Amendment No. 1 to Agreement for Marketing Services
Exhibit 10.1
Amendment No. 1 to Agreement for Marketing Services
This
Amendment No. 1 dated as of April 30, 2009 (this “Amendment”) is to the Agreement for Marketing Services dated January 14, 2008 (the “Agreement”) by and between ALPS Fund
Services, Inc., a Colorado corporation located at 0000 Xxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000
(“ALPS”), and GreenHaven Commodity Services, LLC, a Delaware limited liability company located at
0000 Xxxxxxxxx Xxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000 (the “Managing Owner”).
WHEREAS,
ALPS and the Managing Owner wish to amend the Agreement in certain respects as more fully set forth below; and
WHEREAS, ALPS Distributors, Inc. (“ALPS Distributors”) is (i) an affiliate of ALPS,
(ii) a Colorado corporation, and (iii) a registered broker-dealer under the Securities Exchange Act
of 1934, as amended.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Effective as of April 30, 2009, ALPS Distributors hereby replaces ALPS in its
entirety as a party to the Agreement and assumes all of ALPS’ duties and obligations set forth in
the Agreement. Moreover, in connection with the foregoing, ALPS hereby assigns to ALPS Distributors
all of ALPS’ rights and entitlements under the Agreement,
effective as of April 30, 2009.
2. Except as specifically set forth herein, all other provisions of the Agreement shall
remain in full force and effect. Any items not herein defined shall have the meaning ascribed to
them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this
Amendment as of the date first written above.
| GREENHAVEN COMMODITY SERVICES, LLC |
||||
| By: | /s/ Xxxxxxx Xxxxxxx | |||
| Name: | Xxxxxxx Xxxxxxx | |||
| Title: | President | |||
| Accepted and Agreed to this 30th day of April, 2009: ALPS DISTRIBUTORS, INC. |
||||
| By: | /s/ Xxxxxx X. Xxxxxx | |||
| Name: | Xxxxxx X. Xxxxxx | |||
| Title: | President | |||
| ALPS FUND SERVICES, INC. |
||||
| By: | /s/ Xxxxxx X. May | |||
| Name: | Xxxxxx X. May | |||
| Title: | President | |||
