Common use of Liquidation of Positions and Offsetting Transactions Clause in Contracts

Liquidation of Positions and Offsetting Transactions. IF AT ANY TIME THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE HAS THE RIGHT BUT NOT THE OBLIGATION, IN ITS SOLE DISCRETION, TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS (OR TO ESTABLISH NEW RISK-REDUCING POSITIONS) IN ANY OF T H E CLIENT'S ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALER, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENT. U N L E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E G U L A T I O N , T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE FOR ANY DEFICIENCIES IN THE CLIENT'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY THE CLIENT IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- ESTABLISHES ITS POSITION AT A WORSE PRICE. IBIE may allow the Client to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE and IBIE retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. IBIE may liquidate through any market or dealer, and IBIE or its affiliates may take the other side of the transactions consistent with Applicable Law and regulations. If IBIE liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIE, if any. The Client shall reimburse and hold IBIE harmless for all actions, omissions, costs, fees (including, but not limited to, attorneys' fees), or liabilities associated with any such transaction undertaken by IBIE. If IBIE executes an order for which the Client did not have sufficient equity, IBIE has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profit. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIE's general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIE. Among other things, markets may "gap" down and IBIE may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE to do so. If IBIE does not, for any reason, liquidate under-margined positions, and issues a margin call, the Client must satisfy such call immediately by depositing funds. The Client acknowledges that even if a call is issued, IBIE still may liquidate positions at any time. The Client acknowledges that IBIE also has the right to liquidate all or part of the Client's positions without prior notice upon any "Default" as described below.

Liquidation of Positions and Offsetting Transactions. IF AT ANY TIME THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY BALANCE TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE KERFORD HAS THE RIGHT BUT NOT THE OBLIGATIONRIGHT, IN ITS SOLE DISCRETION, ,TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS (OR TO ESTABLISH NEW RISK-REDUCING POSITIONS) IN ANY OF T H E CLIENT'S ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALERMARKET, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENT. U N L E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E G U L A T I O N UNLESS DIFFERENTLY REQUIRED BY APPLICABLE LOCAL LAW AND REGULATION, T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE KERFORD FOR ANY DEFICIENCIES IN THE CLIENT'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE XXXXXXX HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY THE CLIENT IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- RE-ESTABLISHES ITS POSITION AT A WORSE PRICE. IBIE We may allow the Client you to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE Kerford and IBIE Xxxxxxx retains sole discretion to determine the assets positions to be liquidated and the order/manner of liquidation. IBIE may liquidate through any market or dealer, and IBIE or its affiliates may take the other side of the transactions consistent with Applicable Law and regulations. If IBIE Kerford liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIEKerford, if any. The Client shall reimburse and hold IBIE Xxxxxxx harmless for all actions, omissions, costs, fees (including, but not limited to, attorneys' fees), or liabilities associated with any such transaction undertaken by IBIE. If IBIE executes an order for which the Client did not have sufficient equity, IBIE has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profitXxxxxxx. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIE's Xxxxxxx’x general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIEXxxxxxx. Among other things, markets may "gap" down and IBIE Xxxxxxx may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE Kerford may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE us to do so. If IBIE does we do not, for any reason, liquidate under-margined positions, and issues a margin call, the Client you must satisfy such call immediately by depositing funds. The Client acknowledges You acknowledge that even if a call is issued, IBIE we still may liquidate positions at any time. The Client acknowledges You acknowledge that IBIE Xxxxxxx also has the right to liquidate all or part of the Client's your positions without prior notice upon any "Default" as described belowin clause 9 of this Agreement.

Liquidation of Positions and Offsetting Transactions. IF AT ANY TIME THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE HAS THE RIGHT BUT NOT THE OBLIGATION, IN ITS SOLE DISCRETION, TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS (OR TO ESTABLISH NEW RISK-REDUCING POSITIONS) IN ANY OF T H E CLIENT'S ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALER, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENT. U N L UNL E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E ND RE G U L UL A T I O N N, T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE FOR ANY DEFICIENCIES IN THE CLIENT'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY THE CLIENT IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- ESTABLISHES ITS POSITION AT A WORSE PRICE. IBIE may allow the Client to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE and IBIE retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. IBIE may liquidate through any market or dealer, and IBIE or its affiliates may take the other side of the transactions consistent with Applicable Law and regulations. If IBIE liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIE, if any. The Client shall reimburse and hold IBIE harmless for all actions, omissions, costs, fees (including, but not limited to, attorneys' fees), or liabilities associated with any such transaction undertaken by IBIE. If IBIE executes an order for which the Client did not have sufficient equity, IBIE has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profit. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIE's general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIE. Among other things, markets may "gap" down and IBIE may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE to do so. If IBIE does not, for any reason, liquidate under-margined positions, and issues a margin call, the Client must satisfy such call immediately by depositing funds. The Client acknowledges that even if a call is issued, IBIE still may liquidate positions at any time. The Client acknowledges that IBIE also has the right to liquidate all or part of the Client's positions without prior notice upon any "Default" as described below.

