Termination and Results of Termination. 24.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) Business Days Written Notice to the other Party. 24.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder. 24.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement. 24.4. Once notice of termination of this Agreement is sent and before the termination date: (a) The Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions; (b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s); (c) The Company will be entitled to refuse to accept new Orders from the Client; (d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement. 24.5. Upon Termination any or all the following may apply: (a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances; (b) The Company has the right to close the Client Account(s); (c) The Company has the right to convert any currency; (d) The Company has the right to close out the Client’s Open Positions; (e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 24 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunderhereinafter.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitationnot limited to) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
31.6. The Company shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any party of the Agreement by the ▇▇▇▇▇▇
▇) where the Company has reasonable grounds to believe that the Client have not acted in good faith, including, but not limited to where the Company determines that the Client has, willingly or not, abused the Company’s ‘Negative Balance Protection’ policy. This includes, but not limited to the Client hedging their exposure using multiple trading Accounts, whether under the same profile or in connection with another Client.
c) An issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding-up procedures involving the Client;
d) Client’s death or incapacity (please note that in the event of death, any funds available in the Client Account(s) shall form part of their estate);
e) a breach of any applicable law by the Client, including, but not limited to any applicable anti-money laundering laws and regulations;
f) the Client has acted contrary to the Company’s Order Execution Policy or any other of their Policies or procedures.
31.7. Upon termination of the Agreement the Company will transfer to the Client any amount available in their Account(s), net of any outstanding amount that is due to the Company, except where the Company is prohibited to do so by law.
31.8. The Company may amend this Agreement and any arrangements made hereunder at any time by written notice to the Client. The Client will be deemed to accept and agree to the amendment unless they notify the Company to the contrary within ten (10) Business days of the date of the amendment notice. If the Client does object to the amendment, the amendment will not be binding on them, but their account will be Suspended and they will be required to close their account as soon as is reasonably practicable.
Appears in 8 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 14 calendar Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions and cancel any Pending Orders;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set set-off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;, and cancel Pending Orders
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 6 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three five (35) Business Days Written Notice to the other Party.
24.226.2. We shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any part of the Agreement by you;
b) where we have reasonable grounds to believe that you have not acted in good faith, including, but not limited to where we determine that you have, willingly or not, abused our 'Negative Balance Protection' policy. This includes, but it is not limited to you hedging your exposure using multiple trading Accounts, whether under your same profile or in connection with another Client.
c) an issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding-up procedures involving you;
d) your death or incapacity (please note that in the event of death, any funds available in your Account(s) shall form part of your estate);
e) a breach of any applicable law by you, including, but not limited to any applicable anti-money laundering laws and regulations;
f) you have acted contrary to our ‘Order Execution Policy’ or any other of our policies or procedures.
26.3. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.4. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. a) Once notice of termination of this Agreement is sent and before the termination date:
(ab) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(bc) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(cd) The the Company will be entitled to refuse to accept new Orders from the Client;
(de) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 4 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 30 calendar Days Written Notice to the other Party.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert sums in any currency to another currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 4 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.125.1. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions at current prices;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 4 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 30 calendar Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 4 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Either Party may terminate this Agreement at any time and for whatever reason by giving providing at least three (3) Business 15 calendar Days Written Notice to the other Party.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert sums in any currency to another currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 4 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunderhereinafter.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitationnot limited to) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
31.6. The Company shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any party of the Agreement by the ▇▇▇▇▇▇
▇) where the Company has reasonable grounds to believe that the Client have not acted in good faith, including, but not limited to where the Company determines that the Client has, willingly or not, abused the Company’s ‘Negative Balance Protection’ policy. This includes, but not limited to the Client trading the gap, hedging their exposure using multiple trading Accounts either under the Company or different company, whether under the same profile or in connection with another Client. Further to the above, it should be noted that the Company reserves the right not to apply the Negative Balance protraction in event where the Negative Balance protraction was abused according to paragraph 31.6, or in Event of Default according to paragraph 15.
c) An issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding-up procedures involving the Client;
d) Client’s death or incapacity (please note that in the event of death, any funds available in the Client Account(s) shall form part of their estate);
e) a breach of any applicable law by the Client, including, but not limited to any applicable anti-money laundering laws and regulations;
f) the Client has acted contrary to the Company’s Order Execution Policy or any other of their Policies or procedures.
