No Broker or Dealer. Neither the Company nor any of its subsidiaries (A) is required to register as a “broker” or “dealer” in accordance with the provisions of the 1934 Act or the 1934 Act Regulations, or (B) directly, or indirectly through one or more intermediaries, controls or has any other association (within the meaning of Article I of the By-laws of FINRA) with any member firm of FINRA, except that a subsidiary of the Company has contractually established a third party brokerage arrangement with an unaffiliated broker-dealer consistent with the exception in the definition of a “broker” in Section 3(a)(4)(B)(i) of the 1934 Act and one or more of the Company’s or its subsidiary’s employees are registered with and conduct securities business for clients through that broker-dealer.
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Samples: Underwriting Agreement (WashingtonFirst Bankshares, Inc.), Underwriting Agreement (QCR Holdings Inc), Underwriting Agreement (Old Second Bancorp Inc)
No Broker or Dealer. Neither the Company nor any of its subsidiaries (A) is required to register as a “broker” or “dealer” in accordance with the provisions of the 1934 Act or the 1934 Act Regulations, or (B) directly, or indirectly through one or more intermediaries, controls controls, is controlled by or has is under common control with any other association member firm or an associated person of a member firm (within the meaning of Article I of the By-laws of the FINRA) with any member firm of FINRA, except that a subsidiary of the Company has contractually established a third third-party brokerage arrangement with an unaffiliated broker-dealer consistent with the exception in the definition of a “broker” in Section 3(a)(4)(B)(i) of the 1934 Act and one or more of the Company’s or its subsidiary’s employees are registered with and conduct securities business for clients through that broker-dealer.Section
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