Contract
0000 XXXXXXXX XXX XXXX, XX 00000-0000 |
Amendment dated as of November 29, 2007
to the Customer FX Prime Brokerage Agreement
dated as of November 27, 2007 between
Xxxxxx Xxxxxxx & Co. Incorporated (“Xxxxxx Xxxxxxx”)
and
each entity specified in Annex B to the Agreement
(severally, and not jointly, each a “Customer”)
This Amendment dated as of November 29, 2007, supplements, forms part of, and is subject in all respects to, that Customer FX Prime Brokerage Agreement dated as of November 27, 2007 (the “Agreement”), as amended from time to time, by and between Xxxxxx Xxxxxxx and Customer. Capitalized terms used herein, unless otherwise defined, have the meanings specified in the Agreement.
Each of Xxxxxx Xxxxxxx and Customer agrees that the following shall be inserted after Section II of the Agreement:
“12. RESTATEMENT. This Agreement amends and restates in its entirety the Customer FX Prime Brokerage Agreement dated as of July 30, 2007 between Xxxxxx Xxxxxxx and Customer.”
Except as amended herein, this Amendment shall not affect any other terms of the Agreement, which shall remain in full force and effect.
This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York.
IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized officers as of the date hereof.
XXXXXX XXXXXXX & CO. INCORPORATED | ||
By: | /s/ Xxxxx Xxxxxx | |
Name: | Xxxxx Xxxxxx | |
Title: | Authorized Signatory |
DEMETER MANAGEMENT CORPORATION,
as general partner and/or trading manager for each entity
specified in Annex B of the Agreement (severally, and not jointly, each a “Customer”)
By: | /s/ Xxxxxx Xxxxx | |
Name: | Xxxxxx Xxxxx | |
Title: | Chairman and President | |
Demeter Management Corporation | ||
Name: | Xxxxxx Xxxxx | |
Title: | Chairman and President | |
Demeter Management Corporation |
-2-