Common use of Margin Facility Clause in Contracts

Margin Facility. 2.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement for Securities Trading and any margin offer letter from GTJAS to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of Securities. 2.2 Subject to Clause 2.4 below, GTJAS may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of GTJAS without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, GTJAS may at its discretion (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by GTJAS on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 GTJAS is authorised by the Client to draw on the Margin Facility to settle any amounts due to GTJAS in respect of the Client’s purchase of Securities, margin maintenance obligations for any positions required by GTJAS or payment of any commission or other costs and expenses owing to GTJAS including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 GTJAS will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that GTJAS will be under no obligation to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) in the opinion of GTJAS there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect Client’s ability to discharge his liabilities or perform his obligations under the Margin Facility Terms; or (c) making an advance would cause the applicable Margin Limit to be exceeded; or (d) GTJAS in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to GTJAS on the part of the Client, GTJAS shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of GTJAS be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by GTJAS for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above GTJAS’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by GTJAS from time to time. Such interest charges may be deducted by GTJAS from the Margin Account or any other account of the Client with GTJAS or any other member of GTJA Group.

Margin Facility. 2.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement for Securities Trading and any margin offer letter from GTJAS USL to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of Securities. 2.2 Subject to Clause 2.4 below, GTJAS USL may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of GTJAS USL without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, GTJAS USL may at its discretion (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by GTJAS USL on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 GTJAS USL is authorised by the Client to draw on the Margin Facility to settle any amounts due to GTJAS USL in respect of the Client’s purchase of Securities, margin maintenance obligations for any positions required by GTJAS USL or payment of any commission or other costs and expenses owing to GTJAS USL including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 GTJAS USL will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that GTJAS USL will be under no obligation to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) in the opinion of GTJAS USL there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect Client’s ability to discharge his liabilities or perform his obligations under the Margin Facility Terms; or (c) making an advance would cause the applicable Margin Limit to be exceeded; or (d) GTJAS USL in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to GTJAS USL on the part of the Client, GTJAS USL shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of GTJAS USL be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by GTJAS USL for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above GTJASUSL’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by GTJAS USL from time to time. Such interest charges may be deducted by GTJAS USL from the Margin Account or any other account of the Client with GTJAS USL or any other member of GTJA uSmart Group.

Margin Facility. 2.1 25.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement for Securities Trading and any margin offer letter from GTJAS uSMART SG to the Client (collectively referred as ““ Margin Facility Terms”). The Client acknowledge and agree that uSMART SG shall have the right to reduce, cancel or vary, and from time to time review any Margin Facility and that nothing in this Margin Facility Terms shall be deemed to impose on uSMART SG any obligation under any Applicable Law or in equity to make or continue to make available to the Client a Margin Facility. The Client further acknowledges and agrees that the Margin Facility Terms may be amended, varied or supplemented by uSMART SG from time to time by notice through such other method of notification as uSMART SG may designate (which includes notification by electronic mails or via Electronic Trading Service), such amendment to take effect on the date of such notice or on the date that uSMART SG may specify without further consent from the Client. The Client agrees to use the Margin Facility only in connection with the acquisition or acquisition, sale and/or holding of Marginable Securities. 