Exhibit 10.05(b)
AMENDMENT NO. 2
TO
CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER XXXXXXXX X.X., a Delaware limited
partnership (the "Customer"), and XXXXXX XXXXXXX
XX INC., a Delaware corporation
("Xxxxxx Xxxxxxx XX"), have agreed to amend the
Customer Agreement, dated as of the 31st
day of August 2002, as amended by Amendment No. 1
to the Customer Agreement, dated July
31, 2003 (the "Customer Agreement"), by and between
the Customer and Xxxxxx Xxxxxxx XX,
to reduce the monthly brokerage fee payable
to Xxxxxx Xxxxxxx XX and to amend the address of
the Customer and the address of 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 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:
Xxxxxx Xxxxxxx Charter Xxxxxxxx X.X.
c/o Demeter Management Corporation
000 Xxxxxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxxxx X. Xxxxxxx
President
3. The address of Xxxxxx Xxxxxxx XX referred to in Section 13 is hereby changed
to:
Xxxxxx Xxxxxxx XX Inc.
000 Xxxxxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxxxx X. Xxxxxxx
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.
XXXXXX XXXXXXX CHARTER XXXXXXXX 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: Managing Director
