ISDA®2002 Master Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
STANDARD TERMS TO MACROSHARES PARTICIPANTS AGREEMENTSParticipants Agreement • September 9th, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities • New York
These Standard Terms to MacroShares Participants Agreements, dated as of August 6, 2009, (the "Standard Terms"), along with each supplement hereto (each, a "Supplement"), together form a separate and distinct "Participants Agreement" with respect to the applicable set of Paired Trusts. Each Participants Agreement is entered into solely by and among the parties set forth in each Supplement hereto, including an entity acting as an authorized participant (the "Authorized Participant" and referred to herein as the "applicable Authorized Participant," or, collectively, as the "Authorized Participants"), the applicable trustee (each, a "Trustee" and collectively, the "Trustees") listed from time to time on Schedule II attached hereto, not in its individual capacity but solely acting as trustee on behalf of the applicable set of Paired Trusts, which are also listed from time to time on such Schedule II, the applicable depositor entity (each, a "Depositor" and, collectively, the "Depositors")
OPERATING AGREEMENT OF MACROSHARES HOUSING DEPOSITOR, LLC (a Delaware Limited Liability Company) by MACROMARKETS LLC, as the sole Member dated as of June 4, 2008Operating Agreement • June 9th, 2008 • MacroShares Housing Depositor, LLC • Delaware
This Operating Agreement, (as further amended, supplemented or otherwise modified and in effect from time to time, the "Agreement") of MacroShares Housing Depositor, LLC, a Delaware limited liability company (the "Company"), is made as of this fourth 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 PAGELicensing Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • 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.
MACROSHARES HOUSING DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, N.A. as Trustee, MACROMARKETS LLC, as Administrative Agent and MACRO FINANCIAL, LLC, as Marketing Agent AMENDED AND RESTATED MACROSHARES MAJOR METRO HOUSING DOWN...Macroshares Major Metro Housing Down Trust Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities • New York
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 29, 2009 (this "Trust Agreement"), is hereby entered into among MACROSHARES HOUSING 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").
MACROSHARES HOUSING DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, N.A. as Trustee, MACROMARKETS LLC, as Administrative Agent and MACRO FINANCIAL, LLC, as Marketing Agent AMENDED AND RESTATED MACROSHARES MAJOR METRO HOUSING UP...Macroshares Major Metro Housing Up Trust Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities • New York
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 29, 2009 (this "Trust Agreement"), is hereby entered into among MACROSHARES HOUSING 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").
SUBLICENSE AGREEMENTSublicense Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities
This SUBLICENSE AGREEMENT (this “Agreement”) by and between MacroMarkets LLC ("MM"), a Delaware limited liability company, its affiliate, MacroShares Housing Depositor, LLC ("MHD"), MacroShares Major Metro Housing Up Trust (the "Up Trust") and MacroShares Major Metro Housing Down Trust (the "Down Trust" and, together with MHD and the Up Trust, the "Sublicensees"), is entered into as of this twenty-ninth day of June, 2009 ("the Commencement Date").
CONFIRMATIONIncome Distribution Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • 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.
SCHEDULE to the2002 Isda Master Agreement • July 22nd, 2009 • MacroShares Housing Depositor, LLC • Asset-backed securities • New York
