SAC The Company 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 Tradeview Financial Markets SAC The Company 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 Tradeview Financial Markets SACThe Company, 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 Tradeview Financial Markets SACThe Company’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 Tradeview Financial Markets SAC The Company incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 's accounts carried by Tradeview Financial Markets SACLtd., (d) insufficient margin, or Tradeview Financial Markets SAC’s Ltd's 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 's failure to provide Tradeview Financial Markets SAC Ltd. any information requested pursuant to this agreementAgreement, or (f f) any other circumstances or developments that Tradeview Financial Markets SAC Ltd. deems appropriate for its protection, then, in Tradeview Financial Markets SAC’s Ltd.'s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACLtd., either directly or by way of guaranty of surety, out of any of Client’s 's funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contractsContracts, or any other commitments made on behalf 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 's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client’s 's or held jointly with others. In liquidation of Client’s 's long or short positions, Tradeview Financial Markets SAC Ltd. may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC Ltd. may be advisable to protect or reduce existing positions in a Client’s 's account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’s Ltd's discretion with any inter-bank or other market where wherever such business is then usually transacted or at a public auction or private sale, and Tradeview Financial Markets SAC Ltd. 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 's account(s) upon demand by Tradeview Financial Markets SAC Ltd. and in all cases, Client shall be liable for any deficiency remaining in Client’s 's account(s) in the event of the liquidation thereof in whole or in part by Tradeview Financial Markets SAC Ltd. 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 Tradeview Financial Markets SACLtd., 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 Tradeview Financial Markets SAC’s Ltd.'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 's fees, witness fees and travel expenses. In the event Tradeview Financial Markets SAC Ltd. incurs expenses other than for the collection of deficits, with respect to any of Client’s 's account(s), Client agrees to pay such expenses.

Appears in 1 contract

Samples: www.tvmarkets.com

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 's accounts carried by Tradeview Financial Markets SACParamount, (d) insufficient margin, or Tradeview Financial Markets SAC’s Paramount 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 's failure to provide Tradeview Financial Markets SAC Paramount any information requested pursuant to this agreement, or (f f) any other circumstances or developments that Tradeview Financial Markets SAC Paramount deems appropriate for its protection, then, in Tradeview Financial Markets SAC’s Paramount sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACParamount, either directly or by way of guaranty of surety, out of any of Client’s 's funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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 's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client’s 's or held jointly with others. In liquidation of Client’s 's long or short positions, Tradeview Financial Markets SAC Paramount may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC Paramount may be advisable to protect or reduce existing positions in a Client’s 's account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’s Paramount discretion with any inter-bank or other market where such business is then usually transacted or at a public auction or private sale, and Tradeview Financial Markets SAC Paramount 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 Tradeview Financial Markets SAC Paramount and in all cases, Client shall be liable for any deficiency remaining in Client’s 's account(s) in the event of the liquidation thereof in whole or in part by Tradeview Financial Markets SAC Paramount 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 Tradeview Financial Markets SACParamount, 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 Tradeview Financial Markets SAC’s Paramount 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 's fees, witness fees and travel expenses. In the event Tradeview Financial Markets SAC Paramount incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 1 contract

Samples: Corporate Client Agreement Instructions

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LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SACTRADVIEW LTD, (d) insufficient margin, or Tradeview Financial Markets SACTRADVIEW LTD’s 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 Tradeview Financial Markets SAC TRADVIEW LTD any information requested pursuant to this agreement, or (f ) any other circumstances or developments that Tradeview Financial Markets SAC TRADVIEW LTD deems appropriate for its protection, then, in Tradeview Financial Markets SACTRADVIEW LTD’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACTRADVIEW LTD, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC TRADVIEW LTD may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC TRADVIEW LTD may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SACTRADVIEW LTD’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 Tradeview Financial Markets SAC TRADVIEW LTD 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 Tradeview Financial Markets SAC TRADVIEW LTD 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 Tradeview Financial Markets SAC TRADVIEW LTD 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 Tradeview Financial Markets SACTRADVIEW LTD, 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 Tradeview Financial Markets SACTRADVIEW LTD’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 Tradeview Financial Markets SAC TRADVIEW LTD incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 1 contract

Samples: Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 's accounts carried by Tradeview Financial Markets SACParamount, (d) insufficient margin, or Tradeview Financial Markets SAC’s BMFN's 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 's failure to provide Tradeview Financial Markets SAC Paramount any information requested pursuant to this agreement, or (f f) any other circumstances or developments that Tradeview Financial Markets SAC Paramount deems appropriate for its protection, then, in Tradeview Financial Markets SAC’s BMFN's sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SACParamount, either directly or by way of guaranty of surety, out of any of Client’s 's funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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 's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client’s 's or held jointly with others. In liquidation of Client’s 's long or short positions, Tradeview Financial Markets SAC Paramount may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC Paramount may be advisable to protect or reduce existing positions in a Client’s 's account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’s BMFN'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 Tradeview Financial Markets SAC Paramount 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 Tradeview Financial Markets SAC Paramount and in all cases, Client shall be liable for any deficiency remaining in Client’s 's account(s) in the event of the liquidation thereof in whole or in part by Tradeview Financial Markets SAC Paramount 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 Tradeview Financial Markets SACParamount, 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 Tradeview Financial Markets SACBMFN’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 's fees, witness fees and travel expenses. In the event Tradeview Financial Markets SAC Paramount incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 1 contract

