The Introducing Clause Samples

The Introducing. Firm represents and warrants as follows: (i) The Introducing Firm is in compliance, and during the term of this Agreement will remain in compliance with (a) the capital requirements of the SEC, the NASD, if applicable, and all applicable Exchanges and (b) the capital requirements of every state in which the Introducing Firm is licensed as a broker/dealer. (ii) The Introducing Firm will immediately notify Schroder should it be in violation of the net capital rules and regulations of any regulatory or self-regulatory organization to whose jurisdiction the Introducing Firm is subject. (iii) The Introducing Firm is a member in good standing of the NASD. The Introducing Firm will promptly notify Schroder of any changes in its exchange or association memberships or affiliations. (iv) The Introducing Firm is and during the term of this Agreement will remain duly registered or licensed and in good standing as a broker/dealer under all applicable Federal and state laws, rules and regulations as well as under the constitutions, rules and regulations of all applicable self-regulatory organizations. (v) The Introducing Firm shall keep confidential any information it may acquire as a result of this Agreement regarding the business and affairs of the Clearing Firm, which requirement shall survive the termination of this Agreement.

The Introducing. Firm represents and warrants to the Partnership and the General Partner: (i) The Introducing Firm is a corporation duly organized and validly existing and in good standing under the laws of the State of __________, is a member in good standing of the NASD and has full power and authority to act as selling agent in the manner contemplated by this Agreement. It is in good standing and qualified to do business in each jurisdiction in which the nature or conduct of its business requires such qualification and the failure to be duly qualified would materially adversely affect its ability to perform its obligations hereunder. (ii) The Introducing Firm is in good standing and in compliance with all applicable broker-dealer registration requirements in the places where it engages in the activities contemplated herein and all such laws and applicable rules and regulations of the NASD and other self-regulatory organizations. (iii) In particular, and not by way of limitation, the Introducing Firm represents and warrants that it is aware of NASD Rule 2810 and that it will comply fully with all the terms thereof to the extent Appendix F applies to the conduct contemplated herein. (iv) The Introducing Firm and its representatives have all required federal and state governmental and regulatory approvals and licenses and have effected all filings and registrations with federal and state governmental and regulatory agencies required to conduct its business and to perform their obligations under this Agreement. The performance of the obligations of the Introducing Firm under this Agreement will not violate or result in a breach of any provisions of its Articles of Incorporation or bylaws or any agreement, instrument, order, law or regulation binding upon it.

The Introducing. Firm shall keep confidential any information it may acquire as a result of this Agreement regarding the business and affairs of the Clearing Firm, which requirement shall survive the life of this Agreement.

The Introducing. Firm's commissions receivable and other receivables from the Clearing Firm (excluding clearing deposits) that are otherwise allowable assets under the net capital rule shall be excluded from the PAIB reserve computation if the amounts have been clearly identified as receivables on the Introducing Firm's books and records of and as payables on the books of the Clearing Firm.

The Introducing. Firm represents that it is not a guaranteed subsidiary of a clearing broker and that it is not a guarantor of a clearing broker. The Introducing Firm also represents that it will immediately notify the Clearing Firm in the event that either of the foregoing representations becomes inaccurate.

The Introducing. Firm shall keep confidential any information it may acquire as a result of this Agreement regarding the business and affairs of the Clearing Firm (including the terms of this Agreement), which requirement shall survive the life of this Agreement. Notwithstanding the preceding sentence, if any party requests, subpoenas or otherwise seeks to obtain confidential information concerning the Clearing Firm that is in the possession of the Introducing Firm, the Introducing Firm will, to the extent permitted by applicable law or regulation: (i) give the Clearing Firm prompt notice thereof; and, (ii) tender any available defenses against providing such information to the Clearing Firm. That notwithstanding, the Clearing Firm understands that the Introducing Firm will comply with all applicable law or regulation in connection with said request or subpoena.

The Introducing. Firm shall promptly provide the Clearing Firm with reasonably detailed information related to all actions, suits, investigations, inquiries, or other proceedings (formal or informal) pending, or known to be contemplated, against or affecting it before any court, arbitrator or other governmental authority that might have a material impact on the financial condition or business prospects of the Introducing Firm. The Introducing Firm shall provide the Clearing Firm with this information in writing and within ten (10) business days of the initiation of such event.