Common use of Rights on Default Clause in Contracts

Rights on Default. 81.1 Upon the existence of an Event of Default, we shall, at our sole discretion, without prejudice to any other rights we may have under this Agreement, be entitled to: (a) sell or charge in any way any or all of your Funds which may from time to time be in our possession or control of or call on any guarantee; (b) close out, replace or reverse any Transaction entered into by you; (c) require you immediately to close out and settle such Transactions in such manner as we may, at our sole discretion request; (d) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a Transaction; (e) invoice back all or part of any funds standing to the debit or credit of any of your Accounts; (f) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (g) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. 81.2 You hereby authorize us to take all or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 If we exercise our rights to sell any of your Securities or property pursuant to this Clause, we will effect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner as we may determine at our sole discretion. 81.5 Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law or otherwise). 81.6 Where termination and liquidation occurs in accordance with this clause, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other transactions entered into between us, which are then outstanding.

Rights on Default. 81.1 Upon the existence of an Event of Default, we shall, at our sole discretion, without prejudice to any other rights we may have under this Agreement, be entitled to: (a) sell or charge in any way any or all of your Funds Security, Assets and property which may from time to time be in our possession or control of or call on any guarantee; (b) purchase any Security, investment or other property where this is, or is in our reasonable opinion likely to be, necessary in order for us to fulfil our or your obligations under any Transaction and/or Contract; in this case you shall reimburse to us the full amount of the purchase price plus any associated costs and expenses; (c) close out, replace or reverse any Transaction entered and/or Contract, buy, sell, borrow or lend or enter into by youany other Transaction and/or Contract, or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any of your Transactions, Contracts, positions or commitments, deliver any Security investment or property to any third party, or otherwise take any action we considers being necessary or desirable in order to close out any Transaction and/or Contract; (cd) require you immediately to close out and settle such Transactions and/or Contracts in such manner as we may, at our sole discretion request; (de) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a TransactionTransaction and/or Contract; (ef) invoice back all or part of any funds Assets standing to the debit or credit of any of your AccountsAccount; (fg) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (gh) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. 81.2 You hereby authorize us to take all or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 If we exercise our rights to sell any of your Securities or property pursuant to this Clause, we will effect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner as we may determine at our sole discretion. 81.5 Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law or otherwise). 81.6 Where termination and liquidation occurs in accordance with this clause, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other transactions entered into between us, which are then outstanding.

Rights on Default. 81.1 Upon the existence of an Event of Default, we shall, at our sole discretion, without prejudice to any other rights we may have under this Agreement, be entitled to: (a) sell or charge in any way any or all of your Funds which may from time to time be in our possession or control of or call on any guarantee; (b) close out, replace or reverse any Transaction entered into by you; (c) require you immediately to close out and settle such Transactions in such manner as we may, at our sole discretion request; (d) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a Transaction; (e) invoice back all or part of any funds standing to the debit or credit of any of your Accounts; (f) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (g) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. 81.2 a. You hereby authorize authorise us to take all or any measures described in this Clause Section without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, steps unless we have exercised gross negligence in connection herewiththerewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and usthis Agreement. 81.3 If we exercise our rights to b. We buy or sell any investment, or financial assets where this is, or is in the reasonable opinion of your Securities we are likely to be, or property pursuant need to this Clause, we will effect such sale, without notice fulfil our obligations under or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner each case as we may determine at in our sole discretionabsolute discretion select or and upon such terms as we may in our absolute discretion think fit (without being responsible for any loss or diminution in price) in order to realise funds sufficient to cover any amount due by you hereunder. 81.5 c. We shall at its discretion be entitled to: (a) deliver any investment, or financial assets to any third party in order to close any contract; (b) request you to immediately close and settle contracts; (c) enter into any foreign exchange transaction, at such market rates and times as we may determine, in order to meet obligations incurred under any contract; (d) issue invoice, whether for all or part of any assets standing to the debit or credit of any Account; (e) close-out all contracts or open positions and net all your obligations towards each other as of the date fixed by us with effect to third parties; and (f) Force buy-in your open positions without notifying you d. Our rights under this clause Section shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law or otherwise). You authorise us to take any or all of the steps described in this Section without notice to you and acknowledge that we shall not be responsible for any consequences of it taking any such steps unless we have exercised gross negligence in connection herewith. 81.6 e. You shall execute the documents and take the action as we may request in order to protect our rights, other Clients, and our associates under this Agreement or under any agreement you may have entered into with our associates. f. We may exercise our rights to close out, replace or reverse any Transaction, buy, sell, borrow or lend or enter into any other Transaction and/or Contract or take, or refrain from taking such other action at such time or times and in such manner as, at our sole discretion, any of your financial assets under this Section, it will affect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any of your obligations to us or to our associates. g. Without prejudice to all our rights under this Agreement or under prevailing law, we may, at any time and without notice, combine or consolidate any of the Accounts maintained by you with us or any of its associates and off-set any and all amounts owed to, or by, we or our reasonable discretion may determine. h. Where termination and liquidation occurs in accordance with this clauseSection, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clauseSection, any other transactions Transaction and/or Contract entered into between us, which are then outstanding.

