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15. Market abuse

 

15. Market abuse

 

     15.1 When you enter into a Contract with us, we may hedge our liability to you by opening analogous positions with third party institutions we select at our discretion. Accordingly, your Contracts may have an impact on the external market for that Underlying Instrument which may create the possibility of market abuse.

 

     15.2 You represent and warrant to us and agree that each such representation and warranty is deemed repeated each time you give us an Instruction under the Agreement and that you will not give, and have not given, an Instruction to us:

 

          15.2.1 if to do so would result in you, or others with whom you are acting in concert, having an interest in the price of the Underlying Instrument which is equal to or exceeds the amount of a declarable interest in the Underlying Instrument;

 

          15.2.2 in connection with:

 

               (a) a placing, issue, distribution or other analogous event;

 

               (b) an offer, takeover, merger or other similar event;

 

               (c) any corporate finance activity; or

 

          15.2.3 that contravenes any legislation against insider dealing, market manipulation or any other form of market abuse or market misconduct.

 

     15.3   In the event that you are in breach of any of the representations and warranties given in clause 13 above, or we have reasonable grounds for suspecting that you are, we may, at our absolute discretion and without being under any obligation to inform you of our reason for doing so:

 

          15.3.1 crystalise, unwind, reverse, repair or close any Open Positions by closing an open Contract; and/or

 

          15.3.2 nominate the date on which the open Contracts are valued; and/or

 

          15.3.3 nominate the methodology used to calculate the open Contracts’ value; and/or

 

          15.3.4 cancel any Orders; and/or

 

          15.3.5 void an Instruction as if it had never taken place; and/or

 

          15.3.6 refuse to accept or execute any Instructions; and/or

 

          15.3.7 suspend your Account; and/or

 

          15.3.8 open one or more new Contracts on your Account; and/or

 

          15.3.9 call on any guarantee in respect of your obligations; and/or

 

          15.3.10 retain any amount owed by us to you against any contingent liability of yours to us or so long as the contingency subsists; and/or

 

          15.3.11 exercise our rights of set-off under these Terms; and/or

 

          15.3.12 terminate the Agreement, close your Account and refuse to accept or execute any further Instructions; and/or

 

          15.3.13 take all such other actions as we consider to be reasonable in the circumstances to protect us, our Associated Companies or any of our other clients; and/or

 

          15.3.14 treat all your Instructions as void if they are Instructions under which you have secured a profit, unless you provide us with conclusive evidence to our satisfaction within thirty (30) days that you are not in breach of any of the representations and warranties at clause 13.

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