Exhibit 10.05(b)
AMENDMENT NO.2
TO
AMENDED AND RESTATED CUSTOMER AGREEMENT
WHEREAS, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CHARTER ▇▇▇▇▇▇ ▇.▇., a Delaware limited
partnership (the "Customer"), and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
▇▇ INC., a Delaware corporation
("▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇"), have agreed to amend the Amended and Restated Customer
Agreement, dated as of the 13th day of November
2000, as amended by Amendment No. 1 to the
Customer Agreement, dated July 31, 2003 (the "Customer
Agreement"), by and between the
Customer and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇, to reduce the monthly
brokerage fee payable to ▇▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇ and to amend the address of the Customer
and the address of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇.
WHEREAS, all provisions contained in the Customer
Agreement remain in full force and
effect and are modified only to the extent necessary to
provide for the amendments set forth
below.
NOW, THEREFORE, the parties hereto hereby amend the Customer Agreement as
follows:
1. The monthly brokerage fee percentage of 1/12 of 6.25% (a 6.25% annual rate)
referred to in the first paragraph of Section 5 of the Customer Agreement is
hereby reduced to 1/12 of 6.00% (a 6.00% annual rate).
2. The address of the Customer referred to in Section 13 is hereby changed to:
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Charter ▇▇▇▇▇▇ ▇.▇.
c/o Demeter Management Corporation
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
President
3. The address of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ referred to in Section 13 is hereby changed
to:
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Inc.
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Managing Director
4. The foregoing amendments shall take effect as of the 1st day of July 2005.
IN WITNESS WHEREOF, this Amendment to the Customer Agreement has been
executed for and on behalf of the undersigned as of the 1st day of July 2005.
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CHARTER ▇▇▇▇▇▇ ▇.▇.
By: Demeter Management Corporation,
General Partner
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Managing Director
NYLIB1 715020.1 -2-