Rights on Default. 81.1 Upon the existence presence of an Event of Default, we shallwill, at our sole discretioncaution, without prejudice partiality to any some other rights we may have under this Agreement, be entitled toqualified for: (a) sell or charge in any way capacity any or all the entirety of your Funds Security, Assets and property which may from time to time every now and then be in our possession ownership or control of or call on approach any guaranteeassurance; (b) close outbuy any Security, replace venture or reverse other property where this is, or is as we would like to think prone to be, vital with the goal for us to satisfy our or your commitments under any Transaction entered into by youor potentially Contract; for this situation you will repay to us everything of the price tag in addition to any related expenses and costs; (c) close out, supplant or invert any Transaction and additionally Contract, purchase, sell, acquire or loan or go into some other Transaction as well as Contract, or take, or shun taking, such other activity at such time or times and in such way as, at our sole watchfulness, we think about fundamental or suitable to cover, diminish or dispose of our misfortune or risk under or in regard of any of your Transactions, Contracts, positions or duties, convey any Security speculation or property to any outsider, or in any case make any move we considers being vital or attractive so as to finish off any Transaction or potentially Contract; (d) require you immediately promptly to close out finish off and settle such Transactions as well as Contracts in such manner way as we may, at our sole discretion requestattentiveness demand; (de) enter go into any foreign exchange transactionunfamiliar trade exchange, at such rates and times as we may determinedecide, in order so as to meet obligations incurred commitments caused under a TransactionTransaction or potentially Contract; (ef) invoice receipt back all or part of any funds standing Assets remaining to the debit charge or credit of any of your AccountsAccount; (fg) instead of returning rather than getting back to you investments equivalent speculations comparable to those credited to your accountrecord, to pay to you the fair market value honest evaluation of such investments ventures at the time we exercise such right; and/or and additionally (gh) take make all action move as we see fit, including, without limitationconstraint, completely blocking access totally obstructing admittance to our Online Trading Facility, blocking and/or revoking hindering and additionally repudiating your Access Codes and/or terminating and additionally ending your Account. 81.2 You hereby authorize us to take all or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 If we exercise our rights to sell any of your Securities or property pursuant to this Clause, we will effect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner as we may determine at our sole discretion. 81.5 Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law or otherwise). 81.6 Where termination and liquidation occurs in accordance with this clause, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other transactions entered into between us, which are then outstanding.

Rights on Default. 81.1 78.1 Upon the existence of an Event of Default, we shall, at our sole discretion, without prejudice to any other rights we may have under this Agreement, be entitled to: (a) sell or charge in any way any or all of your Funds which may from time to time be in our possession or control of or call on any guarantee; (b) close out, replace or reverse any Transaction entered into by you; (c) require you immediately to close out and settle such Transactions in such manner as we may, at our sole discretion request; (d) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a Transaction; (e) invoice back all or part of any funds standing to the debit or credit of any of your Accounts; (f) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (g) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. 81.2 78.2 You hereby authorize us to take all or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 78.3 If we exercise our rights to sell any of your Securities or property pursuant to this Clause, we will effect affect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 78.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner as we may determine at our sole discretionsolediscretion. 81.5 78.5 Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law or otherwise). 81.6 78.6 Where termination and liquidation occurs in accordance with this clause, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other transactions entered into between us, which are then outstanding.

