Common use of Nothing in Section 3 Clause in Contracts

Nothing in Section 3. 1 shall prohibit the Stockholder from (i) owning a limited partnership interest in BlueStream Ventures L.P. or (ii) owning or acquiring securities of any corporation or other business enterprise that may be engaged in activities described in Section 3.1, provided that, in the case of clause (ii), (x) such securities are held by the Stockholder for investment purposes only and represent less than 5% of the total voting power and of the total equity interests of such corporation or business enterprise and (y) such securities are listed on a national securities exchange or are regularly quoted in the over-the-counter market by one or more members of the National Association of Securities Dealers.