Purchase Process. (a) All Buy Orders will attract the brokerage whether fully or partially completed. Application Monies on rights transactions attract brokerage. (b) Where the Customer submits a Buy Order with respect to Equity and/or Debt Securities quoted in a foreign currency, the purchase price (and any Fees) will be converted from the currency of the Account to the relevant foreign currency in accordance with Clause 2.1(b) of this Schedule 4 and the conversion price will be shown on the Confirmation, unless the Customer has the Instructions and facilities in place and the Bank is willing and able to receive payment in the foreign currency. (c) When the Customer places a Buy Order, the Customer owes the Bank all settlement obligations in relation to the Buy Order directly to the Bank and the Customer must ensure that the amount of funds the Customer is at that time able to withdraw from the Settlement Account for the purposes of Trading is sufficient to cover the full value of the Order (including brokerage and other fees and charges). The Bank is under no obligation to check the balance of the Settlement Account and the Customer will remain liable for all settlement obligations arising out of Buy Orders whether or not the Customer had sufficient funds available in the Settlement Account to cover the Buy Order. (d) Where the Customer fails to meet a delivery obligation, the Bank shall have the right to pass on, and the Customer shall have the obligation to meet, any charge or levy incurred by the Bank as a result of the Customer’s failure to make delivery of funds within the time needed to enable the Bank to meet the time limits imposed by the Participant Rules and/or the Clearing and Settlement Rules. Where the Customer has failed to settle with the Bank, the Parties shall have the rights and obligations imposed by the Participant Rules and/or the Clearing and Settlement Rules (or the settlement rules in the applicable market regarding cancellation of the transaction and mitigating any loss relating to that failure to settle). Any payment made by the Customer or on the Customer’s Account to the Bank will be applied in the following order, that is to pay the Bank’s brokerage and fees, then to pay any charges incurred in settling the purchase, including debt recovery and finally to pay the purchase price for the Equity and/or Debt Securities. Any profit made by the Bank exercising such rights will be retained by the Bank but any loss incurred will be to the Customer’s Account. (e) Where any amount owing from the Customer to the Bank in relation to any purchase of Equity and/or Debt Securities remains unpaid after the purchase has settled, the Bank is authorised by the Customer to instruct the relevant securities registry to transfer the purchased Equity and/or Debt Securities from the Customer’s holding/account to the Bank and the Bank will have the rights referred to Clause 5.3(d) of this Schedule 4 in respect of the Customer’s failure to settle or complete a transaction or failure to pay any amount due in respect of an Instruction or Order. (f) In relation to Debt Securities, the Customer acknowledges that: (i) a bid to subscribe and/or purchase Debt Securities by the Customer does not constitute an acceptance by the issuer of the Debt Security or the Bank for the Customer to subscribe or purchase the said Debt Security from the issuer. The Bank does not guarantee the success of the Customer’s subscription/purchase for the whole or any part of the said Debt Security. In the event the issuer decides to allot/sell any lesser number of Debt Securities or not to allot or sell any of the said Debt Security to the Customer, the Customer agrees to accept any such decision of the issuer as final; and (ii) in the event the Customer withdraws the Order during the bookbuilding period (i.e., before the relevant closing date for purchase or subscription as advised by the Bank or announced by the issuer of the Debt Security and before the relevant cut-off time for Order cancellation in the relevant Jurisdiction), the monies will be refunded to the Customer free of interest / profit.
Appears in 2 contracts
Sources: Investment Services Agreement, Investment Services Agreement
Purchase Process. (a) All Buy Orders will attract the brokerage whether fully or partially completed. Application Monies on rights transactions attract brokerage.
(b) Where the Customer submits a Buy Order with respect to Equity and/or Debt Securities quoted in a foreign currency, the purchase price (and any Fees) will be converted from the currency of the Account to the relevant foreign currency in accordance with Clause 2.1(b) of this Schedule 4 and the conversion price will be shown on the Confirmation, unless the Customer has the Instructions and facilities in place and the Bank is willing and able to receive payment in the foreign currency.
(c) When the Customer places a Buy Order, the Customer owes the Bank all settlement obligations in relation to the Buy Order directly to the Bank and the Customer must ensure that the amount of funds the Customer is at that time able to withdraw from the Settlement Account for the purposes of Trading is sufficient to cover the full value of the Order (including brokerage and other fees and charges). The Bank is under no obligation to check the balance of the Settlement Account and the Customer will remain liable for all settlement obligations arising out of Buy Orders whether or not the Customer had sufficient funds available in the Settlement Account to cover the Buy Order.