Liquidation of Positions and Offsetting Transactions. IF AT ANY TIME THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE IBLUX HAS THE RIGHT BUT NOT THE OBLIGATION, IN ITS SOLE DISCRETION, TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS (OR TO ESTABLISH NEW RISK-RISK- REDUCING POSITIONS) IN ANY OF T H E CLIENT'S ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALER, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENT. U N L E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E G U L A T I O N , T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE IBLUX FOR ANY DEFICIENCIES IN THE CLIENT'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE IBLUX HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY THE CLIENT IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE IBLUX SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- RE-ESTABLISHES ITS POSITION AT A WORSE PRICE. IBIE IBLUX may allow the Client to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE IBLUX and IBIE IBLUX retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. IBIE IBLUX may liquidate through any market or dealer, and IBIE IBLUX or its affiliates may take the other side of the transactions consistent with Applicable Law applicable laws and regulations. If IBIE IBLUX liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIEIBLUX, if any. The Client shall reimburse and hold IBIE IBLUX harmless for all actions, omissions, costs, fees (including, but not limited to, attorneys' fees), or liabilities associated with any such transaction undertaken by IBIEIBLUX. If IBIE IBLUX executes an order for which the Client did not have sufficient equity, IBIE IBLUX has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profit. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIEIBLUX's general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIEIBLUX. Among other things, markets may "gap" down and IBIE IBLUX may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE IBLUX may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE IBLUX to do so. If IBIE IBLUX does not, for any reason, liquidate under-margined positions, and issues a margin call, the Client must satisfy such call immediately by depositing funds. The Client acknowledges that even if a call is issued, IBIE IBLUX still may liquidate positions at any time. The Client acknowledges that IBIE IBLUX also has the right to liquidate all or part of the Client's positions without prior notice upon any "Default" as described below.

Liquidation of Positions and Offsetting Transactions. IF 1. IN THE EVENT THAT THE CONSOLIDATED ACCOUNT HAS ZERO EQUITY OR IS IN DEFICIT AT ANY TIME TIME, OR THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY DOES NOT HAVE A SUFFICIENT ACCOUNT BALANCE TO MEET MARGIN REQUIREMENTS REQUIREMENTS, OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE HAS IF THE RIGHT BUT NOT ACCOUNT EXCEEDS LEVERAGE LIMITS OR POSITION SIZE LIMITS INTERACTIVE SHALL HAVE THE OBLIGATIONRIGHT, IN ITS SOLE DISCRETION, BUT NOT THE OBLIGATION, TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS IN ANY ACCOUNTS (OR TO ESTABLISH NEW ADD RISK-REDUCING POSITIONS) IN OF ANY OF T H E CLIENT'S KIND HELD BY INTRODUCING BROKER WITH INTERACTIVE, WHETHER SUCH ACCOUNTS ARE CONSOLIDATED ACCOUNTS, INDIVIDUAL FULLY DISCLOSED ACCOUNTS, OR JOINTINTRODUCING BROKER’S PROPRIETARY ACCOUNTS, AT ANY TIME AND IN ANY SUCH MANNER AND THROUGH IN ANY MARKET OR DEALERAS INTERACTIVE DEEMS NECESSARY, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENTINTRODUCING BROKER. U N L E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E G U L A T I O N INTRODUCING BROKER AGREES TO BE RESPONSIBLE FOR, T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE FOR TO INTERACTIVE, ANY DEFICIENCIES IN THE CLIENT'S ANY ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE HAS NO INTERACTIVE WILL NOT HAVE ANY LIABILITY TO INTRODUCING BROKER FOR ANY LOSS LOSSES OR DAMAGES SUSTAINED BY THE CLIENT INTRODUCING BROKER IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE INTERACTIVE SYSTEM DELAYS EXPERIENCES A DELAY IN EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- INTRODUCING BROKER SUBSEQUENTLY RE-ESTABLISHES ITS POSITION POSITIONS AT A WORSE LESS FAVORABLE PRICE. IBIE may allow the Client to pre-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE and IBIE retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. IBIE may liquidate through any market or dealer, and IBIE or its affiliates may take the other side of the transactions consistent with Applicable Law and regulations. If IBIE liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIE, if any. The Client shall reimburse and hold IBIE harmless for all actions, omissions, costs, fees (including, but not limited to, attorneys' fees), or liabilities associated with any such transaction undertaken by IBIE. If IBIE executes an order for which the Client did not have sufficient equity, IBIE has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profit. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIE's general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIE. Among other things, markets may "gap" down and IBIE may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE to do so. If IBIE does not, for any reason, liquidate under-margined positions, and issues a margin call, the Client must satisfy such call immediately by depositing funds. The Client acknowledges that even if a call is issued, IBIE still may liquidate positions at any time. The Client acknowledges that IBIE also has the right to liquidate all or part of the Client's positions without prior notice upon any "Default" as described below.

