Common use of Compliance with FINRA Rules Clause in Contracts

Compliance with FINRA Rules. Notwithstanding any provision of this Agreement to the contrary, if the Partnership invests in Securities that are part of a “new issue” within the meaning of the rules of the Financial Industry Regulatory Authority, Inc. (formerly, NASD, Inc.) (“FINRA”) (including Rule 5130 and Rule 5131), such investment shall be made in accordance with all applicable FINRA rules. In furtherance (but not limitation) of the preceding sentence, to the extent necessary to comply with FINRA rules (as determined by the General Partner in its reasonable discretion) only those Partners that have established through written representations satisfactory to the General Partner that they do not fall within the proscription of such rules with regard to any specific new issue Securities shall have a beneficial interest in such new issue Securities through their interest in the Partnership. Under no circumstance shall the General Partner be deemed in breach of any duty to the Partnership by virtue of causing the Partnership to decline an opportunity to invest in a new issue Security.