MACRO SECURITIES DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, N.A., as Trustee, MACROMARKETS LLC, as the Administrative Agent and MACRO FINANCIAL, LLC, as the Marketing Agent SECOND AMENDED AND RESTATED MACROSHARES $100 OIL UP...Trust Agreement • June 18th, 2009 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
This SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 23, 2009 (this "Trust Agreement"), is hereby entered into among MACRO SECURITIES DEPOSITOR, LLC, a Delaware limited liability company, as depositor (the "Depositor"), STATE STREET BANK AND TRUST COMPANY, N.A., not in its individual capacity but solely as trustee (the "Trustee"), MACROMARKETS LLC, not in its individual capacity but solely as administrative agent (in such capacity, the "Administrative Agent"), and MACRO FINANCIAL, LLC, as marketing agent (in such capacity, the "Marketing Agent").
FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF MACRO SECURITIES DEPOSITOR, LLC (a Delaware Limited Liability Company) by MACROMARKETS LLC, as the sole Member dated as of June 20, 2008Operating Agreement • June 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • Delaware
This Fourth Amended and Restated Operating Agreement, (as further amended, supplemented or otherwise modified and in effect from time to time, the "Agreement") of MACRO Securities Depositor, LLC, a Delaware limited liability company (the "Company"), is made as of this 20th day of June 2008 by MacroMarkets LLC, a Delaware limited liability company ("MM"), as the sole member of the Company (a "Member" and, together with any other entity that may from time to time become a member of the Company, the "Members").
MACROSHARES LICENSING AGREEMENT COVER PAGEMacroshares Licensing Agreement Cover Page • April 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
IN WITNESS WHEREOF, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties have caused this Licensing Agreement to be executed by their duly authorized representatives as of the Effective Date.
STANDARD TERMS TO MACROSHARES PARTICIPANTS AGREEMENTMacroshares Participants Agreement • June 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
This supplement (the "Supplement"), dated as of June 23, 2008, is hereby entered into by and among MACRO Securities Depositor (the "Depositor"), State Street Bank and Trust Company, N.A., (the "Trustee"), MacroMarkets LLC (the "Administrative Agent") and the entities who became party hereto from time to time in the capacity of an Authorized Participant (each, an "Authorized Participant" and, collectively, the "Authorized Participants"). The Standard Terms, dated as of June 23, 2008, which contain a form of this Supplement attached thereto as Attachment A, are incorporated herein by reference and the parties hereto shall be required to comply with such Standard Terms as if they were set forth in full herein.
TRUST AGREEMENTTrust Agreement • April 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
This Trust Agreement, dated as of April 9, 2008 (the “Agreement”), is between MACRO SECURITIES DEPOSITOR, LLC, a Delaware limited liability company, as depositor (in such capacity, the “Depositor”) and STATE STREET BANK AND TRUST COMPANY, N.A., a national bank chartered by the Office of the Comptroller of the Currency, not in its individual capacity but solely as trustee (the “Trustee”).
MACROSHARES PARTICIPANTS AGREEMENTMacroshares Participants Agreement • April 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
IN WITNESS WHEREOF, I, the undersigned, an Authorized Person of the Authorized Participant, hereby execute this Redemption Order as of the date set forth below.
SCHEDULE to the ISDA Master Agreement dated as of [ ], 2008 between MacroShares $100 Oil Up Trust ("Party A") and MacroShares $100 Oil Down Trust ("Party B")Isda Master Agreement • April 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities • New York
CONFIRMATIONLetter Agreement • June 24th, 2008 • MacroShares $100 Oil Up Trust • Asset-backed securities
This letter agreement (this "Confirmation") is intended to confirm the terms and conditions of the transaction (the "Transaction") entered into between us on the Trade Date set forth below.
