Exhibit 4.1Limited Liability Company Operating Agreement • March 15th, 2007 • ML Systematic Momentum FuturesAccess LLC • Delaware
Exhibit 10.2 THE MERRILL LYNCH FUTURESACCESS(SM) PROGRAM SELLING AGREEMENT Private Placement of Limited Liability Company Units Effective as of October 31, 2004Selling Agreement • March 15th, 2007 • ML Systematic Momentum FuturesAccess LLC • New York
THE MERRILL LYNCH FUTURESACCESSSM PROGRAM SELLING AGREEMENT Private Placement of Limited Liability Company Units Effective as of October 31, 2004 MERRILL LYNCH ALTERNATIVE INVESTMENTS LLC Manager MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED...Selling Agreement • November 14th, 2007 • ML Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers • New York
Your affiliate, Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (referred to herein in its individual capacity and as manager as the “Manager” or “MLAI”), has caused the formation of a group of managed futures funds comprising the Merrill Lynch FuturesAccessSM Program (the “Program”) which, at the effective date hereof, consist of the four limited liability companies formed pursuant to the Limited Liability Company Act of the State of Delaware (the “DLLCA”) and listed in the Schedule of Companies (the “Schedule”) attached hereto as the Appendix. Each company within the Program is hereinafter referred to as a “FuturesAccess Fund.” It is intended that the terms and conditions of this Selling Agreement (the “Agreement”) shall apply to and be binding upon any company which subsequently becomes a FuturesAccess Fund (each a “New FuturesAccess Fund”) and, likewise, shall cease to apply to any company which ceases, for whatever reason, to be a FuturesAccess Fund
SYSTEMATIC MOMENTUM FUTURESACCESS LLC THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENTLimited Liability Company Operating Agreement • November 13th, 2013 • Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers • Delaware
THE UNITS OF LIMITED LIABILITY COMPANY INTEREST CREATED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES ACT, AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER APPLICABLE SECURITIES LAWS AND WITH THE CONSENT OF THE SPONSOR.
AMENDMENT TO THE OPERATING AGREEMENTOperating Agreement • October 4th, 2012 • Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers
THIS AMENDMENT TO THE SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT dated as of February 29, 2012 (the “Agreement”) of Systematic Momentum FuturesAccess LLC is made as of September 30, 2012 (the “Amendment”) by Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”) and the Investors. Capitalized terms used herein but not defined shall have the same meanings assigned to them in the Agreement.
Exhibit 4.2Program Subscription Agreement • March 15th, 2007 • ML Systematic Momentum FuturesAccess LLC • New York
FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENTLimited Liability Company Operating Agreement • August 25th, 2015 • Man FRM Managed Futures Strategies LLC • Commodity contracts brokers & dealers • Delaware
AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENTLimited Liability Company Operating Agreement • March 31st, 2010 • ML Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers • Delaware
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Agreement”) dated November 30, 2009 of ML Systematic Momentum FuturesAccess LLC (“Systematic Momentum FuturesAccess”) by and among Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”), and those persons who shall invest in the units of limited liability company interest (“Units”) created pursuant to this Agreement — Class A, Class C, Class D Class I and such other classes as may be established in the future — and shall therefore be admitted as members (such members being hereinafter sometimes referred to collectively as “Investors”; provided that for purposes of voting, Units held by the Sponsor shall not be considered to be held by an Investor).
AMENDMENT TO THE OPERATING AGREEMENTOperating Agreement • November 13th, 2013 • Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers
THIS AMENDMENT TO THE THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT dated as of November 30, 2012 (the “Agreement”) of Systematic Momentum FuturesAccess LLC is made as of September 30, 2013 (this “Amendment”) by Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”), and the Investors. Capitalized terms used herein, but not defined, shall have the same meanings assigned to them in the Agreement.
LIMITED LIABILITY COMPANY OPERATING AGREEMENTOperating Agreement • November 14th, 2007 • ML Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers • Delaware
THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Agreement”) dated March 8, 2007 of ML Systematic Momentum FuturesAccess LLC (“Systematic Momentum FuturesAccess”) by and among Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”), and those persons who shall invest in the units of limited liability company interest (“Units”) created hereby — Class A, Class C, Class D and Class I — and shall execute this Agreement, by power-of-attorney, as members (such members being hereinafter sometimes referred to collectively as “Members” or “Investors”).