31.7. Upon termination of the Agreement the Company will transfer to the Client any amount available in their Account(s), net of any outstanding amount that is due to the Company, except where the Company is prohibited to do so by law.
31.8. The Company may amend this Agreement and any arrangements made hereunder at any time by written notice to the Client. The Client will be deemed to accept and agree to the amendment unless they notify the Company to the contrary within ten (10) Business days of the date of the amendment notice. If the Client does object to the amendment, the amendment will not be binding on them, but their account will be Suspended and they will be required to close their account as soon as is reasonably practicable.
Appears in 4 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
Termination and Results of Termination. 24.125.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 3 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
Termination and Results of Termination. 24.125.1. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions at current prices;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may applymayapply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 3 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.125.1. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open PositionsPositions at current prices;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In the absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him the Client with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third-party payments.
Appears in 3 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Either Party may terminate this Agreement at any time and for whatever reason by giving providing at least three (3) Business 15 calendar Days Written Notice to the other Party.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert sums in any currency to another currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty thirt party payments.
Appears in 3 contracts
Sources: Client Agreement, Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 5 calendar Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, Client and to consolidate the Balances in such Client Accounts and where this does not result in breaching the obligation to set off those Balancesapply the negative balance protection on an account basis;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each 27.1 Either Party may terminate this Agreement at any time and for whatever reason by giving providing at least three (3) Business 15 calendar Days Written Notice to the other Party.
24.2. 27.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 27.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 27.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;.
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);.
(c) The the Company will be entitled to refuse to accept new Orders from the Client;.
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 27.5 Upon Termination any or all the following may apply:
(a) The the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;.
(b) The the Company has the right to close the Client Account(s);.
(c) The the Company has the right to convert sums in any currency to another currency;.
(d) The the Company has the right to close out the Client’s Open Positions;.
(e) In in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunderhereinafter.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitationnot limited to) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
31.6. The Company shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any party of the Agreement by the ▇▇▇▇▇▇
▇) where the Company has reasonable grounds to believe that the Client have not acted in good faith, including, but not limited to where the Company determines that the Client has, willingly or not, abused the Company’s ‘Negative Balance Protection’ policy. This includes, but not limited to the Client trading (playing) the gap, hedging their exposure using multiple trading Accounts either under the company or different company, whether under the same profile or in connection with another Client. Further to the above, it should be noted that the Company reserves the right not to apply the Negative Balance protraction to Professional Clients in event where the Negative Balance protraction was abused according to paragraph 31.6, or in Event of Default according to paragraph 15.
c) An issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding-up procedures involving the Client;
d) Client’s death or incapacity (please note that in the event of death, any funds available in the Client Account(s) shall form part of their estate);
e) a breach of any applicable law by the Client, including, but not limited to any applicable anti-money laundering laws and regulations;
f) the Client has acted contrary to the Company’s Order Execution Policy or any other of their Policies or procedures.
31.7. Upon termination of the Agreement the Company will transfer to the Client any amount available in their Account(s), net of any outstanding amount that is due to the Company, except where the Company is prohibited to do so by law.
31.8. The Company may amend this Agreement and any arrangements made hereunder at any time by written notice to the Client. The Client will be deemed to accept and agree to the amendment unless they notify the Company to the contrary within ten (10) Business days of the date of the amendment notice. If the Client does object to the amendment, the amendment will not be binding on them, but their account will be suspended and they will be required to close their account as soon as is reasonably practicable.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
Termination and Results of Termination. 24.133.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.233.2. The Client has a right to terminate these Terms for a period of fourteen (14) days commencing on the date on which the Client has accepted these Terms. Where the Agreement has not been terminated within 14 days, it will continue to be in effect and be binding for the client, in accordance with the provisions contained herein.
33.3. Should the Client wish to terminate the Terms, a notice in writing should be sent to the contact details that are set out in Section 38 or electronically through the Live Chat Support of the Company.
33.4. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement Agreement, or any Transactions made hereunder.
