Common use of LIQUIDATION OF ACCOUNTS Clause in Contracts

LIQUIDATION OF ACCOUNTS. In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety ship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.

Appears in 6 contracts

Samples: Account Agreement, Corporate Account Agreement, Account Agreement

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LIQUIDATION OF ACCOUNTS. CC 6 In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety ship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.

Appears in 4 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

LIQUIDATION OF ACCOUNTS. DEFICIT BALANCES. In the event of: (a) the death or judicial declaration an Event of incompetency of CustomerDefault; (b) the filing of a petition in bankruptcyinsufficient Margin, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the CustomerSalma Markets’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral Collateral deposited to protect one or more accounts of customer Customer’s Account is inadequate, regardless of current market quotations, to secure the accountCustomer’s Account; or (ec) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protectionSalma Markets, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to deems appropriate for its protection, Salma Markets may, in its sole discretion, take one or more of more, or any portion portion, of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, Salma Markets (either directly or by way of guaranty guarantee or surety ship, suretyship) out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, Salma Markets; (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, Contracts and any securities or securities other property held or carried as short position for Customer; and (3) cancel any or all outstanding orders, Orders or Contracts or any other transactions or commitments made by or on behalf of Customer. 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 or advertisement to Customer, his personal Customer’s legal representatives, heirs, executorsexecutor, administratorsadministrator, legateestrustee, legatee, successors or assigns, assigns and regardless of whether the ownership interest shall be solely Customer’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 Salma Markets’s right to sell or buy at any time in the future without demand or notice as provided above. In liquidating liquidation of Customer’s long or short positionLong Positions and Short Positions, XxxxxxxxxxSalma Markets may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long Long Positions or short positions Short Positions in order to establish a spread or straddle which that in Xxxxxxxxxx’x Salma Markets’s sole judgment may be necessary or advisable to protect or reduce existing positions in Customer’s accountAccount. Any sales or purchases may be made according to Salma Markets’s judgment and in its sole discretion in any interbank, including over-the-counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and Salma Markets may purchase the whole or any part thereof free from any right of redemption. Customer shall only be liable for the payment of any deficit balance in Customer’s Account upon demand by means Salma Markets where such deficits are the result of an EFPa xxxx to market after a weekend or holiday. In such cases, EFSCustomer shall be liable for any deficiency remaining in Customer’s Account in the event of the liquidation thereof in whole or in part by Salma Markets or by Customer. In the event the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to Salma Markets, EFOCustomer shall promptly pay upon demand the entire amount of any such 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 on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate at Salma Markets principal bank or EFR or similar transactionthe maximum interest rate allowed by law, whichever is lower. In the event Salma Markets incurs expenses other than for the collection of deficits, with respect to Customer’s Account, Customer agrees to pay such expenses.

Appears in 1 contract

Samples: Salma Markets Customer Online Agreement

LIQUIDATION OF ACCOUNTS. DEFICIT BALANCES. In the event of: (a) the death or judicial declaration an Event of incompetency of CustomerDefault; (b) the filing of a petition in bankruptcyinsufficient Margin, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the CustomerSalma Markets’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral Collateral deposited to protect one or more accounts of customer Customer’s Account is inadequate, regardless of current market quotations, to secure the accountCustomer’s Account; or (ec) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protectionSalma Markets, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to deems appropriate for its protection, Salma Markets may, in its sole discretion, take one or more of more, or any portion portion, of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, Salma Markets (either directly or by way of guaranty guarantee or surety ship, suretyship) out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, Salma Markets; (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, Contracts and any securities or securities other property held or carried as short position for Customer; and (3) cancel any or all outstanding orders, Orders or Contracts or any other transactions or commitments made by or on behalf of Customer. 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 or advertisement to Customer, his personal Customer’s legal representatives, heirs, executorsexecutor, administratorsadministrator, legateestrustee, legatee, successors or assigns, assigns and regardless of whether the ownership interest shall be solely Customer’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 Salma Markets’s right to sell or buy at any time in the future without demand or notice as provided above. In liquidating liquidation of Customer’s long or short positionLong Positions and Short Positions, XxxxxxxxxxSalma Markets may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long Long Positions or short positions Short Positions in order to establish a spread or straddle which that in Xxxxxxxxxx’x Salma Markets’s sole judgment may be necessary or advisable to protect or reduce existing positions in Customer’s accountAccount. Any sales or purchases may be made according to Salma Markets’s judgment and in its sole discretion in any interbank, including over-the-counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and Salma Markets may purchase the whole or any part thereof free from any right of redemption. Customer shall only be liable for the payment of any deficit balance in Customer’s Account upon demand by means Salma Markets where such deficits are the result of an EFPa mark to market after a weekend or holiday. In such cases, EFSCustomer shall be liable for any deficiency remaining in Customer’s Account in the event of the liquidation thereof in whole or in part by Salma Markets or by Customer. In the event the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to Salma Markets, EFOCustomer shall promptly pay upon demand the entire amount of any such 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 on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate at Salma Markets principal bank or EFR or similar transactionthe maximum interest rate allowed by law, whichever is lower. In the event Salma Markets incurs expenses other than for the collection of deficits, with respect to Customer’s Account, Customer agrees to pay such expenses.

