Exhibit 10.05(a)
FORM OF AMENDMENT NO. 1
TO
AMENDED AND RESTATED CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER MILLBURN 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 November 13, 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 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 August 1,
2003.
IN WITNESS WHEREOF, this Amendment to the Customer Agreement
has been executed for and on behalf of the undersigned as of the 31st day of
July, 2003.
XXXXXX XXXXXXX CHARTER MILLBURN 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
