Common use of Client Assets Clause in Contracts

Client Assets. 10.1 Interest is not payable by TRADESMART on client funds deposited by CLIENT. 10.2 All funds, securities, currencies, and other property of CLIENT which TRADESMART or its affiliates may at any time be carrying for CLIENT (either individually, jointly with others, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by TRADESMART as security and subject to a general lien and right of set-off for liabilities of CLIENT to TRADESMART whether or not TRADESMART has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts CLIENT may have with TRADESMART. 10.3 TRADESMART may at its discretion, at any time and from time to time, without notice to the CLIENT, apply and/or transfer any or all funds or other property of the CLIENT between any of the CLIENT’s accounts. 10.4 The CLIENT hereby also grants to TRADESMART the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Customers, to itself as broker or to others, any securities or other property of the CLIENT held by TRADESMART as margin or security. 10.5 TRADESMART shall at no time be required to deliver to the CLIENT the identical property delivered to or purchased by TRADESMART for any account of the CLIENT. 10.6 This authorisation shall apply to all accounts carried by TRADESMART for the CLIENT and shall remain in full force until all accounts are fully paid for by the CLIENT or notice of revocation is sent by TRADESMART from its home office. 10.7 Any failure by TRADESMART to enforce its rights hereunder shall not be deemed a future waiver of such rights by TRADESMART. 10.8 TRADESMART is irrevocably appointed as attorney in-fact for CLIENT and is authorised, without notice to the CLIENT, to execute and deliver any documents, give any notice and to take any actions on behalf of CLIENT, including the execution, delivery and filing of financing statements, that TRADESMART deems necessary or desirable to evidence or to protect TRADESMART’s interest with respect to any collateral. 10.9 In the event that the collateral deemed acceptable to TRADESMART is at any time insufficient to satisfy the CLIENT’s indebtedness or other obligations to TRADESMART, including obligations to provide margin hereunder, the CLIENT shall promptly pay upon demand the entire amount of such deficit.

Client Assets. 10.1 10.1. Interest is not payable by TRADESMART on client funds deposited by CLIENT. 10.2 10.2. All funds, securities, currencies, and other property of CLIENT which TRADESMART or its affiliates ailiates may at any time be carrying for CLIENT (either individually, jointly with others, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by TRADESMART as security and subject to a general lien and right of set-off o for liabilities of CLIENT to TRADESMART whether or not TRADESMART has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts CLIENT may have with TRADESMART. 10.3 10.3. TRADESMART may at its discretion, at any time and from time to time, without notice to the CLIENT, apply and/or transfer any or all funds or other property of the CLIENT between any of the CLIENT’s accounts. 10.4 10.4. The CLIENT hereby also grants to TRADESMART the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Customers, to itself as broker or to others, any securities or other property of the CLIENT held by TRADESMART as margin or security. 10.5 10.5. TRADESMART shall at no time be required to deliver to the CLIENT the identical property delivered to or purchased by TRADESMART for any account of the CLIENT. 10.6 10.6. This authorisation shall apply to all accounts carried by TRADESMART for the CLIENT and shall remain in full force until all accounts are fully paid for by the CLIENT or a notice of revocation is sent by TRADESMART from its home officeoice. 10.7 10.7. Any failure by TRADESMART to enforce its rights hereunder shall not be deemed a future waiver of such rights by TRADESMART. 10.8 10.8. TRADESMART is irrevocably appointed as attorney aorney in-fact for CLIENT and is authorised, without notice to the CLIENT, to execute and deliver any documents, give any notice and to take any actions on behalf of CLIENT, including the execution, delivery and filing filing of financing financing statements, that TRADESMART deems necessary or desirable to evidence or to protect TRADESMART’s interest with respect to any collateral. 10.9 10.9. In the event that the collateral deemed acceptable to TRADESMART is at any time insufficient insuicient to satisfy the CLIENT’s indebtedness or other obligations to TRADESMART, including obligations to provide margin hereunder, the CLIENT shall promptly pay upon demand the entire amount of such deficitdeficit.