Liquidation of Positions and Offsetting Transactions. IF AT ANY TIME THE CLIENT'S ACCOUNT HAS INSUFFICIENT EQUITY TO MEET MARGIN REQUIREMENTS OR IS IN DEFICIT, INCLUDING INTRA-DAY, IBIE IB UK HAS THE RIGHT BUT NOT THE OBLIGATIONRIGHT, IN ITS SOLE DISCRETION, TO LIQUIDATE ALL OR ANY PART OF THE CLIENT'S POSITIONS (OR TO ESTABLISH NEW RISK-RISK- REDUCING POSITIONS) IN ANY OF T H E CLIENT'S ACCOUNTS, INDIVIDUAL OR JOINT, AT ANY TIME AND IN ANY MANNER AND THROUGH ANY MARKET OR DEALER, WITHOUT PRIOR NOTICE OR MARGIN CALL TO THE CLIENT. U N L E S S D I F F E R E N T L Y R E Q U I R E D B Y A P P L I C A B L E L O C A L L A W A N D R E G U L A T I O N , T H E CLIENT SHALL BE LIABLE AND WILL PROMPTLY PAY IBIE IB UK FOR ANY DEFICIENCIES IN THE CLIENT'S ACCOUNT THAT ARISE FROM SUCH LIQUIDATION OR REMAIN AFTER SUCH LIQUIDATION. IBIE IB UK HAS NO LIABILITY FOR ANY LOSS SUSTAINED BY THE CLIENT IN CONNECTION WITH SUCH LIQUIDATIONS (OR IF THE IBIE IB UK SYSTEM DELAYS EFFECTING, OR DOES NOT EFFECT, SUCH LIQUIDATIONS) EVEN IF THE CLIENT RE- RE-ESTABLISHES ITS POSITION AT A WORSE PRICE. IBIE may allow the Client to preFURTHER, UNDER SECTION 19 BELOW -- "CROSS-request the order of liquidation in event of a margin deficiency, but such requests are not binding on IBIE and IBIE retains sole discretion to determine the assets to be liquidated and the order/manner of liquidation. IBIE may liquidate through any market or dealer, and IBIE or its affiliates may take the other side of the transactions consistent with Applicable Law and regulations. If IBIE liquidates any/all positions in the Client's account, such liquidation shall establish the Client's gain/loss and remaining indebtedness to IBIE, if any. The Client shall reimburse and hold IBIE harmless for all actions, omissions, costs, fees COLLATERAL AGREEMENT AND AUTOMATIC TRANSFER AUTHORISATION COVERING CLIENTS WITH IB UK AND IB LLC ACCOUNTS" -- IF YOU MAINTAIN ACCOUNTS AT BOTH IB LLC AND IB UK AND YOU INCUR AN UNPAID MARGIN DEFICIT OR UNPAID DEBT IN YOUR ACCOUNT WITH IB LLC (including, but not limited to, attorneys' feesOR IB UK), or liabilities associated with any such transaction undertaken by IBIE. If IBIE executes an order for which the Client did not have sufficient equity, IBIE has the right, without notice, to liquidate the trade and the Client shall be responsible for any resulting loss and shall not be entitled to any resulting profit. Unless a specific law in your jurisdiction requires otherwise, you cannot assume that IBIE's general policy to liquidate positions with a margin deficiency will prevent you from losing more than you have deposited with IBIE. Among other things, markets may "gap" down and IBIE may not be able to close out a position at a price that would avoid losses greater than your margin deposit. Likewise, IBIE may in its discretion delay or decide not to liquidate a position with a margin deficit. If you wish to avoid further losses on any position, you must close out the position yourself and not rely on IBIE to do so. If IBIE does not, for any reason, liquidate under-margined positions, and issues a margin call, the Client must satisfy such call immediately by depositing funds. The Client acknowledges that even if a call is issued, IBIE still may liquidate positions at any time. The Client acknowledges that IBIE also has the right to liquidate all or part of the Client's positions without prior notice upon any "Default" as described belowYOUR POSITIONS AT IB UK (OR IB LLC) MAY BE LIQUIDATED WITHOUT NOTICE TO COVER SUCH DEFICIT OR DEBT.