Appears in 1 contract

Samples: Salma Markets Customer Online Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of Customer; (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 Customer; (c) the filing of an attachment against any of the Customer’s account Customers Accounts carried by XxxxxxxxxxPFG; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionCustomers failure to maintain sufficient margin; or (e) PFGs determination, or Xxxxxxxxxx’x determination regardless of current market quotations, that any collateral deposited to protect one or more accounts of customer Customer is inadequate, regardless of current market quotations, inadequate to secure the account; (f) Customers failure to provide PFG any information requested pursuant to this Agreement; (g) Customers failure to pay any amount due to PFG; or (eh) any other circumstances or developments that Xxxxxxxxxx PFG deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorizedPFG, according to its judgment and in its sole discretion, to may take one or more of more, or any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, PFG either directly or by way of guaranty or surety ship, suretyship out of any of Customer’s Customers funds or property in the PFGs custody or control of Xxxxxxxxxx, control; (2) sell liquidate Customers positions by offsetting any or all commodity futures contracts, futures options, commodities, securities, or securities options held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; and/or (3) cancel any or all outstanding ordersorders or contracts, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his Customers personal representatives, heirs, executors, administrators, trustees, legatees, or assigns, and regardless of whether the ownership interest shall be solely Customer’s Customers or held jointly with others. In liquidating Customer’s long or short positionliquidation of Customers positions, XxxxxxxxxxPFG may, in its sole discretion, may sell or purchase offset in the same contract month or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x PFGs sole judgment may be necessary or advisable to protect or reduce existing positions in Customer’s accountCustomers Account. According to PFGs sole judgment and discretion, including by means any sales or purchases hereunder may be made on any exchange or other markets where such business is then usually transacted or at a public auction or private sale, and PFG may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, or EFR or similar transactionredemption.

Appears in 1 contract

Samples: Agreement

LIQUIDATION OF ACCOUNTS. CC 7 In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety ship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.