(d) Where the Customer fails to meet a delivery obligation, the Bank shall have the right to pass on, and the Customer shall have the obligation to meet, any charge or levy incurred by the Bank as a result of the Customer’s failure to make delivery of funds within the time needed to enable the Bank to meet the time limits imposed by the Participant Rules and/or the Clearing and Settlement Rules. Where the Customer has failed to settle with the Bank, the Parties shall have the rights and obligations imposed by the Participant Rules and/or the Clearing and Settlement Rules (or the settlement rules in the applicable market regarding cancellation of the transaction and mitigating any loss relating to that failure to settle). Any payment made by the Customer or on the Customer’s Account to the Bank will be applied in the following order, that is to pay the Bank’s brokerage and fees, then to pay any charges incurred in settling the purchase, including debt recovery and finally to pay the purchase price for the Equity and/or Debt Securities. Any profit made by the Bank exercising such rights will be retained by the Bank but any loss incurred will be to the Customer’s Account.
(e) Where any amount owing from the Customer to the Bank in relation to any purchase of Equity and/or Debt Securities remains unpaid after the purchase has settled, the Bank is authorised by the Customer to instruct the relevant securities registry to transfer the purchased Equity and/or Debt Securities from the Customer’s holding/account to the Bank and the Bank will have the rights referred to Clause 5.3(d5.4(c) of this Schedule 4 in respect of the Customer’s failure to settle or complete a transaction or failure to pay any amount due in respect of an Instruction or Order.
(f) In relation to Debt Securities, the Customer acknowledges that:
(i) a bid to subscribe and/or purchase Debt Securities by the Customer does not constitute an acceptance by the issuer of the Debt Security or the Bank for the Customer to subscribe or purchase the said Debt Security from the issuer. The Bank does not guarantee the success of the Customer’s subscription/purchase for the whole or any part of the said Debt Security. In the event the issuer decides to allot/sell any lesser number of Debt Securities or not to allot or sell any of the said Debt Security to the Customer, the Customer agrees to accept any such decision of the issuer as final; and
(ii) in the event the Customer withdraws the Order during the bookbuilding period (i.e., before the relevant closing date for purchase or subscription as advised by the Bank or announced by the issuer of the Debt Security and before the relevant cut-off time for Order cancellation in the relevant Jurisdiction), the monies will be refunded to the Customer free of interest / profit.
Appears in 1 contract
Sources: Investment Services Agreement
Purchase Process. (a) All Buy Orders will attract the brokerage whether fully or partially completed. Application Monies on rights transactions attract brokerage.
(b) Where the Customer submits a Buy Order with respect to Equity and/or Debt Securities quoted in a foreign currency, the purchase price (and any Fees) will be converted from the currency of the Account to the relevant foreign currency in accordance with Clause 2.1(b) of this Schedule 4 and the conversion price will be shown on the Confirmation, unless the Customer has the Instructions and facilities in place and the Bank is willing and able to receive payment in the foreign currency.
(c) When the Customer places a Buy Order, the Customer owes the Bank all settlement obligations in relation to the Buy Order directly to the Bank and the Customer must ensure that the amount of funds the Customer is at that time able to withdraw from the Settlement Account for the purposes of Trading is sufficient to cover the full value of the Order (including brokerage and other fees and charges). The Bank is under no obligation to check the balance of the Settlement Account and the Customer will remain liable for all settlement obligations arising out of Buy Orders whether or not the Customer had sufficient funds available in the Settlement Account to cover the Buy Order.
(d) Where the Customer fails to meet a delivery obligation, the Bank shall have the right to pass on, and the Customer shall have the obligation to meet, any charge or levy incurred by the Bank as a result of the Customer’s failure to make delivery of funds within the time needed to enable the Bank to meet the time limits imposed by the Participant Rules and/or the Clearing and Settlement Rules. Where the Customer has failed to settle with the Bank, the Parties shall have the rights and obligations imposed by the Participant Rules and/or the Clearing and Settlement Rules (or the settlement rules in the applicable market regarding cancellation of the transaction and mitigating any loss relating to that failure to settle). Any payment made by the Customer or on the Customer’s Account to the Bank will be applied in the following order, that is to pay the Bank’s brokerage and fees, then to pay any charges incurred in settling the purchase, including debt recovery and finally to pay the purchase price for the Equity and/or Debt Securities. Any profit made by the Bank exercising such rights will be retained by the Bank but any loss incurred will be to the Customer’s Account.
(e) Where any amount owing from the Customer to the Bank in relation to any purchase of Equity and/or Debt Securities remains unpaid after the purchase has settled, the Bank is authorised by the Customer to instruct the relevant securities registry to transfer the purchased Equity and/or and/ or Debt Securities from the Customer’s holding/account to the Bank and the Bank will have the rights referred to Clause 5.3(dclause 5.4(c) of this Schedule 4 in respect of the Customer’s failure to settle or complete a transaction or failure to pay any amount due in respect of an Instruction or Order.
