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 the 13th day of November
2000 (the ?Customer Agreement?),
by and between the Customer and Xxxxxx Xxxxxxx XX, to
reduce the monthly 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 monthly 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 the 1st day of August 2003.
TNESS 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: /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: President
XXXXXX XXXXXXX XX INC.
By: /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Executive Director
Exhibit 10.05(a)
NYLIB1 679808.1