Appears in 1 contract

Samples: Account Agreement

LIQUIDATION OF ACCOUNTS. In the event of: (a) the death or judicial declaration of incompetency of Customerthe Client; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, by or against the Client; (c) the filing of an attachment against any of the CustomerClient’s account Accounts carried by XxxxxxxxxxQuestrade; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionMargin, or Xxxxxxxxxx’x Questrade’s determination that any collateral deposited to protect one or more accounts Accounts of customer the Client is inadequate, regardless of current market quotations, to secure the account; Account, or (e) any other circumstances or developments that Xxxxxxxxxx Questrade deems to require action necessary for its protection, Xxxxxxxxxx Questrade is hereby authorized, according to its judgment and in its sole discretion, to take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer the Client may have to XxxxxxxxxxQuestrade, either directly or by way of guaranty or surety shipof suretyship, out of any of Customerthe Client’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or all futures Futures contracts, commodities, or securities Securities held or carried for Customer the Client or to purchase any or all futures Futures contracts, commodities, commodities or securities held or Securities carried as a short position for Customerthe Client; and (3) cancel any or all outstanding ordersorders or contracts, Contracts or any other commitments made on behalf of Customerthe Client. 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 or advertisement notification to Customerthe Client, his personal representatives, heirs, executors, administrators, legatees, or assigns, ; and regardless of whether the ownership interest interests shall be solely Customerthe Client’s or held jointly with others. In liquidating Customerthe Client’s long or short position, Xxxxxxxxxx, Questrade in its sole discretion, discretion may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x Questrade’s judgment which may be necessary or advisable to protect existing positions in Customerthe Client’s accountAccount. Any sales or purchases hereunder may be made according to Xxxxxxxxx’s judgment and at its discretion on any exchange or other markets where such business is then usually transacted or at public auction or at private sale, and Questrade may purchase the whole or any part thereof free from any right of redemption. It is understood that, in all cases, a prior demand, or call, or prior notice of the time and place of a sale or purchase shall not be considered a waiver of Questrade’s right to sell or buy without demand our notice as herein provided. The Client shall at all times be liable for the payment of any debit balance of the Client upon demand by Questrade, and in all cases, the Client shall be liable for any deficiency remaining in the Client’s Account(s) in the event of the liquidation thereof in whole or in part by Questrade or by the Client. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all the liabilities of the Client due to Questrade, the Client shall promptly pay, upon demand, the deficit and all unpaid liabilities, together with interest thereon and all costs of collection including reasonable attorneys’ fees. In the event Questrade incurs expenses, including by means legal fees, with respect to any Account of an EFPthe Client, EFS, EFO, or EFR or similar transactionthe Client agrees to be liable thereof.

Appears in 1 contract

Samples: Declaration and Agreement

LIQUIDATION OF ACCOUNTS. In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety shipsuretyship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.

Appears in 1 contract

Samples: Account Agreement

LIQUIDATION OF ACCOUNTS. CC 6 In the event of: (a) the death or judicial declaration of incompetency of Customer; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver; (c) the filing of an attachment against any of the Customer’s account carried by Xxxxxxxxxx; (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretion, or Xxxxxxxxxx’x determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account; or (e) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its sole discretion, to take one or more of any portion of the following actions: (1) satisfy any obligation Customer may have to Xxxxxxxxxx, either directly or by way of guaranty or surety shipsuretyship, out of any of Customer’s funds or property in the custody or control of Xxxxxxxxxx, (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for Customer; (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of Customer. 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 or advertisement to Customer, his personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether ownership interest shall be solely Customer’s or held jointly with others. In liquidating Customer’s long or short position, Xxxxxxxxxx, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x judgment may be necessary or advisable to protect existing positions in Customer’s account, including by means of an EFP, EFS, EFO, or EFR or similar transaction.

Appears in 1 contract

Samples: Account Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerClient; (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 the CustomerClient’s account Accounts carried by Xxxxxxxxxx; Questrade, (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionMargin, or Xxxxxxxxxx’x Questrade’s determination that any collateral deposited to protect one or more accounts Accounts of customer Client is inadequate, regardless of current market quotations, to secure the accountAccount; (e) Client’s failure to provide Questrade any information requested pursuant to this Agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx Questrade deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its Questrade’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Client may have to XxxxxxxxxxQuestrade, either directly or by way of guaranty or surety shipof suretyship, out of any of CustomerClient’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures currency contracts, commodities, or securities Securities held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerClient; and (3) cancel any or all outstanding ordersorders or contracts, Contracts or any other commitments made on behalf of CustomerClient. 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 or advertisement to CustomerClient, his Client’s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerClient’s or held jointly with others. In liquidating Customerliquidation of Client’s long or short positionpositions, XxxxxxxxxxQuestrade may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x Questrade’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerClient’s accountAccount. Any sales or purchases hereunder may be made according to Xxxxxxxxx’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including and Questrade may purchase the whole or any part thereof free from any right of redemption. SETTLEMENT DATE OFFSET INSTRUCTIONS Offset instructions on currency positions open prior to settlement arriving at settlement date must be given to Questrade at least one (1) business day prior to the settlement or value day. Alternatively, sufficient funds to take delivery or the necessary delivery documents must be in the possession of Questrade within the same period described above. If neither instructions, funds nor documents are received, Questrade may without notice, either offset Client’s position or roll Client’s positions into the next settlement time period or make or receive delivery on behalf of Client upon such terms and by means of an EFP, EFS, EFO, or EFR or similar transactionsuch methods deemed reasonable by Questrade in its sole discretion.