24.333.5. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.433.6. Once a written notice of termination of this Agreement is sent and before the termination date:
(a) The 33.6.1. the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open Positions;Positions (the time of the closing of the open positions is at the discretion of the Company); and/or
(b) The 33.6.2. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);; and/or
(c) The 33.6.3. the Company will be entitled to refuse to accept new Orders from the Client;; and/or
(d) The 33.6.4. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.533.7. Upon Termination any or all the following may apply:
(a) The 33.7.1. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The 33.7.2. the Company has the right to close the Client Account(s);
(c) The 33.7.3. the Company has the right to convert any currency;
(d) The 33.7.4. the Company has the right to close out the Client’s Open Positions;
(e) In ; and in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client; and
33.7.5. The the Company has the right to refuse, at its discretion, to effect thirty party payments; and
33.7.6. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company; and
33.7.7. any pending fees/commissions of the Company and any other amount payable to the Company; and
33.7.8. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
33.7.9. any damages which arose during the arrangement or settlement of pending obligations.
33.8. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of section 33 herein, the Events of Default and not limited to the following cases:
33.8.1. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
33.8.2. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
33.8.3. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
33.8.4. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
33.8.5. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
33.8.6. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
33.8.7. The Client acts in a rude or abusive manner and/or threats to employees of the Company.
33.8.8. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
33.8.9. The Death of the Client in the cases of the Client being a physical person.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.1. 20.1 Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.2. 20.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 20.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 20.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 20.5 Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. Termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. Any pending fees/commissions of the Company and any other amount payable to the Company;
ii. Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement;
iii. Any damages which arose during the arrangement or settlement of pending obligations.
20.6 The Company may terminate this Agreement immediately without giving fifteen (15) Business Days’ notice in accordance with the terms of Clause 14 above herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client;
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement;
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken;
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law;
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority;
g. The Client act in a rude or abusive manner and/or threats to employees of the Company;
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
j. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
21.1 These Terms shall be governed by and construed in accordance with the Laws of the Saint ▇▇▇▇▇▇▇ and the Grenadines.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.11. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.22. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.33. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.44. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions at current prices;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.55. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
(f) Termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. Any pending fees/commissions of the Company and any other amount payable to the Company;
ii. Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement;
iii. Any damages which arose during the arrangement or settlement of pending obligations.
26.6. The Company may terminate this Agreement immediately without giving fifteen (15) Business Days’ notice in accordance with the terms of Clause 14 above herein ‘Events of Default’ and not limited to the following cases:
i. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client;
ii. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement;
iii. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken;
iv. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law;
v. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
vi. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority;
vii. The Client act in a rude or abusive manner and/or threats to employees of the Company;
viii. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
ix. The Death of the Client in the cases of the Client being a physical person.
x. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.134.1. Without prejudice to the Company’s rights under this Agreement Agreement, the Company has the right to terminate it immediately without any prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three fifteen (315) Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.234.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement Agreement, or any Transactions made hereunder.
24.334.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred expensesincurred or to be incurred by the Company as a result of the termination of the Agreement.
24.434.4. Once the notice of termination of this Agreement is sent and before the termination date:
(a) The 34.4.1. the Client will have an obligation to close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open Positions;Positions (the time of the closing of the open positions is at the discretion of the Company); and/or
(b) The 34.4.2. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);; and/or
(c) The 34.4.3. the Company will be entitled to refuse to accept new Orders from the Client;; and/or
(d) The 34.4.4. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.534.5. Upon Termination any or all the following may apply:
(a) The 34.5.1. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;; and
(b) The 34.5.2. the Company has the right to close the Client Account(s);; and
(c) The 34.5.3. the Company has the right to convert any currency;; and
(d) The 34.5.4. the Company has the right to close out the Client’s Open Positions;
(e) In ; and in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client; and
34.5.5. The the Company has the right to refuse, at its discretion, to effect thirty party payments; and
34.5.6. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company; and
34.5.7. any pending fees/commissions of the Company and any other amount payable to the Company; and
34.5.8. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
34.5.9. any damages which arose during the arrangement or settlement of pending obligations.
34.6. The Company may terminate this Agreement immediately without giving fifteen (15) Business Days’ notice in accordance with the terms of Section 34 herein, the Events of Default and not limited to the following cases:
34.6.1. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
34.6.2. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
34.7. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
34.8. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
34.9. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly functions of the Company’s Trading Platform.
34.10. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
34.11. The Client maintains an abusive behaviour and/or unreasonable behaviour and/or acts in a rude or abusive manner and/or threatens employees of the Company pursuant to Schedule A.
34.12. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
34.13. The Death of the Client in the cases of the Client being a physical person or is declared absentor becomes of unsound mind.
