AMENDMENT NO. 1
TO
AMENDED AND RESTATED CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER XXXXXX X.X., a
Delaware limited partnership (the ?Customer?), and XXXXXX XXXXXXX XX INC., a
Delaware corporation (?Xxxxxx Xxxxxxx XX?), have agreed
to amend the Amended and
Restated Customer Agreement, dated as of the 13th
day of November 2000 (the ?Customer
Agreement?), by and between the Customer and Xxxxxx
Xxxxxxx XX, to reduce the monthly
brokerage fee payable to Xxxxxx Xxxxxxx XX.
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
amendment set forth below.
NOW, THEREFORE, the parties hereto hereby amend the Customer
Agreement as follows:
1. The monthly brokerage fee percentage referred to in
the first paragraph
of Section 5 of the Customer Agreement is hereby reduced
to 1/12 of 6.25% (a 6.25% annual
rate).
2. The foregoing change shall take effect as
of the 1st day of August
2003.
IN WITNESS WHEREOF, this Amendment to the Customer
Agreement has been executed for and on behalf of the
undersigned as of the 31st day of July
2003.
XXXXXX XXXXXXX CHARTER XXXXXX
X.X.
By: Demeter Management Corporation,
General Partner
By: /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: President
XXXXXX XXXXXXX XX INC.
By: /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Executive Director
Exhibit 10.05(a)
NYLIB1 679809.1