Appears in 1 contract

Samples: Declaration and Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerTrader; (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 Trader; (c) the filing of an attachment against any of the CustomerTrader’s account accounts carried by Xxxxxxxxxx; ECC , (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionmargin, or Xxxxxxxxxx’x ECC ’s determination that any collateral deposited to protect one or more accounts of customer Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide ECC any information requested pursuant to this agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx ECC deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its ECC ’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Trader may have to XxxxxxxxxxECC , either directly or by way of guaranty or surety shipof suretyship, out of any of CustomerTrader’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures contracts, commodities, or securities Spot currency positions held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerTrader; and (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of CustomerTrader. 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 or advertisement to CustomerTrader, his Trader’s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerTrader’s or held jointly with others. In liquidating Customerliquidation of Trader’s long or short positionpositions, XxxxxxxxxxECC may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x ECC ’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerTrader’s account. Any sales or purchases hereunder may be made according to ECC ’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including by means and ECC may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, or EFR or similar transactionredemption. Trader will not be responsible for debit balances directly resulting from trading activity.

Appears in 1 contract

Samples: Client Agreement

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LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerTrader; (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 Trader; (c) the filing of an attachment against any of the CustomerTrader’s account accounts carried by Xxxxxxxxxx; XXXXX, (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionmargin, or Xxxxxxxxxx’x TIUSD’s determination that any collateral deposited to protect one or more accounts of customer Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide TIUSD any information requested pursuant to this agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx TIUSD deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its TIUSD’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Trader may have to XxxxxxxxxxTIUSD, either directly or by way of guaranty or surety shipof suretyship, out of any of CustomerTrader’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures contracts, commodities, or securities Spot currency positions held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerTrader; and (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of CustomerTrader. 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 or advertisement to CustomerTrader, his Trader’s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerTrader’s or held jointly with others. In liquidating Customerliquidation of Trader’s long or short positionpositions, XxxxxxxxxxTIUSD may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x TIUSD’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerTrader’s account. Any sales or purchases hereunder may be made according to XXXXX’x judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including by means and TIUSD may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, or EFR or similar transactionredemption. Trader will not be responsible for debit balances directly resulting from trading activity.

Appears in 1 contract

Samples: Client Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerTrader; (b) the filing 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 Trader; (c) the filing filing of an attachment against any of the CustomerTrader’s account accounts carried by Xxxxxxxxxx; LVM LTD, (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretioninsufficient margin, or Xxxxxxxxxx’x LVM LTD’s determination that any collateral deposited to protect one or more accounts of customer Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide LVM LTD any information requested pursuant to this Client Agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx LVM LTD deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its LVM LTD’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Trader may have to XxxxxxxxxxLVM LTD, either directly or by way of guaranty or of surety ship, out of any of CustomerTrader’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures contracts, commodities, or securities Spot currency positions held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerTrader; and (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of CustomerTrader. 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 or advertisement to CustomerTrader, his Trader’s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerTrader’s or held jointly with others. Trader acknowledges that LVM LTD is not liable for any damages as a result of taking any action set forth above including without limitation if such action is inconsistent with Trader’s trading strategy. In liquidating Customerliquidation of Trader’s long or short positionpositions, XxxxxxxxxxLVM LTD may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x LVM LTD’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerTrader’s account. Any sales or purchases hereunder may be made according to LVM LTD’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including by means and LVM LTD may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, redemption. Traders shall at all times be liable to LVM LTD for any negative balance or EFR or similar transactiondebit balance in Trader’s account(s).