2.2 25.2 Subject to Clause 2.4 25.5 below, GTJAS uSMART SG may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of GTJAS uSMART SG without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, GTJAS may at its discretion to (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by GTJAS uSMART SG on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 GTJAS 25.3 uSMART SG is authorised by the Client to draw on the Margin Facility to settle any amounts due to GTJAS uSMART SG in respect of the Client’s purchase of Marginable Securities, margin maintenance obligations for any positions required by GTJAS uSMART SG or payment of any commission or other costs and expenses owing to GTJAS uSMART SG including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 GTJAS 25.4 Any Collateral deposited with uSMART SG may be valued at 100% of the market valuation or be subject to a discount at such other percentage as uSMART SG may in its sole and absolute discretion prescribe from time to time. 25.5 uSMART SG will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that GTJAS will be under no obligation uSMART SG is not obliged to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) 25.5.1 the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) 25.5.2 in the opinion of GTJAS uSMART SG there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect Client’s ability to discharge his liabilities or perform his obligations under the Margin Facility Terms; or (c) 25.5.3 making an advance would cause the applicable Margin Limit to be exceeded; or (d) GTJAS 25.5.4 uSMART SG in its sole and absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 25.6 For so long as there exists any indebtedness to GTJAS uSMART SG on the part of the Client, GTJAS uSMART SG shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of GTJAS uSMART SG be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by GTJAS uSMART SG for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 25.7 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above GTJASuSMART SG’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by GTJAS uSMART SG from time to time. Interest shall accrue on a daily basis from the applicable due date or otherwise the date of demand up to and including the date on which the uSMART SG receives actual and unconditional payment in full. Overdue interest shall be compounded monthly and shall itself bear interest. Such interest charges may be deducted by GTJAS uSMART SG from the Margin Account or any other account of the Client with GTJAS uSMART SG or any other member of GTJA uSmart Group. 25.8 In respect of the Margin Facility, the Client hereby undertakes: 25.8.1 that it will at all times comply with all Collateral deposits and/or Margin Ratio and/or other maintenance requirements prescribed by uSMART SG or otherwise notified to the Client by uSMART SG. In this connection, the Client shall where required execute such Collateral documents as may be required by uSMART SG to ensure that uSMART SG will have a valid and enforceable first security interest over all the Customer’s Securities and/or property deposited with uSMART SG as Collateral; 25.8.2 that it shall comply at all times with such position and/or financial exposure limits which uSMART SG may prescribe or otherwise notify the Client from time to time in respect to any single Securities counter that the Client may transact in with respect to the Margin Account; 25.8.3 to take all reasonable steps to obtain and communicate to uSMART SG all information, and deliver or cause to be delivered to uSMART SG all documents, with respect to transactions under the Margin Account which may be requested by uSMART SG or the SGX-ST, CDP, SCCS, MAS or any authority having such right to request for such information to enable uSMART SG to comply with the Applicable Law and in any case not later than seven (7) days after being requested in writing by uSMART SG to do so or such earlier date as the SGX-ST, CDP, SCCS, MAS or any other authority may require; 25.8.4 to disclose to uSMART SG if there is any material adverse change in the Client’s business, assets, financial condition, operating environment or management; 25.8.5 the fact that all Securities transactions in the Margin Account shall be on an immediate or a ready basis and the credit extended under the Margin Account shall not be used to subscribe for new issues of Securities (including initial public offers and rights issues). 25.9 The Client acknowledges that in no event is uSMART SG obliged to accept any Instruction the Client may give (for the establishment for a new position) as uSMART SG may, amongst other things, have its own aggregate limits of exposure to a particular Securities counter or aggregate limits to the financing available to uSMART SG or permitted of uSMART SG or the Margin Facility uSMART SG is permitted to engage in, and if uSMART SG had in good faith inadvertently accepted any of the Client’s Instructions which would cause uSMART SG to be in breach of any its obligations whether under the Applicable Law or the terms of financing extended to uSMART SG, the Client acknowledges that uSMART SG may in its sole and absolute discretion, take any and all action necessary to rectify such a breach (including but not limited to allocating the Instructions to an Account in the Client’s name other than the Margin Account designated for the Margin Facility) and the Client will effect settlement accordingly. 25.10 The Client acknowledges and understand that trading on margin involves a high degree of risk and may result in loss of funds even greater than the amount deposited by the Client in the Margin Account.

