Liquidation of Positions Clause Samples
The Liquidation of Positions clause defines the process by which a party's open positions in a financial contract or trading account are closed out, typically when certain conditions are met, such as a default or failure to meet margin requirements. In practice, this clause allows the non-defaulting party or a designated agent to sell, offset, or otherwise dispose of the affected positions at prevailing market prices to limit further losses. Its core function is to protect parties from excessive risk exposure by enabling prompt action to mitigate losses when contractual obligations are not fulfilled.
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Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via telecopy or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 8, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) days' prior notice. In the event that losses incurred by the Advisor exceed the amount of the Series C Allocated Assets, the Managing Owner agrees to cover such excess losses from its assets, but in no event from the assets of the other Series issued by the Trust.
Liquidation of Positions. You can liquidate Your portfolio by selling all Your positions Yourself via the Vivid Invest App or Your positions in Your portfolio will be liquidated following Your termination of the business relationship with Vivid Invest. For details how You can terminate the business relationship with Vivid Invest please see below in paragraph 25. For details on the positions you hold vis-à-vis CME please refer to the contractual documentation of CME (see ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇/de-de/legal-documents/) and the information on CME's website (▇▇▇▇▇://▇▇-▇▇▇▇▇▇.▇▇/en/). Please note that it is not possible to transfer any financial instruments You hold with third parties to Your account with CME.
Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Company informs the Advisor, in writing via facsimile or other equivalent means, that the Company considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 8, respectively, or (ii) fund its pro rata share of any redemption, distribution or Company expense. The Company shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Company shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) days prior notice. In the event that losses incurred as a result of such liquidation by the Advisor exceed the amount of the Allocated Assets, any such losses or excess losses shall be the sole responsibility of the Company; the Advisor shall have no liability for any such losses or excess losses.
Liquidation of Positions. The Trading Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Trading Advisor, in writing via telecopy or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 10, respectively, or (ii) fund its pro rata share of any redemption, exchange, distribution, Trading Company expense or Trust expense. The Managing Owner shall not, however, have authority to instruct the Trading Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Trading Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least one (1) days’ prior notice. In the event that losses incurred by the Trading Advisor exceed the amount of the Allocated Assets, the Managing Owner agrees to cover such excess losses from its assets, but in no event from the assets of the other Series issued by the Trust.
Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via facsimile or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any reallocation or termination pursuant to Sections 1(h) or 6, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.
Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that Series J informs the Advisor, in writing via facsimile or other equivalent means, that Series J considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 8, respectively, or (ii) fund its pro rata share of any redemption, distribution or Series J expense. Series J shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. Series J shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) days’ prior notice. In the event that losses incurred as a result of such liquidation by the Advisor exceed the amount of the Allocated Assets, Series J agrees to cover such excess losses from its assets, but in no event from the assets of the other Series issued by the Trust. The Advisor shall have no liability for such losses.
Liquidation of Positions. In the event that (a) Customer shall fail to timely deposit or maintain margin or any amount hereunder; (b) Customer (if an individual) shall die or be judicially declared incompetent or (if an entity) shall be dissolved or otherwise terminated; (c) a proceeding under the Bankruptcy Act, an assignment for the benefit of creditors, or an application for a receiver, custodian,or trustee shall be filed or applied for by or against Customer;(d)attachment is levied against Customer’s account; (e) the property deposited as collateral is determined by JMI Brokers LTD in its sole discretion, regardless of current market quotations, to be in adequate to properly secure the account; or (f) at anytime JMI Brokers LTD deems it necessary for its protection for any reason whatsoever, JMI Brokers LTD may, in the manner it deems appropriate, close out Customer’s open positions in whole or in part, sell any or all of Customer’s property held by JMI Brokers LTD , buy any securities, Commodity Contracts, or other property for Customer’s account, and may cancel any outstanding orders and commitments made by JMI Brokers LTD on behalf of Customer. Such sale, purchase or cancellation maybe made at JMI Brokers LTD discretion without advertising the same and without notice to Customer or his personal representatives and without prior tender, demand for margin or payment, or call of any kind upon Customer. JMI Brokers LTD may purchase the whole or any part there of free from any right of red emption. It is understood that a prior demand or call or prior notice of the time and place of such sale or purchase shall not be a waiver of JMI Brokers LTD right to sell or buy without demand or notice as here in provided. Subject to applicable laws and rules, and in order to prevent non-permitted trading in debit/deficit accounts, profits on any trades executed without JMI Brokers LTD’s express permission, for a Customer account that is debit/deficit at the time the order is placed ,shall before JMI Brokers LTD account if JMI Brokers LTD in its discretion so elects. Losses on any such trades shall be jointly and severally borne by the Introducing Broker, if any, and the Customer. Customer shall remain liable for and pay JMIBrokers LTD the amount of any deficiency in any account of Customer with JMI Brokers LTD resulting from any transaction described above. Our determination of the current market value and the amount of additional and/or variation margin shall be conclusive and shall not be ...
Liquidation of Positions. In the event that (a) Customer shall fail to timely deposit or maintain margin or any amount hereunder;
Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Company informs the Advisor, in writing via facsimile or other equivalent means, that the Company considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 8, respectively, or (ii) fund its pro rata share of any redemption, distribution or Company expense. The Company shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Company shall provide the Advisor with such reasonable prior notice of such
Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that Series J informs the Advisor, in writing via facsimile or other equivalent means, that Series J considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 1 or 8, respectively or (ii) fund its pro rata share of any redemption, distribution or Trust expense. Series J shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. Series J shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least one day prior notice.