Exhibit 10.06(a)
FORM OF 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 May 19, 2000 (the "Customer Agreement"), by and between
the Customer and Xxxxxx Xxxxxxx XX, to reduce the 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 brokerage fee percentage referred to in 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 August 1,
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:_________________________________
Name: Xxxxxxx X. Xxxxxxx
Title: President
XXXXXX XXXXXXX XX INC.
By:_________________________________
Name: Xxxxxxx X. Xxxxxxx
Title: Executive Director
