0000905148-09-000532 Sample Contracts

SYSTEMATIC MOMENTUM II LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Limited Liability Company Operating Agreement • February 6th, 2009 • ML APM Global Commodity FuturesAccess LLC • Commodity contracts brokers & dealers • Delaware

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Agreement”) of Systematic Momentum II LLC (the “Fund”) by and among Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Manager”), and those persons who shall invest in the units of limited liability company interest (“Units”) created hereby — Class A, Class C, Class D and Class I — and shall execute this Agreement, by power-of-attorney, as members (such members being hereinafter sometimes referred to collectively as “Investors”; provided, that for purposes of voting, Units held by the Manager shall not be considered to be held by an Investor).

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