Margin Facility. 2.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement for (Securities Trading Account) and any margin offer letter from GTJAS NECHK to the Client (collectively referred as “Margin Facility Terms”). The Client agrees to use the Margin Facility only in connection with the acquisition or holding of Securitiessecurities by NECHK for the Client. 2.2 Subject to Clause 2.4 below, GTJAS NECHK may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of GTJAS NECHK without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, GTJAS NECHK may at its discretion (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by GTJAS NECHK on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 GTJAS NECHK is authorised authorized by the Client to draw on the Margin Facility to settle any amounts due to GTJAS NECHK in respect of the Client’s purchase of Securitiessecurities, margin maintenance obligations for any positions required by GTJAS NECHK or payment of any commission or other costs and expenses owing to GTJAS NECHK including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 GTJAS NECHK will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that GTJAS NECHK will be under no obligation to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) the The Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) in In the opinion of GTJAS NECHK, there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge his his/her liabilities or perform his his/her obligations under the Margin Facility Terms; or (c) making Making an advance would cause the applicable Margin Limit to be exceeded; or (d) GTJAS NECHK in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to GTJAS NECHK on the part of the Client, GTJAS NECHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of GTJAS NECHK be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by GTJAS NECHK for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 The Client shall on demand from NECHK make payments or deposits of margin in monies, securities and/or other assets in such amount and in such form into a designated account and within such time as specified by NECHK (referred to as a “Margin Call”), as NECHK in its absolute discretion determines necessary to provide adequate security in respect of the Margin Facility. Payment of Margin Calls must be effected in cleared funds or deposit of Securities and/or other assets which the Client has good and free unencumbered titles. Unless the Margin Call is fully satisfied within the time specified, NECHK shall have no obligation to effect or respond to the Client’s Instruction for the buy or sell of Securities on margin. 2.7 For the purpose of a Margin Call, NECHK shall use its best endeavor to contact the Client promptly by phone and/or by sending to the Client a Margin Call notice by post, facsimile, SMS, e-mail or otherwise. The Client agrees that he/it shall be deemed to have been properly notified of the Margin Call even if NECHK fails to contact him/it by phone or the Client fails to receive the written notice. 2.8 Any failure by the Client to comply with Clause 2.6 of this Agreement will constitute an “Event of Default” under Clause 13.10 of the Client Agreement (Securities Trading Account). 2.9 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above GTJASNECHK’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by GTJAS NECHK from time to time. Such interest charges may be deducted by GTJAS NECHK from the Margin Account or any other account of the Client with GTJAS NECHK or any other member of GTJA NE Group.

Margin Facility. 2.1 25.1 The Margin Facility is granted to the Client in accordance with the provisions set out in this Agreement, the Client Agreement for Securities Trading and any margin offer letter from GTJAS uSMART SG to the Client (collectively referred as “Margin Facility Terms”). The Client acknowledge and agree that uSMART SG shall have the right to reduce, cancel or vary, and from time to time review any Margin Facility and that nothing in this Margin Facility Terms shall be deemed to impose on uSMART SG any obligation under any Applicable Law or in equity to make or continue to make available to the Client a Margin Facility. The Client further acknowledges and agrees that the Margin Facility Terms may be amended, varied or supplemented by uSMART SG from time to time by notice through such other method of notification as uSMART SG may designate (which includes notification by electronic mails or via Electronic Trading Service), such amendment to take effect on the date of such notice or on the date that uSMART SG may specify without further consent from the Client. The Client agrees to use the Margin Facility only in connection with the acquisition or acquisition, sale and/or holding of Marginable Securities. 2.2 25.2 Subject to Clause 2.4 25.5 below, GTJAS uSMART SG may grant the Client a Margin Facility of such amount up to the Margin Limit as may be notified to the Client from time to time. The Margin Limit available to the Client and the Margin Ratio may be varied at the discretion of GTJAS uSMART SG without any prior notice to the Client. Notwithstanding the Margin Limit as notified to the Client, GTJAS may at its discretion to (1) extend the Margin Facility to the Client in excess of the Margin Limit and the Client agrees that the Client shall be liable to repay the full amount of any Margin Facility given by GTJAS uSMART SG on demand, or (2) refuse to make available to the Client any advance under the Margin Facility at any time even if the Margin Limit applicable at that time has not been exceeded. 