Appears in 1 contract

Samples: Client Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerTrader; (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 Trader; (c) the filing of an attachment against any of the CustomerTrader’s account accounts carried by Xxxxxxxxxx; FXAMN , (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionmargin, or Xxxxxxxxxx’x FXAMN ’s determination that any collateral deposited to protect one or more accounts of customer Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide FXAMN any information requested pursuant to this agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx FXAMN deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its FXAMN ’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Trader may have to XxxxxxxxxxFXAMN , either directly or by way of guaranty or surety shipof suretyship, out of any of CustomerTrader’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures contracts, commodities, or securities Spot currency positions held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerTrader; and (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of CustomerTrader. 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 or advertisement to CustomerTrader, his Trader’s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerTrader’s or held jointly with others. In liquidating Customerliquidation of Trader’s long or short positionpositions, XxxxxxxxxxFXAMN may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x FXAMN ’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerTrader’s account. Any sales or purchases hereunder may be made according to FXAMN ’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including by means and FXAMN may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, or EFR or similar transactionredemption. Trader will not be responsible for debit balances directly resulting from trading activity.

Appears in 1 contract

Samples: Client Agreement

LIQUIDATION OF ACCOUNTS. In the event of: (a) the death or judicial declaration of incompetency of Customeryou; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, by or against you; (c) the filing of an attachment against any of the Customer’s account Account carried by XxxxxxxxxxXxxxxxx Capital; (d) insufficient margin Margin as determined by Xxxxxxxxxx Xxxxxxx Capital’ in its sole discretion, or Xxxxxxxxxx’x Xxxxxxx Capital’ determination that any collateral Collateral deposited to protect one or more accounts of customer your Accounts is inadequate, regardless of current market quotationsquotations or conditions, to secure the accountAccount; (e) your failure to provide us with any information requested pursuant to this Agreement; (f) your failure to pay any amount due to us; (g) your repudiation, breach or anticipatory breach of any provision of this Agreement; or (eh) any other circumstances circumstance or developments development that Xxxxxxxxxx Xxxxxxx Capital deems to require action necessary or appropriate for its protection, Xxxxxxxxxx Xxxxxxx Capital is hereby authorized, according to its judgment and in its sole discretion, to take one or more of or any portion of the following actions: (1i) satisfy any obligation Customer you may have to XxxxxxxxxxXxxxxxx Capital, either directly or by way of guaranty or surety shipsuretyship, out of any of Customer’s funds your funds, property, Margin or property Collateral in the custody or control of Xxxxxxxxxx, Xxxxxxx Capital; (2ii) sell any or all futures contractsContracts, commodities, Collateral or securities held or carried for Customer you or purchase any or all futures contractsContracts, commodities, Collateral or securities held or carried as a short position for Customeryou; (3iii) cancel any or all outstanding orders, Contracts Contracts, or any other commitments made on behalf of Customeryou; (iv) accelerate and treat any or all of your obligations due to Xxxxxxx Capital as immediately due and payable; and (v) terminate any or all of Xxxxxxx Capital’ obligations for future performance to you. 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 or advertisement to Customeryou, his your personal representatives, heirs, executors, administrators, legatees, or assigns, and regardless of whether the ownership interest shall be solely Customer’s or held jointly with othersyour ownership interest. In liquidating Customer’s your long or short position, XxxxxxxxxxXxxxxxx Capital, in its sole discretion, may (but is not obligated to) sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x Xxxxxxx Capital’ judgment may be necessary or advisable to protect existing positions in Customer’s accountyour Account. Any sales or purchases hereunder may be made according to Xxxxxxx Capital’ sole judgment and in its discretion on any Market. It is understood that, in all cases, a prior demand, call, or notice of the time and place of a sale or purchase shall not be considered a waiver of Xxxxxxx Capital’ right to sell or buy without demand or notices herein provided. You shall at all times be liable for the payment of any debit balance upon demand by Xxxxxxx Capital, and shall be liable for any deficiency remaining in your Account in the event of the liquidation thereof in whole or in part by Xxxxxxx Capital or by you. In addition, Xxxxxxx Capital shall have the right to set-off and apply any amount owing from us to you against any indebtedness in your Account, whether matured or unmatured. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of you due to Xxxxxxx Capital, you promptly shall pay, upon demand, the deficit and all unpaid liabilities, together with interest thereon and all costs of collection including reasonable attorneys’ fees. You agree to pay all expenses, including attorneys’ fees, incurred by means of an EFP, EFS, EFO, Xxxxxxx Capital to collect any debit balances in your Account or EFR or similar transactionto defend any unsuccessful claim you may bring against Xxxxxxx Capital.

