Exhibit 10.02
AMENDMENT NO. 3
TO THE
CUSTOMER AGREEMENT
AMONG
ML PRINCIPAL PROTECTION L.P. (formerly, ML Principal Protection Plus L.P.), ML
PRINCIPAL PROTECTION TRADING L.P. (formerly, ML Principal Protection Plus
Trading L.P.) and XXXXXXX XXXXX FUTURES INC.
This Amendment ("Amendment") is made as of this 3rd day of August, 1998 by
and among ML Principal Protection Trading L.P. (formerly, ML Principal
Protection Plus Trading L.P.) (the "Trading L.P.") and Xxxxxxx Xxxxx Futures
Inc.
W I T N E S S E T H:
WHEREAS, the parties hereto entered into a Customer Agreement dated
July 14, 1994 relating to the purchase and sale of commodity futures and forward
contracts and commodity options (the "Customer Agreement");
WHEREAS, the parties hereto have previously agreed to reduce the
brokerage commissions paid by the Trading L.P. to Xxxxxxx Xxxxx Futures Inc.
pursuant to the Customer Agreement;
WHEREAS, the parties hereto have again agreed to reduce the brokerage
commissions paid by the Trading L.P. to Xxxxxxx Xxxxx Futures Inc. and wish to
amend the Customer Agreement accordingly;
NOW THEREFORE, in consideration of the premises and mutual covenants
contained in the Customer Agreement and herein, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree to amend the Customer
Agreement as follows:
1. Brokerage Commissions. Beginning October 1, 1998, the brokerage
commissions payable by the Trading L.P. to Xxxxxxx Xxxxx Futures Inc. will be
reduced to 0.0063 of 1% of the month-end assets allocated to the Trading
Advisors for management (a 7.5% annual rate). Such brokerage commissions shall
not include any administrative fee paid directly to Xxxxxxx Xxxxx Investment
Partners Inc.
2. Amendment. This Amendment may not be amended except by the written
consent of each of the parties hereto.
3. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall, however, together constitute one and the same
documents.
IN WITNESS WHEREOF, this Amendment has been executed by the parties
hereto as of the day and year first above written.
ML PRINCIPAL PROTECTION
TRADING L.P.
By: XXXXXXX XXXXX INVESTMENT
PARTNERS INC., General Partner
BY:
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Name:
Title:
XXXXXXX XXXXX FUTURES INC.
BY:
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Name:
Title:
