AMENDMENT NO. 1
TO
AMENDED AND RESTATED CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER MSFCM L.P., 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 19th day of May 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 Amended and
Restated Customer Agreement has been executed for and
on behalf of the undersigned as of the
31st day of July 2003.
XXXXXX XXXXXXX CHARTER MSFCM L.P.
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 10.06(a)
NYLIB1 679811.1