Appears in 1 contract

Samples: Customer Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency incompetence of CustomerTrader; (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 Trader; (c) the filing of an attachment against any of the CustomerTrader’s account accounts carried by Xxxxxxxxxx; FXTIS , (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionmargin, or Xxxxxxxxxx’x FXTIS ’s determination that any collateral deposited to protect one or more accounts of customer Trader is inadequate, regardless of current market quotations, to secure the account; (e) Trader’s failure to provide FXTIS any information requested pursuant to this agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx FXTIS deems to require action necessary appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its FXTIS ’s sole discretion, to it may take one or more of more, or any portion of of, the following actions: (1) satisfy any obligation Customer Trader may have to XxxxxxxxxxFXTIS , either directly or by way of guaranty or surety shipof suretyship, out of any of CustomerTrader’s funds or property in the its custody or control of Xxxxxxxxxx, control; (2) sell any or purchase any or all futures contracts, commodities, or securities Spot currency positions held or carried for Customer or purchase any or all futures contracts, commodities, or securities held or carried as short position for CustomerTrader; and (3) cancel any or all outstanding orders, Contracts or any other commitments made on behalf of CustomerTrader. 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 or advertisement to CustomerTrader, his Trader’ s personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely CustomerTrader’s or held jointly with others. In liquidating Customerliquidation of Trader’s long or short positionpositions, XxxxxxxxxxFXTIS may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x FXTIS ’s sole judgment may be necessary or advisable to protect or reduce existing positions in CustomerTrader’s account. Any sales or purchases hereunder may be made according to XXXXX ’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, including by means and FXTIS may purchase the whole or any part thereof free from any right of an EFP, EFS, EFO, or EFR or similar transactionredemption. Trader will not be responsible for debit balances directly resulting from trading activity.

Appears in 1 contract

Samples: Client Agreement

LIQUIDATION OF ACCOUNTS. In the event of: of (a) the death or judicial declaration of incompetency of incompetence by the Customer; (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 the Customer; (c) the filing of an attachment against any of the Customer’s account 's accounts carried by Xxxxxxxxxx; FXOpen, (d) insufficient margin as determined by Xxxxxxxxxx in its sole discretionmargin, or Xxxxxxxxxx’x FXOpen’s determination that any collateral deposited to protect one or more accounts of customer the Customer is inadequate, regardless of current market quotations, to secure the account; (e) the Customer's failure to provide FXOpen any information requested pursuant to this agreement; or (ef) any other circumstances or developments that Xxxxxxxxxx deems to require action necessary FXOpen may deem appropriate for its protection, Xxxxxxxxxx is hereby authorized, according to its judgment and in its FXOpen’s sole discretion, to it may take one or more of more, or any portion of the following actions: (1) satisfy any obligation the Customer may have to XxxxxxxxxxFXOpen, either directly or by way of guaranty or surety ship, out of guarantee with any of the Customer’s 's funds or property in its custody or control or in the custody or control of Xxxxxxxxxx, any FXOpen affiliate; (2) sell any or all futures contracts, commodities, or securities held or carried for Customer or purchase any or all futures FX contracts, commodities, securities or securities other property held or carried as short position for the Customer; (3) cancel any or all outstanding ordersorders or contracts, Contracts or any other commitments made on behalf of with the Customer. 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 or advertisement to the Customer, his the Customer's personal representatives, heirs, executors, administrators, legateestrustees, legatees or assigns, assigns and regardless of whether the ownership interest shall be solely the Customer’s 's or held jointly with others. In liquidating the liquidation of the Customer’s 's long or short positionpositions, XxxxxxxxxxFXOpen may, in its sole discretion, may sell or purchase offset in the same contract month settlement or it may initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x FXOpen’s sole judgment may be necessary or advisable to protect or reduce existing positions in the Customer's account. Any sales or purchases hereunder may be made according to FXOpen’s accountjudgment and at its sole discretion. FXOpen does not provide services for the persons who reside in the USA, including its territories or possessions and in the countries identified by means the FATF as high risk and non-cooperative jurisdictions due to adequate AML controls. FXOpen does not accept transfers to/from the accounts held in the banks and/or other payments institutions incorporated in the USA, its territories or possessions or in the Countries identified by the FATF as high risk and non-cooperative jurisdictions due to adequate AML controls. In case FXOpen knows or suspects or has reasonable grounds to know or suspect that the Customer became a resident of an EFPthe USA, EFS, EFOits territories or possessions, or EFR or similar transactionin the countries identified by the FATF as high risk and non-cooperative jurisdictions due to adequate AML controls FXOpen will immediately close all outstanding positions and block the accounts in question.