(f) In relation to Debt Securities, the Customer acknowledges that:
(i) a bid to subscribe and/or purchase Debt Securities by the Customer does not constitute an acceptance by the issuer of the Debt Security or the Bank for the Customer to subscribe or purchase the said Debt Security from the issuer. The Bank does not guarantee the success of the Customer’s subscription/purchase for the whole or any part of the said Debt Security. In the event that the issuer decides to allot/sell any lesser number of Debt Securities or not to allot or sell any of the said Debt Security to the Customer, the Customer agrees to accept any such decision of the issuer as final; and
(ii) in the event the Customer withdraws the Order during the bookbuilding period (i.e., i.e. before the relevant closing date for purchase or subscription as advised by the Bank or announced by the issuer of the Debt Security and before the relevant cut-off time for Order cancellation in the relevant Jurisdiction), the monies will be refunded to the Customer free of interest / profitinterest.
Appears in 1 contract
Sources: Investment Services Agreement
Purchase Process. (a) All Buy Orders will attract the brokerage whether fully or partially completed. Application Monies on rights transactions attract brokerage.
(b) Where the Customer submits a Buy Order with respect to Equity and/or Debt Securities quoted in a foreign currency, the purchase price (and any Fees) will be converted from the currency of the Account to the relevant foreign currency in accordance with Clause 2.1(b) of this Schedule 4 and the conversion price will be shown on the Confirmation, unless the Customer has the Instructions and facilities in place and the Bank is willing and able to receive payment in the foreign currency.
(c) When the Customer places a Buy Order, the Customer owes the Bank all settlement obligations in relation to the Buy Order directly to the Bank and the Customer must ensure that the amount of funds the Customer is at that time able to withdraw from the Settlement Account for the purposes of Trading is sufficient to cover the full value of the Order (including brokerage and other fees and charges). The Bank is under no obligation to check the balance of the Settlement Account and the Customer will remain liable for all settlement obligations arising out of Buy Orders whether or not the Customer had sufficient funds available in the Settlement Account to cover the Buy Order.
(d) Where the Customer fails to meet a delivery obligation, the Bank shall have the right to pass on, and the Customer shall have the obligation to meet, any charge or levy incurred by the Bank as a result of the Customer’s failure to make delivery of funds within the time needed to enable the Bank to meet the time limits imposed by the Participant Rules and/or the Clearing and Settlement Rules. Where the Customer has failed to settle with the Bank, the Parties shall have the rights and obligations imposed by the Participant Rules and/or the Clearing and Settlement Rules (or the settlement rules in the applicable market regarding cancellation of the transaction and mitigating any loss relating to that failure to settle). Any payment made by the Customer or on the Customer’s Account to the Bank will be applied in the following order, that is to pay the Bank’s brokerage and fees, then to pay any charges incurred in settling the purchase, including debt recovery and finally to pay the purchase price for the Equity and/or Debt Securities. Any profit made by the Bank exercising such rights will be retained by the Bank but any loss incurred will be to the Customer’s Account.
(e) Where any amount owing from the Customer to the Bank in relation to any purchase of Equity and/or Debt Securities remains unpaid after the purchase has settled, the Bank is authorised by the Customer to instruct the relevant securities registry to transfer the purchased Equity and/or Debt Securities from the Customer’s holding/account to the Bank and the Bank will have the rights referred to Clause 5.3(d5.4(c) of this Schedule 4 in respect of the Customer’s failure to settle or complete a transaction or failure to pay any amount due in respect of an Instruction or Order.
(f) In relation to Debt Securities, the Customer acknowledges that:
(i) a bid to subscribe and/or purchase Debt Securities by the Customer does not constitute an acceptance by the issuer of the Debt Security or the Bank for the Customer to subscribe or purchase the said Debt Security from the issuer. The Bank does not guarantee the success of the Customer’s subscription/purchase for the whole or any part of the said Debt Security. In the event the issuer decides to allot/sell any lesser number of Debt Securities or not to allot or sell any of the said Debt Security to the Customer, the Customer agrees to accept any such decision of the issuer as final; and
(ii) in the event the Customer withdraws the Order during the bookbuilding period (i.e., before the relevant closing date for purchase or subscription as advised by the Bank or announced by the issuer of the Debt Security and before the relevant cut-off time for Order cancellation in the relevant Jurisdiction), the monies will be refunded to the Customer free of interest / profitinterest.
Appears in 1 contract
Sources: Investment Services Agreement