AMENDMENT NO. 2 TO SPDR® GOLD TRUST (formerly known as streetTRACKS® GOLD TRUST) UNALLOCATED BULLION ACCOUNT AGREEMENT
Exhibit 10.2.2
AMENDMENT NO. 2
TO
SPDR® GOLD TRUST
(formerly known as
streetTRACKS® GOLD TRUST)
UNALLOCATED BULLION ACCOUNT AGREEMENT
TO
SPDR® GOLD TRUST
(formerly known as
streetTRACKS® GOLD TRUST)
UNALLOCATED BULLION ACCOUNT AGREEMENT
This amendment (this “Amendment”), dated as of May 20, 2008, is Amendment No. 2 to the
streetTRACKS® Gold Trust Unallocated Bullion Account Agreement, dated November 12, 2004,
between HSBC Bank USA, National Association (the “Custodian”) and The Bank of New York, not
in its individual capacity, but solely as trustee of the streetTRACKS® Gold Trust (the
“Trustee”), as amended by Amendment No. 1 thereto, dated November 26, 2007 (the
“Unallocated Bullion Account Agreement”).
WHEREAS, the Trustee and the Custodian have hitherto entered into the Unallocated Bullion
Account Agreement and the same is currently in full force and effect; and
WHEREAS, clause 12.4 of the Unallocated Bullion Account Agreement provides that any amendment
thereto shall be in writing signed by the Trustee and the Custodian; and
WHEREAS, effective concurrently herewith the name of the streetTRACKS® Gold Trust
is changed to “SPDR® Gold Trust” (the “Trust”) and the name of the
streetTRACKS® Gold Shares is changed to “SPDR® Gold Shares” (the
“Shares”); and
WHEREAS, the Trustee and the Custodian wish to amend the Unallocated Bullion Account Agreement
to refer to the new names of the Trust and Shares;
NOW, THEREFORE, the Trustee and the Custodian agree as follows:
1. Throughout the Unallocated Bullion Account Agreement, all references to
“streetTRACKS® Gold Trust” are hereby amended to read “SPDR® Gold Trust” and
all references to “streetTRACKS® Gold Shares” are hereby amended to read
“SPDR® Gold Shares.”
2. The foregoing amendments shall be effective as of May 20, 2008.
3. Except as modified by this Amendment, the Unallocated Bullion Account Agreement shall
remain unmodified and in full force and effect.
4. This Amendment is governed by, and will be construed in accordance with, English law. The
parties agree that the courts of the State of New York, in the
United States of America, and the United States federal court located in the Borough of
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Manhattan
in such state are to have jurisdiction to settle any disputes or claims which may arise out of or
in connection with this Amendment and, for these purposes each party irrevocably submits to the
non-exclusive jurisdiction of such courts, waives any claim of forum non conveniens and any
objections to the laying of venue, and further waives any personal service.
5. Capitalized terms used but not defined in this Amendment shall have the meaning assigned to
such terms in the Unallocated Bullion Account Agreement.
6. This Amendment may be executed in any number of counterparts, each of which when executed
and delivered shall be deemed an original, but together shall constitute one and the same
amendment. Facsimile signatures shall be acceptable and binding.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Custodian and the Trustee have caused this Amendment to be executed as
of the day and year first above written.
HSBC Bank USA, National Association | ||||||
By: Name: |
/s/ X. Xxxxxx
|
|||||
Title: | Authorised Signatory | |||||
The Bank of New York, not in its individual capacity, but solely as trustee of the streetTRACKS® Gold Trust | ||||||
By: Name: |
/s/ Xxxxxx Xxxxxxx
|
|||||
Title: | Vice President |
[Signature Page to Amendment No. 2 to
streetTRACKS®Gold Trust Unallocated Bullion Account Agreement]
streetTRACKS®Gold Trust Unallocated Bullion Account Agreement]
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