Samples: Individual Client Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. In the event of: (a) the death or judicial declaration an Event of incompetence of Client, Default; (b) the filing of a petition in bankruptcyinsufficient Margin, 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 Tradeview Financial Markets SAC, (d) insufficient margin, or Tradeview Financial Markets SAC’s NatureForex‟s determination that any collateral Collateral deposited to protect one or more accounts of Client Customer‟s Account is inadequate, regardless of current market quotations, to secure the account, (e) Client’s failure to provide Tradeview Financial Markets SAC any information requested pursuant to this agreement, secureCustomer‟s Account; or (f c) any other circumstances or developments that Tradeview Financial Markets SAC NatureForex, in its sole discretion, deems appropriate for its protection, thenNatureForex may, in Tradeview Financial Markets SAC’s its sole discretion, it may take one or more, or any portion ofportion, of the following actions: (i1) satisfy any obligation Client Customer may have to Tradeview Financial Markets SAC, NatureForex (either directly or by way of guaranty of surety, guarantee or suretyship) out of any of Client’s Customer‟s funds or property in its the custody or control, control NatureForex; (ii2) sell or purchase any or all Contracts, Contracts and any securities or other property held or carried for Client, Customer; and (iii3) cancel any or all outstanding orders Orders or contracts, Contracts or any other transactions or commitments made by or on behalf of ClientCustomer. Any of the above actions may be taken without demand for margin Margin or additional marginMargin, without prior notice of sale or purchase or other notice to ClientCustomer, Client’s personal Customer‟s legal representatives, heirs, executorsexecutor, administratorsadministrator, trusteestrustee, legatees legatee, successors or assigns and regardless of whether the ownership interest shall be solely Client’s is held individually or held jointly with others. Any prior demand or notice of sale or purchase shall not be considered a waiver of NatureForex‟s right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Client’s long or short positionsCustomer‟s Long Positions and Short Positions, Tradeview Financial Markets SAC NatureForex may, in its sole discretion, offset in the same settlement or it may initiate new long Long Positions or short positions Short Positions in order to 4 - 8 5 - 8 establish a spread or straddle which that in the NatureForex‟s sole discretion of Tradeview Financial Markets SAC judgment may be advisable to protect or reduce existing positions in a Client’s accountCustomer‟s Account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’s according to NatureForex‟s judgment and in its sole discretion with in any interinterbank, over-bank the-counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and Tradeview Financial Markets SAC NatureForex may purchase the whole or any part thereof free from any right of redemption. Client Customer shall at all times only be liable for the payment of any deficit balance in Client’s account(s) Customer‟s Account upon demand by Tradeview Financial Markets SAC and in all NatureForex where such deficits are the result of a xxxx to market after a weekend or holiday. In such cases, Client Customer shall be liable for any deficiency remaining in Client’s account(s) Customer‟s Account in the event of the liquidation thereof in whole or in part by Tradeview Financial Markets SAC NatureForex or by ClientCustomer. In the event the proceeds realized pursuant to this authorization liquidation are insufficient for the payment of all obligations and liabilities of Client owed Customer due to Tradeview Financial Markets SACNatureForex, Client Customer shall promptly pay upon demanddemand the entire amount of any such deficit, the deficit together with all other deficits and all unpaid liabilities of Customer, including, but not limited to, all costs of enforcement and collection, such as, but not limited to, attorneys‟ fees, witness fees and travel expenses, interest thereon on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate at Tradeview Financial Markets SAC’s NatureForex 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 Tradeview Financial Markets SAC NatureForex incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s)Customer‟s Account, Client Customer agrees to pay such expenses.

Appears in 1 contract

Samples: Nature Forex Ltd. Customer Agreement

LIQUIDATION OF ACCOUNTS / DEFICIT BALANCES. 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 Tradeview Financial Markets SAC, (d) insufficient margin, or Tradeview Financial Markets SAC’s 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 Tradeview Financial Markets SAC any information requested pursuant to this agreement, or (f ) any other circumstances or developments that Tradeview Financial Markets SAC deems appropriate for its protection, then, in Tradeview Financial Markets SAC’s sole discretion, it may take one or more, or any portion of, the following actions: (i) satisfy any obligation Client may have to Tradeview Financial Markets SAC, either directly or by way of guaranty of surety, out of any of Client’s funds or property in its custody or control, (ii) sell or purchase any or all Contracts, securities or property held or carried for Client, and (iii) cancel any or all outstanding orders or contracts, or any other commitments made on behalf 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, Tradeview Financial Markets SAC may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to 4 - 8 5 - 8 establish a spread or straddle which in the sole discretion of Tradeview Financial Markets SAC may be advisable to protect or reduce existing positions in a Client’s account. Any sales or purchases hereunder may be made at Tradeview Financial Markets SAC’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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC 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 Tradeview Financial Markets SAC, 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 Tradeview Financial Markets SAC’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 Tradeview Financial Markets SAC incurs expenses other than for the collection of deficits, with respect to any of Client’s account(s), Client agrees to pay such expenses.

Appears in 1 contract

Samples: Account Client Agreement

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