34.14. The Company has grounds to believe that the documentation provided from the Client has been tampered and does not reflect the true identity of the account owner.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice the to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three ten (310) Business Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.. Termination will be
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The 31.4.1. the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open Positions;Positions (the time of the closing of the open positions is at the discretion of the Company); and/or
(b) The 31.4.2. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);; and/or
(c) The 31.4.3. the Company will be entitled to refuse to accept new Orders from the Client;; and/or
(d) The 31.4.4. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The 31.5.1. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;; and
(b) The 31.5.2. the Company has the right to close the Client Account(s);; and
(c) The 31.5.3. the Company has the right to convert any currency;; and
(d) The 31.5.4. the Company has the right to close out the Client’s Open Positions;
(e) In ; and in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from or
31.5.5. the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments; and
31.5.6. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company; and
31.5.7. any pending fees/commissions of the Company and any other amount payable to the Company; and
31.5.8. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
31.5.9. any damages which arose during the arrangement or settlement of pending obligations.
31.6. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of section 27 herein, the Events of Default and not limited to the following cases:
31.6.1. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
31.6.2. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the
31.7. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
31.8. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
31.9. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
31.10. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
31.11. The Client acts in a rude or abusive manner and/or threats to employees of the Company.
31.12. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
31.13. The Death of the Client in the cases of the Client being a physical person.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 5 Business Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;Balances;
(b) The Company has the right to close the Client Account(s);Account(s);
(c) The Company has the right to convert any currency;currency;
(d) The Company has the right to close out the Client’s Open Positions;Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 30 Calendar Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client suchClient Accounts where this does not result in breaching the obligation to apply the negative balance protection on an account basis, as and to set off those Balancesif applicable; ;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.129.1. Without prejudice to the Company’s rights right under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three ten (310) Business Days Written Notice to the other Party.
24.229.2. In the event the Client has breached any of the terms of the present Agreement and/or any regulatory authority requests from the Company to terminate the Account with immediate effect, then the Company reserves its rights to terminate this Agreement immediately and without prior notice. Termination of the Agreement shall not imply that any of the Client’s responsibilities cease to exist. In such an event the Company bares no liability if the Client suffers any loses as a result of such termination.
29.3. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions transactions made hereunder.
24.329.4. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.429.5. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his their Open Positions. If he the Client fails to do so, upon termination, the Company will close any remaining Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) Platform or may limit the functionalities the Client is allowed to use on the Platform(s)Platform;
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client their Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.529.6. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Client’s Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s)Client’s Account;
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amountsamount. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Termination and Results of Termination. 24.125.1. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;Positions at current prices; @▇▇▇▇▇▇▇▇.▇▇▇
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may applymayapply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.125.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 5 Business Days Written Notice to the other Party.
24.225.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.325.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.425.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.525.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;Balances;
(b) The Company has the right to close the Client Account(s);Account(s);
(c) The Company has the right to convert any currency;currency;
(d) The Company has the right to close out the Client’s Open Positions;Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amountspracticable. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement The client may request to terminate it immediately without the agreement with MTG Liquidity with prior notice to the Client, each Party may terminate this Agreement by giving of at least three (3) Business Days Written Notice to the other Party30 calendar days.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding outstand- ing costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, and to consolidate the Balances in such Client Accounts where this does not result in breaching the obligation to apply the negative balance protection on an account basis, as and to set off those Balancesif applicable;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client Client, as soon as reasonably practicable practicable, and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. 24.1 Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) Business Days Written Notice to the other Party.
24.2. 24.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 24.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 24.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) a. The Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) b. The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) c. The Company will be entitled to refuse to accept new Orders from the Client;
(d) d. The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 24.5 Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 30 calendar Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert sums in any currency to another currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert any currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. any pending fees/commissions of the Company and any other amount payable to the Company;
ii. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
iii. any damages which arose during the arrangement or settlement of pending obligations.
26.6. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of Paragraph 25 herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
g. The Client acts in a rude or abusive manner and/or threats to employees of the Company.
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each 27.1 Either Party may terminate this Agreement at any time and for whatever reason by giving providing at least three (3) Business 15 calendar Days Written Notice to the other Party.