Rights on Default. 81.1 Upon the existence of 14.1. On an Event of DefaultDefault or at any time after we have determined, we shall, at in our sole absolute discretion, without prejudice that you have not performed (or we reasonably believe that you will not be able or willing in the future to perform) any other rights we may have under of your obligations in this Agreement, in addition to any of our other rights (including, without limitation, under Clause 15 (Set-Off)) we shall be entitled to: (without prior notice to you: a) sell or charge in any way any or all of your Funds which may from time to time be in our possession or control of or call on any guarantee; (b) close out, replace or reverse any Transaction entered into by you; (c) require you immediately to close out and settle such Transactions in such manner as we may, at our sole discretion request; (d) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a Transaction; (e) invoice back all or part of any funds standing to the debit or credit of any of your Accounts; (f) instead of returning to you you, investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (g; b) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Account. 81.2 You hereby authorize us to take all or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 If we exercise our rights to sell any such of your Securities or property pursuant to this Clause, we will effect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale investments as are in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or possession pursuant to this Agreement, in each case as we maymay in our absolute discretion select or and upon such terms as we may in our absolute discretion think fit (without being responsible for any loss or diminution in price) to realise funds sufficient to cover any amount due by you hereunder; c) to freeze, close out, replace or reverse any Transaction, buy, sell, or enter into any other Transaction or take, or refrain from taking, such other action at any such time or times and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed to or by us in such manner as we may determine as, at our sole discretion., we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any of your contracts, positions or commitments; 81.5 Our rights under this clause shall be in addition to, d) to treat any or all outstanding Transactions between you and not in limitation us as having been cancelled or exclusion of, terminated; e) to sell any or all of the Financial Products or other rights property which we are holding or are entitled to receive on your behalf and to apply the proceeds in or towards satisfaction of any obligation or liability you may have to us (whether by agreement, operation of law including any contingent or otherwiseprospective liability).; 81.6 Where termination and liquidation occurs f) to set off (in accordance with this clauseClause 15 below) any obligation we owe to you, and/or to apply any cash we shall also be entitledhold for your account, against any obligation or liability you may have to us (including any contingent or prospective liability); g) to issue a buy-in or other notice requiring settlement of any obligation; h) to close out, replace or reverse any Transaction, enter into any other Transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, positions or commitments; and/or i) to terminate and liquidate, in accordance the Agreement with the provisions of this clause, any other transactions entered into between us, which are then outstandingimmediate effect.

Rights on Default. 81.1 14.1 Upon the existence of or at any time following an Event of Default, Default by you we shall, at our sole discretion, may (but will not be obliged to) immediately without notice to you and without prejudice to any other rights we may have under this AgreementAgreement or any applicable law, take any or all actions that we consider (in our absolute discretion) to be entitled to: necessary or desirable in the circumstances, including, but not limited to the following: (a) sell treat all or charge in any way part of any Transactions that are then open, unexpired or all of your Funds outstanding as having been repudiated by you and such repudiation as having been accepted by us, upon which may from time to time our obligations under such Transactions will be in our possession or control of or call on any guaranteecancelled and terminated; and/or (b) liquidate, sell, close out, replace hedge or reverse off-set all or any part of any Transaction entered into at whatever cost is deemed appropriate by youus at the time; and/or (c) require you immediately buy, borrow or lend, or enter into any other transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to close out cover, reduce or eliminate our actual or potential loss, cost or expense (as determined by us) under or in respect of all or any of your Transactions or Obligations; and/or (d) sell, charge, deposit, deal with or otherwise dispose of any cash, securities, margin or assets upon such terms as we may in our absolute discretion think fit without being responsible for any loss or diminution in price in order to realise funds sufficient to cover your Obligations and settle apply such Transactions proceeds in or towards satisfaction of your Obligations in such order and generally in such manner as we may, at in our sole discretion requestand absolute discretion, determine; (d) enter into any foreign exchange transaction, at such rates and times as we may determine, in order to meet obligations incurred under a Transaction; and/or (e) invoice back all or part of any funds standing to the debit or credit of any of your Accounts; (f) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right; and/or (g) take all action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking your Access Codes and/or terminating your Accountterminate this Agreement. 81.2 You hereby authorize us to take all 14.2 Upon or any measures described in this Clause without prior notice to you and you acknowledge and agree that we shall not be responsible for any consequences of us taking any such steps, unless we have exercised gross negligence in connection herewith. In these circumstances, you shall execute such documents and take such other action as we may reasonably request in order to protect our rights under these Terms or within the scope of any other agreements between you and us. 81.3 If we exercise our rights to sell any of your Securities or property pursuant to this Clause, we will effect such sale, without notice or liability to you, on your behalf and apply the proceeds of sale in or towards discharge of any or all of your obligations to us. 81.4 Without prejudice to our other rights under and/or pursuant to this Agreement, we may, at any time following an Event of Default by us, you may (but will not be obliged to) and without notice, combine or consolidate all or any of your Accounts with us and off-set any amounts owed prejudice to or by us in such manner as we may determine at our sole discretion. 81.5 Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights which we you may have (whether by agreementunder this Agreement or any applicable law, operation of law or otherwise)terminate this Agreement immediately upon giving us written notice. 81.6 Where termination and liquidation occurs in accordance with this clause, we shall also be entitled, at our discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other transactions entered into between us, which are then outstanding.