2.3 GTJAS 25.3 uSMART SG is authorised by the Client to draw on the Margin Facility to settle any amounts due to GTJAS uSMART SG in respect of the Client’s purchase of Marginable Securities, margin maintenance obligations for any positions required by GTJAS uSMART SG or payment of any commission or other costs and expenses owing to GTJAS uSMART SG including costs and any expenses that may be incurred in connection with the realisation of any Collateral. 2.4 GTJAS 25.4 Any Collateral deposited with uSMART SG may be valued at 100% of the market valuation or be subject to a discount at such other percentage as uSMART SG may in its sole and absolute discretion prescribe from time to time. 25.5 uSMART SG will not at any time be obliged to provide any Margin Facility to the Client. In particular, the Client understands that GTJAS will be under no obligation uSMART SG is not obliged to provide or continue to provide any Margin Facility if any of the following circumstances arises:- (a) 25.5.1 the Client is in default of any provision of the Margin Facility Terms, including, without limitation, any Event of Default shall have occurred and is continuing; or (b) 25.5.2 in the opinion of GTJAS uSMART SG there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect Client’s ability to discharge his liabilities or perform his obligations under the Margin Facility Terms; or (c) 25.5.3 making an advance would cause the applicable Margin Limit to be exceeded; or (d) GTJAS 25.5.4 uSMART SG in its sole and absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 25.6 For so long as there exists any indebtedness to GTJAS uSMART SG on the part of the Client, GTJAS uSMART SG shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of GTJAS uSMART SG be entitled to withdraw any Collateral in part or in whole from the Client’s Account. All amounts (less brokerage and other proper charges) received by GTJAS uSMART SG for or on account of the Client from the sale of Securities shall firstly be paid to the credit of the Margin Account towards the repayment of any amount outstanding under the Margin Facilities. 2.6 25.7 The Client agrees to pay interest on a daily basis on the amount of the Margin Facility granted to the Client. The interest rate shall be at a percentage above GTJASuSMART SG’s cost of funds which will vary according to the prevailing money market situation and as notified to the Client by GTJAS uSMART SG from time to time. Interest shall accrue on a daily basis from the applicable due date or otherwise the date of demand up to and including the date on which the uSMART SG receives actual and unconditional payment in full. Overdue interest shall be compounded monthly and shall itself bear interest. Such interest charges may be deducted by GTJAS uSMART SG from the Margin Account or any other account of the Client with GTJAS uSMART SG or any other member of GTJA uSmart Group. 25.8 In respect of the Margin Facility, the Client hereby undertakes: 25.8.1 that it will at all times comply with all Collateral deposits and/or Margin Ratio and/or other maintenance requirements prescribed by uSMART SG or otherwise notified to the Client by uSMART SG. In this connection, the Client shall where required execute such Collateral documents as may be required by uSMART SG to ensure that uSMART SG will have a valid and enforceable first security interest over all the Customer’s Securities and/or property deposited with uSMART SG as Collateral; 25.8.2 that it shall comply at all times with such position and/or financial exposure limits which uSMART SG may prescribe or otherwise notify the Client from time to time in respect to any single Securities counter that the Client may transact in with respect to the Margin Account; 25.8.3 to take all reasonable steps to obtain and communicate to uSMART SG all information, and deliver or cause to be delivered to uSMART SG all documents, with respect to transactions under the Margin Account which may be requested by uSMART SG or the SGX-ST, CDP, SCCS, MAS or any authority having such right to request for such information to enable uSMART SG to comply with the Applicable Law and in any case not later than seven (7) days after being requested in writing by uSMART SG to do so or such earlier date as the SGX-ST, CDP, SCCS, MAS or any other authority may require; 25.8.4 to disclose to uSMART SG if there is any material adverse change in the Client’s business, assets, financial condition, operating environment or management; 25.8.5 the fact that all Securities transactions in the Margin Account shall be on an immediate or a ready basis and the credit extended under the Margin Account shall not be used to subscribe for new issues of Securities (including initial public offers and rights issues). 25.9 The Client acknowledges that in no event is uSMART SG obliged to accept any Instruction the Client may give (for the establishment for a new position) as uSMART SG may, amongst other things, have its own aggregate limits of exposure to a particular Securities counter or aggregate limits to the financing available to uSMART SG or permitted of uSMART SG or the Margin Facility uSMART SG is permitted to engage in, and if uSMART SG had in good faith inadvertently accepted any of the Client’s Instructions which would cause uSMART SG to be in breach of any its obligations whether under the Applicable Law or the terms of financing extended to uSMART SG, the Client acknowledges that uSMART SG may in its sole and absolute discretion, take any and all action necessary to rectify such a breach (including but not limited to allocating the Instructions to an Account in the Client’s name other than the Margin Account designated for the Margin Facility) and the Client will effect settlement accordingly. 25.10 The Client acknowledges and understand that trading on margin involves a high degree of risk and may result in loss of funds even greater than the amount deposited by the Client in the Margin Account.