First Amendment to the Eighth Amended and Restated Declaration and Agreement of Trust of RJO Global Trust
EXHIBIT
3.01
First
Amendment to the
Eighth
Amended and Restated Declaration and Agreement of Trust of
WHEREAS, Section 14 of the Eighth
Amended and Restated Declaration and Agreement of Trust (the “Trust Agreement”)
of RJO Global Trust (the “Trust”) permits the Managing Owner to establish
additional public or private offerings of Units;
WHEREAS, Section 5(d) and Section 8(a)
of the Trust Agreement do not explicitly provide for the treatment of the
calculation of Net Asset Value per Unit or of monthly allocations in the event
of that the Trust offers additional classes or series of Units pursuant to
Section 14; and
WHEREAS,
Section 19(a) of the Trust Agreement permits the Managing Owner to amend the
Trust Agreement in order to clarify any clerical inaccuracy or ambiguity or
reconcile any inconsistency;
NOW, THEREFORE, the Trust Agreement is
amended as follows, such amendments to become effective
immediately:
SECTION 1. Amendment of Section 5(d) of
the Trust Agreement.
The
second sentence of Section 5(d) is hereby deleted and replaced with the
following:
“The Net
Asset Value per Unit is to be determined on a per class or series basis and
calculated by dividing the Net Assets of each such class and/or series by the
outstanding number of Units of each such class and/or series, subject to the
provisions of Section 8(a) hereof.”
SECTION 2. Amendment of Section 8(a) of
the Trust Agreement.
The third
sentence of Section 8(a) is hereby deleted and replaced with the
following:
“As of
the close of business (as determined by the Managing Owner) on the last business
day of each month, any increase or decrease in the Net Assets of the Trust as
compared to the last such determination of Net Assets shall be credited or
charged equally among the Units of all Unitholders on a per class or per series
basis.”
SECTION 3. Authorization of
Trustee.
The
Trustee is hereby authorized and directed to execute this Amendment to the Trust
Agreement to effectuate the amendments proposed herein.
IN
WITNESS WHEREOF, the Managing Owner has determined that this First Amendment to
the Eighth Amended and Restated Declaration and Agreement of Trust is necessary
in order to clarify a clerical inaccuracy or ambiguity and the Trustee and has
duly executed this First Amendment to Eighth Amended and Restated Declaration
and Agreement as of February 5, 2010.
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X.
X. X’XXXXX FUND MANAGEMENT, LLC
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as
Managing Owner
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By:
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/s/ Xxxxxxx
X. Xxxxxxxx
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Name:
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Xxxxxxx
Xxxxxxxx
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Title:
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Senior
Vice President
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WILMINGTON
TRUST COMPANY
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not
individually but solely as Trustee
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By:
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/s/ Xxxxxx
X.
Xxxx
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Name:
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Xxxxxx
X. Xxxx
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Title:
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Vice
President
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