Appears in 1 contract

Samples: Customer Agreement

LIQUIDATION OF ACCOUNTS. In the event of: AAI receives notice of Client’s (a) the death or judicial declaration of incompetency of Customer; incompetency, (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 or its parent company, (c) the filing of an attachment against any of the CustomerClient’s account accounts carried by Xxxxxxxxxx; AAI, (d) insufficient margin, failure to deposit funds in a timely manner or maintain margin as determined by Xxxxxxxxxx in its sole discretionor any amount hereunder, or Xxxxxxxxxx’x AAI’s determination that any collateral deposited to protect one or more accounts of customer Client is inadequate, regardless of current market quotations, to secure the account; , or (e) any other circumstances or developments that Xxxxxxxxxx deems to require AAI reasonably believes warrants action necessary be taken for its protection, Xxxxxxxxxx AAI is hereby authorized, but is not required, according to its judgment judgment, and in its sole discretion, to take one or more of or any portion of the following actions: (1) to satisfy any obligation Customer Client may have to XxxxxxxxxxAAI, either directly or by way of guaranty guarantee or surety shipsuretyship, out of any of CustomerClient’s funds or property in the custody or control of XxxxxxxxxxAAI, (2) to sell any or all futures contracts, commodities, or securities held or carried for Customer Client or to purchase any or all futures contracts, commodities, commodities or securities held or carried as a short position for Customer; Client, and (3) to cancel any or all outstanding ordersorders or contracts, Contracts or any other commitments made on behalf of CustomerClient. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or sale, purchase or other notice or advertisement to CustomerClient, his personal representatives, heirs, executors, administrators, legateesits successors, or assigns, and regardless of whether the ownership interest interests shall be solely Customer’s Client s or held jointly with others. In liquidating CustomerClient’s long or short position, Xxxxxxxxxxposition AAI may, in its sole discretion, may sell or purchase in the same contract month or initiate new long or short positions in order to establish a spread or straddle which in Xxxxxxxxxx’x AAI’s judgment may be necessary warranted or advisable may accomplish such liquidation in an exchange for physical transaction on the Clients behalf, in AAI’s discretion, in connection with the prompt liquidation of Client’s account or any part thereof. Any sales or purchases hereunder may be made according to protect existing positions AXX’s judgment, and in Customerits discretion, on any exchange or other markets where such business is then usually transacted, or at public auction or at private sale, and AAI may purchase the whole or any part thereof free from any right of redemption. It is understood that, in all cases, a prior demand or call, or prior notice of the time and place of a sale or purchase shall not be considered a waiver of AAI’s accountright to sell or buy without demand or notice as herein provided. Client shall at all times be liable for the payment of any debit balance upon demand by AAI, 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 AAI or by Client. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all the liabilities of Client due to AAI, Client shall promptly pay, upon demand, the deficit and all unpaid liabilities, together with interest thereon and all costs of collection including reasonable attorney’s fees. In the event AAI incurs expenses, including by means legal fees with respect to any of an EFPthe account(s) of Client, EFSthat in any way relate to this Agreement or AAI’s transactions with Client, EFO, or EFR or similar transactionClient agrees to be liable thereof.

Appears in 1 contract

Samples: Client Agreement (Campbell Fund Trust)

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