24.2. 27.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 27.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 27.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 27.5 Upon Termination any or all the following may apply:
(a) The the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The the Company has the right to close the Client Account(s);
(c) The the Company has the right to convert sums in any currency to another currency;
(d) The the Company has the right to close out the Client’s Open Positions;
(e) In in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination Termination, any or all the following may apply:
(a) The the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The the Company has the right to close the Client Account(s);
(c) The the Company has the right to convert any currency;
(d) The the Company has the right to close out the Client’s Open Positions;
(e) In in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f) termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i) any pending fees/commissions of the Company and any other amount payable to the Company;
ii) any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
iii) Any damages which arose during the arrangement or settlement of pending obligations.
27.6. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of Paragraph 25 herein ‘Events of Default’ and not limited to the following cases:
a) The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
b) The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement
c) Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
d) Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
e) The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f) The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
g) The Client acts in a rude or abusive manner and/or threats to employees of the Company.
h) False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i) The Death of the Client in the cases of the Client being a physical person.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. 23.1 Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.2. 23.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 23.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 23.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 23.5 Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriatewhereappropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. Termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. Any pending fees/commissions of the Company and any other amount payable to the Company;
ii. Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement;
iii. Any damages which arose during the arrangement or settlement of pending obligations.
23.6 The Company may terminate this Agreement immediately without giving fifteen (15) Business Days’ notice in accordance with the terms of Clause 14 above herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client;
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement;
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken;
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law;
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority;
g. The Client act in a rude or abusive manner and/or threats to employees of the Company;
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
j. The Company has grounds to believe that the Client’s trading activity affects in any mannerthe reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunderhereinafter.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitationnot limited to) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
31.6. The Company shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any party of the Agreement by the ▇▇▇▇▇▇
▇) where the Company has reasonable grounds to believe that the Client have not acted in good faith, including, but not limited to where the Company determines that the Client has, willingly or not, abused the Company’s ‘Negative Balance Protection’ policy. This includes, but not limited to the Client hedging their exposure using multiple trading Accounts, whether under the same profile or in connection with another Client.
c) An issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding‐up procedures involving the Client;
d) Client’s death or incapacity (please note that in the event of death, any funds available in the Client Account(s) shall form part of their estate);
e) a breach of any applicable law by the Client, including, but not limited to any applicable anti‐money laundering laws and regulations;
f) the Client has acted contrary to the Company’s Order Execution Policy or any other of their Policies or procedures.
31.7. Upon termination of the Agreement the Company will transfer to the Client any amount available in their Account(s), net of any outstanding amount that is due to the Company, except where the Company is prohibited to do so by law.
31.8. The Company may amend this Agreement and any arrangements made hereunder at any time by written notice to the Client. The Client will be deemed to accept and agree to the amendment unless they notify the Company to the contrary within ten (10) Business days of the date of the amendment notice. If the Client does object to the amendment, the amendment will not be binding on them, but their account will be Suspended and they will be required to close their account as soon as is reasonably practicable.
Appears in 1 contract
Sources: Terms and Conditions
Termination and Results of Termination. 24.122.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.222.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.322.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.422.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.522.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert any currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. any pending fees/commissions of the Company and any other amount payable to the Company;
ii. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
iii. any damages which arose during the arrangement or settlement of pending obligations.
22.6. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of Paragraph 23 herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
g. The Client acts in a rude or abusive manner and/or threats to employees of the Company.
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
j. The Company has grounds to believe that the Client’s trading activity affects in any manner the
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The a. the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The b. the Company has the right to close the Client Account(s);
(c) The c. the Company has the right to convert any currency;
(d) The d. the Company has the right to close out the Client’s Open Positions;
(e) In e. in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. any pending fees/commissions of the Company and any other amount payable to the Company;
ii. any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement; and
iii. any damages which arose during the arrangement or settlement of pending obligations.
26.6. The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of Paragraph 25 herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
g. The Client acts in a rude or abusive manner and/or threats to employees of the Company.
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.127.1. Without prejudice to the Company’s rights under this Agreement The client may request to terminate it immediately without the agreement with MTG Liquidity with prior notice to the Client, each Party may terminate this Agreement by giving of at least three (3) Business Days Written Notice to the other Party30 calendar days.
24.227.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.327.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding outstand- ing costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.427.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.527.5. Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, and to consolidate the Balances in such Client Accounts where this does not result in breaching the obligation to apply the negative balance protection on an account basis, as and to set off those Balancesif applicable;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client Client, as soon as reasonably practicable practicable, and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. 36.1 Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.236.2 The Client has a right to terminate these Terms for a period of fourteen (14) days commencing on the date on which the Client has accepted these Terms. Where the Agreement has not been terminated within 14 days, it will continue to be in effect and be binding for the client, in accordance with the provisions contained herein.
