Corporate Actions, Adjustment Events and Insolvency Clause Samples
The 'Corporate Actions, Adjustment Events and Insolvency' clause defines how contractual obligations are affected by significant changes to a company, such as mergers, stock splits, or bankruptcy. It typically outlines procedures for adjusting the terms of the agreement—like recalculating payment amounts or substituting counterparties—if such events occur. This clause ensures that both parties are protected from unforeseen changes in the underlying entity, maintaining fairness and continuity in the contract despite corporate restructuring or insolvency events.
Corporate Actions, Adjustment Events and Insolvency. 8.1. A Corporate Action or Adjustment Event may occur in relation to the underlying asset of a CFD.
8.2. If a Corporate Action or Adjustment Event occurs, the Company may take appropriate action (in its reasonable opinion) to:
8.2.1. replicate this in the Order or Transaction;
8.2.2. reflect any action taken by counterparties to trades in respect of such underlying assets of the CFD that the Provider has entered into in order to hedge or offset the Provider’s exposure to the Client; or
8.2.3. preserve the economic equivalent of the Order or CFD Transaction immediately prior to the Corporate Action or Adjustment Event, which may have consequences on the Transaction.
8.3. The Company will give the Client notice of any applicable action that it decides to take as soon as reasonably practicable, which for the avoidance of doubt may be after the relevant Corporate Action or Adjustment Event or after the relevant action which the Company may take in its discretion under this clause 8.
8.4. If the price of the Underlying Asset that a CFD is based upon is suspended, the Company may, in its sole discretion, close any Open Positions in that CFD at a price that is reasonable. Such price may be different for a buy and sell Transaction and may be at a price of zero (0).
8.5. The Company will notify the Client of the date and price at which such Open Position will be closed.
8.6. The Company reserves the right to request additional Margin and/or any reasonably foreseeable associated costs incurred by the Company (or any of its affiliates) in connection with any suspension of a CFD or the relevant Underlying Asset.
8.7. If an issuer, whose securities form the basis of a CFD, becomes insolvent or similar, the Company may close all Transactions on that CFD, generally at a price of zero (0).
8.8. If the Client has an Open Position on any such CFD, the Company shall provide the Client with notice of this.
8.9. Certain CFDs have an expiry date. On the expiry date, an open position on the expiring CFD will be closed automatically at the then prevailing or last available market price. Any affected Pending Order(s) will be canceled. Nothing precludes the Client from closing the relevant position and canceling the affected Pending Orders prior to the expiry date. The expiry date for the relevant CFD shall be published on the Trading Platform and/or on the API and/or on the Website.
8.10. The Company may require the Client to close any Positions which it has with the Company and w...
Corporate Actions, Adjustment Events and Insolvency. 8.1 Adjustments due to corporate actions on underlying assets will be applied to CFD positions.
8.2 Actions following corporate events include adjustments to transactions or positions to maintain economic equivalence.
8.3 The Company will notify clients about actions taken post-event.
8.4 Suspended underlying asset prices may lead to forced position closures at reasonable prices.
8.5 Clients will be informed about forced closures due to suspended underlying assets.
8.6 Additional margin may be required during suspensions of underlying assets.
8.7 Insolvency of underlying issuers may result in CFD position closures at zero.
8.8 Clients will receive notifications regarding closures due to insolvency events.
8.9 CFD positions will automatically close at expiry dates at prevailing market prices, with prior notice provided.
8.10 The Company can require position closures due to corporate actions, liquidity issues, or at its discretion, to maintain market integrity.
Corporate Actions, Adjustment Events and Insolvency. 8.1 A Corporate Action or Adjustment Event may occur in relation to the underlying asset of a CFD.
8.2 If a Corporate Action or Adjustment Event occurs, the Company may take appropriate action (in its reasonable opinion) to:
8.2.1 replicate this in the Order or Transaction;
8.2.2 reflect any action taken by counterparties to trades in respect of such underlying assets of the CFD that the Provider has entered into in order to hedge or offset the Provider’s exposure to the Client; or
8.2.3 preserve the economic equivalent of the Order or CFD Transaction immediately prior to the Corporate Action or Adjustment Event, which may have consequences on the Transaction.
8.3 The Company will give the Client notice of any applicable action that it decides to take as soon as
Corporate Actions, Adjustment Events and Insolvency. 8.1 A Corporate Action or Adjustment Event may occur in relation to the underlying asset of a CFD.
8.2 If a Corporate Action or Adjustment Event occurs, the Company may take appropriate action (in its reasonable opinion) to: