WHAT CONSTITUTES AN EVENT OF DEFAULT Clause Samples

POPULAR SAMPLE Copied 1 times
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.2: (a) an Insolvency Event occurs in relation to you; (b) you are an individual and you die or become of unsound mind; (c) you fail to provide any Margin or other sum due under this Client Agreement in respect of any Contracts, or the Margin held by us in respect of any open Contracts falls below our Margin Requirements; (d) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading; (e) you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way; (f) any fee or other payments due to us are not paid in accordance with this Client Agreement; (g) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time; (h) at any time or for any period deemed unreasonable by us you are not contactable or you do not respond to any notice or correspondence from us; (i) we reasonably believe it is prudent for us to take any or all of the actions described in clause 14.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; (j) we consider that there are abnormal trading conditions; (k) we consider it necessary for the protection of our rights under this Client Agreement; (l) we are unable to quote price in the Product due to the unavailability of the relevant market information for reasons beyond our control; (m) we consider that you may be in breach of or have failed to comply any Applicable Law; (n) we are so requested by ASIC or any other regulatory body or authority; (o) the aggregate of your Order and all other Orders for a Contract is outside the Normal Trading Size; (p) where we have not received, within ten days of a written request, all information which we have requested in connection with this Agreement; (q) any restriction on your Contract size is, or is likely to be, exceeded; (r) where the further provisions regarding Event of...
View SourceView Similar (15)
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 15.2: a. an Insolvency Event occurs in relation to you; b. you are an individual and you die or become of unsound mind; c. you fail to provide any Margin or other sum due under this Client Agreement in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements subject to the Negative Balance Protection; d. you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
View SourceView Similar (2)
WHAT CONSTITUTES AN EVENT OF DEFAULT. The following constitute events of default, which upon their occurrence give us the right to take action in accordance with Clause 15.2: a. An insolvency event occurs in relation to you; b. You are an individual and you die or become of unsound mind;
View SourceView Similar (2)
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 18.2: 18.1.1 an Insolvency Event occurs in relation to you; 18.1.2 you are an individual and you die or become of unsound mind;
View SourceView Similar (2)
WHAT CONSTITUTES AN EVENT OF DEFAULT. Any of the following events constitutes Events of Default, which upon their occurrence give us the right to take action in accordance with clause 7.2: (a) an Insolvency Event occurs in relation to you; (b) you are an individual and you die or become of unsound mind; (c) you are in breach of any obligation, warranty or representation made under this Client Agreement and/or any information provided to us in connection with this Client Agreement is or has become untrue or misleading;
View SourceView Similar (2)
WHAT CONSTITUTES AN EVENT OF DEFAULT. The following constitute events of default, which upon their occurrence give us the right to take action in accordance with Clause 8.2: a. An insolvency event occurs in relation to you; b. You are an individual and you die or become of unsound mind; c. You are in breach of any warranty or representation made under this Agreement and/or any information provided to us in connection with this Agreement is or has become untrue or misleading; d. Any fee due to us is not paid in accordance with this Agreement; e. Whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time; f. At any time or for any period deemed reasonable by us you are not contactable or you do not respond to any notice or correspondence from us; g. We reasonably believe it is prudent for us to take any or all of the actions described in Clause 8.2 in light of any relevant legal or regulatory requirement applicable either to you or to us; h. We reasonably consider that there are abnormal trading conditions; i. We reasonably consider it necessary for the protection of our rights under this Agreement; j. We consider that you may be in breach of any applicable law; k. We are so requested by ASIC, AUSTRAC or any other regulatory body or authority;
View Source
WHAT CONSTITUTES AN EVENT OF DEFAULT. The following constitute Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.2: a) an Insolvency Event occurs in relation to you; b) you are an individual and you die or become of unsound mind; c) you fail to provide any Margin or other sum due under this Agreement in respect of any Margin FX Contract, or the Margin held by us in respect of any open Positions falls below our Margin Requirements; d) you are in breach of any warranty or representation made under this Agreement and/or any information provided to us in connection with this Agreement is or has become untrue or misleading; e) any fee due to us is not paid in accordance with this Agreement; f) whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us in time; g) at any time or for any period deemed reasonable by us you are not contactable or you do not respond to any notice or correspondence from us;
View Source

Related to WHAT CONSTITUTES AN EVENT OF DEFAULT

  • Actions following an Event of Default On, or at any time after, the occurrence and during the continuation of an Event of Default: (a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall: (i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or (ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or (iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or (b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.

  • Notification of Event of Default Borrower shall notify Agent immediately of the occurrence of any Event of Default.

  • Consequences of Event of Default (a) Upon the occurrence of an Event of Default, the Company shall promptly deliver written notice thereof to the Holder. If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority), then, and in each and every such case (other than an Event of Default specified in Section 2.4(h) or Section 2.4(i) with respect to the Company or any of its Significant Subsidiaries), unless the principal of the Note shall have already become due and payable, the Holder may by notice in writing to the Company, declare 100% of the outstanding principal of, and accrued and unpaid interest on, the Note to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable. If an Event of Default specified in Section 2.4(h) or Section 2.4(i) with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the outstanding principal of, and accrued and unpaid interest on, the Note shall become and shall automatically be immediately due and payable without any action on the part of the Holder. (b) Subsection (a) above, however, is subject to the conditions that if, at any time after the outstanding principal of the Note shall have been so declared due and payable, and before any judgment or decree for the payment of the monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or shall deposit with the Holder a sum sufficient to pay installments of accrued and unpaid interest upon the Note and the outstanding principal of the Note that shall have become due otherwise than by acceleration (with interest on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable Law, and on such principal at the rate per annum borne by the Note plus one percent), and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under the Note, other than the nonpayment of the principal of and accrued and unpaid interest on the Note that shall have become due solely by such acceleration, shall have been cured or waived, then and in every such case the Holder, by written notice to the Company, may waive all default or Events of Default with respect to the Note and rescind and annul such declaration and its consequences and such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the Note; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Event of Default, or shall impair any right consequent thereon.

  • Waiver of Event of Default The Majority Certificateholders may, on behalf of all Certificateholders, by notice in writing to the Trustee, direct the Trustee to waive any events permitting removal of any Master Servicer under this Agreement, provided, however, that the Majority Certificateholders may not waive an event that results in a failure to make any required distribution on a Certificate without the consent of the Holder of such Certificate. Upon any waiver of an Event of Default, such event shall cease to exist and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other event or impair any right consequent thereto except to the extent expressly so waived. Notice of any such waiver shall be given by the Trustee to the Rating Agency.

  • EFFECT OF AN EVENT OF DEFAULT If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.