36.3 Should the Client wish to terminate the Terms, a notice in writing should be sent to the contact details that are set out in Section 47.
36.4 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement Agreement, or any Transactions made hereunder.
24.3. 36.5 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 36.6 Once a written notice of termination of this Agreement is sent and before the termination date:
(a) The 36.6.1 the Client will have an obligation close all his their Open Positions. If he fails they fail to do so, upon termination, the Company will close any Open Positions;Positions (the time of the closing of the open positions is at the discretion of the Company); and/or
(b) The 36.6.2 the Company will be entitled to cease to grant the Client access to the Platform(s) Platform or may limit the functionalities the Client is allowed to use on the Platform(s);Platform; and/or
(c) The 36.6.3 the Company will be entitled to refuse to accept new Orders from the Client;; and/or
(d) The 36.6.4 the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 36.7 Upon Termination any or all the following may apply:
(a) The 36.7.1 the Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The 36.7.2 the Company has the right to close the Client Account(s);
(c) The 36.7.3 the Company has the right to convert any currency;
(d) The 36.7.4 the Company has the right to close out the Client’s Open Positions;
(e) In ; and in absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him them with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to with the Client’s Instructions to the Client. It is understood that the Company will effect affect payments only to an account in the name of the Client. The ;
36.7.5 the Company has the right to refuse, at its discretion, to effect thirty third party payments;
36.7.6 termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company;
36.7.7 any pending fees/commissions of the Company and any other amount payable to the Company;
36.7.8 any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement;
36.7.9 any damages which arose during the arrangement or settlement of pending obligations.
36.8 The Company may terminate this Agreement immediately without giving 15 Business Days’ notice in accordance with the terms of section 37 herein, the Events of Default and not limited to the following cases:
36.8.1 The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client.
36.8.2 The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement.
36.8.3 Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken.
36.8.4 Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law.
36.8.5 The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
36.8.6 The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority.
36.8.7 The Client acts in a rude or abusive manner and/or threats to employees of the Company.
36.8.8 False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
36.8.9 The Death of the Client in the cases of the Client being a physical person.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. 23.1 Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party. Termination will be without prejudice to Transactions already initiated. In the case of such termination, all pending Transactions on behalf of the Client shall be cancelled and any open positions shall be closed. Upon termination of this Agreement the Company will be entitled, without prior notice to the Client, to cease the access of the Client to the Company’s Trading Platform.
24.2. 23.2 Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.3. 23.3 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.4. 23.4 Once notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions (the time of the closing of the open positions is at the discretion of the Company);
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. 23.5 Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
f. Termination shall not in any case affect the rights which have arisen, existing commitments and/or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay to the Company:
i. Any pending fees/commissions of the Company and any other amount payable to the Company;
ii. Any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of this agreement;
iii. Any damages which arose during the arrangement or settlement of pending obligations.
23.6 The Company may terminate this Agreement immediately without giving fifteen (15) Business Days’ notice in accordance with the terms of Clause 14 above herein ‘Events of Default’ and not limited to the following cases:
a. The Client violates and/or breaches any part and/or term within this Agreement and/or any documentation that forms part of this Agreement provided by the Company to the Client;
b. The Client’s involvement in, but not limited to, any criminal and/or fraud and/or illegal action and/or omission whether against the Client and/or in turn adverse implications to and/or involvement of the Company deriving from and/or is linked in connection with the Client’s involvement and/or in which it places the Company’s interests and/or any Company’s Clients interests at risk prior to terminating the Agreement;
c. Should any application be made and/or any order is issued and/or a meeting is convened and/or a resolution is approved and/or any measures of bankruptcy and/or winding up of the Client are taken;
d. Such termination is required by any Competent Regulatory Authority and/or Governmental Body and/or Court of Law;
e. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
f. The Client has failed to provide any information related to any investigation or/and verification undertaken by the Company or/and any other Competent Authority;
g. The Client act in a rude or abusive manner and/or threats to employees of the Company;
h. False and/or misleading information provided by the Client or unsubstantiated declarations made herein.
i. The Death of the Client in the cases of the Client being a physical person.
j. The Company has grounds to believe that the Client’s trading activity affects in any manner the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving bygiving at least three (3) Business Days Written Notice to the other Party.
24.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under arisenunder the Agreement or any Transactions made hereunder.
