Exhibit 1.01
AMENDMENT NO. 18 TO THE SELLING AGREEMENT
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This Amendment (the "Amendment") to the Selling Agreement dated July 14,
1994 (the "Agreement") between ML Principal Protection L.P. (formerly known as
ML Principal Protection Plus L.P.) (the "Fund"), a Delaware Limited Partnership,
Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated ("MLPFS") and various other
parties is made as of the 3rd day of August, 1998 by and between the Fund and
MLPFS.
W I T N E S S E T H:
WHEREAS, the Fund and MLPFS desire to amend the Agreement with respect
to certain terms pertaining to them only.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein and other good and valuable consideration, the
receipt and sufficiency of all of which are hereby acknowledged, the parties
hereto agree as follows:
Section 1. Section 4(e) of the Agreement is hereby amended by
replacing the term "$5" with the term "$4" in the first and fifth paragraphs of
Section 4(e).
Section 2. Effective Date. The effective date of this Amendment
shall be October 1, 1998.
Section 3. Miscellaneous.
(a) Except as otherwise set forth in this Amendment, defined terms
used herein shall have the respective meanings ascribed thereto in the
Agreement.
(b) Except as amended hereby, the Agreement shall remain in full
force and effect and is hereby ratified and confirmed.
(c) This Amendment may be executed in any number of counterparts,
each of which shall be deemed to be an original but all such separate
counterparts shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date written above.
ML PRINCIPAL PROTECTION L.P.
By: XXXXXXX XXXXX INVESTMENT
PARTNERS INC., General Partner
By:___________________________
Name:
Title:
XXXXXXX LYNCH, PIERCE, XXXXXX &
XXXXX INCORPORATED
By:___________________________
Name:
Title:
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