24.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of terminationof the Agreement.
24.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or Platform(s)or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions closepositions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.11. The Client may terminate this Agreement with Written Notice to the Company at any time. Without prejudice to the Company’s rights under this Agreement Agree- ment to terminate it immediately without prior notice to the Client, each Party the Company may terminate this the Agreement by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.22. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.33. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable pa- yable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.44. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open PositionsPosi- tions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions at current prices;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw wi- thdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.55. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts Ac- counts of the Client, to consolidate the Balances in such Client Accounts Ac- counts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open PositionsPositions at current prices;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement state- ment showing how that Balance was arrived at and, where appropriateappropria- te, instruct any Nominee or/and any Custodian to also pay any applicable appli- cable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 10 Business Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement by giving at least three (3) 10 Business Days Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;Balances;
(b) The Company has the right to close the Client Account(s);Account(s);
(c) The Company has the right to convert any currency;currency;
(d) The Company has the right to close out the Client’s Open Positions;Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.131.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) 15 Business Days Written Notice to the other Party.
24.231.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunderhereinafter.
24.331.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitationnot limited to) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.431.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.531.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
31.6. The Company shall terminate the Agreement with immediate effect, notwithstanding any other action, in the event of:
a) a breach of any party of the Agreement by the ▇▇▇▇▇▇
▇) where the Company has reasonable grounds to believe that the Client have not acted in good faith, including, but not limited to where the Company determines that the Client has, willingly or not, abused the Company’s ‘Negative Balance Protection’ policy. This includes, but not limited to the Client trading (playing) the gap, hedging their exposure using multiple trading Accounts either under the company or different company, whether under the same profile or in connection with another Client. Further to the above, it should be noted that the Company reserves the right not to apply the Negative Balance protraction to Professional Clients in event where the Negative Balance protraction was abused according to paragraph 31.6, or in Event of Default according to paragraph 15.
c) An issuance of an application, order, resolution or other announcement in relation to bankruptcy or winding-up procedures involving the Client;
d) Client’s death or incapacity (please note that in the event of death, any funds available in the Client Account(s) shall form part of their estate);
e) a breach of any applicable law by the Client, including, but not limited to any applicable anti-money laundering laws and regulations;
f) the Client has acted contrary to the Company’s Order Execution Policy or any other of their Policies or procedures.
31.7. Upon termination of the Agreement the Company will transfer to the Client any amount available in their Account(s), net of any outstanding amount that is due to the Company, except where the Company is prohibited to do so by law.
31.8. The Company may amend this Agreement and any arrangements made hereunder at any time by written notice to the Client. The Client will be deemed to accept and agree to the amendment unless they notify the Company to the contrary within ten (10) Business days of the date of the amendment notice. If the Client does object to the amendment, the amendment will not be binding on them, but their account will be suspended and they will be required to close their account as soon as is reasonably practicable.
Appears in 1 contract
Sources: Terms and Conditions
Termination and Results of Termination. 24.123.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business 14 calendar Days Written Notice to the other Party.
24.223.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.323.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.423.4. Once the notice of termination of this Agreement is sent and before the termination date:
(a) The a. the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open PositionsPositions and cancel any Pending Orders;
(b) The b. the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The c. the Company will be entitled to refuse to accept new Orders orders from the Client;
(d) The d. the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which that have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.523.5. Upon Termination any or all the following may apply:
(a) a. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set set-off those Balances;
(b) b. The Company has the right to close the Client Account(s);
(c) c. The Company has the right to convert any currency;
(d) d. The Company has the right to close out the Client’s Open Positions;, and cancel Pending Orders
(e) e. In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to with the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments.
Appears in 1 contract
Sources: Client Agreement
Termination and Results of Termination. 24.126.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least three (3) Business Days 30 calendar Days, Written Notice to the other Party.
24.226.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
24.326.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
24.426.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) The the Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) The the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The the Company will be entitled to refuse to accept new Orders from the Client;
(d) The the Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
24.526.5. Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, and to consolidate the Balances in such Client Accounts where this does not result in breaching the obligation to apply the negative balance protection on an account basis, as and to set off those Balancesif applicable;
(b) The Company has the right to close the Client Account(s);
(c) The Company has the right to convert any currency;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favorfavour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client Client, as soon as reasonably practicable practicable, and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty third party payments.
Appears in 1 contract
Sources: Client Agreement