SCHEDULE to the ISDA Master AgreementIsda Master Agreement • May 8th, 2008 • MACROshares Oil Up Tradeable Trust • Asset-backed securities • New York
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP FOUR TIMES SQUARE NEW YORK 10036-6522 --------Legal Counsel Engagement • May 8th, 2008 • MACROshares Oil Up Tradeable Trust • Asset-backed securities
We have served as counsel to MACRO Securities Depositor, LLC (the "Depositor"), in its capacity as depositor of the Claymore MACROshares Oil Up Holding Trust (the "Oil Up Holding Trust") and the Claymore MACROshares Oil UP Tradeable Trust (the "Oil Up Tradeable Trust," and, together with the Oil Up Holding Trust, the "Trusts") in connection with the formation of the Trusts and the preparation and filing of a Registration Statement on Form S-1 (Registration No. 333-[ ]) (the "Registration Statement"), including the prospectus included in Part I of the Registration Statement (the "Prospectus"), with the Securities and Exchange Commission under the Securities Act of 1933, as amended, and the rules and regulations thereunder (collectively, the "1933 Act"). The Registration Statement relates to the proposed registration under the 1933 Act of [ ] shares of fractional undivided beneficial interest in and ownership of the Oil Up Holding Trust (the "Holding Shares") and [ ] shares of fractional
MACRO SECURITIES DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, (as successor to Investors Bank & Trust Company), as Trustee, MACROMARKETS LLC, as the Administrative Agent and MACRO FINANCIAL, LLC, as the Marketing Agent THIRD...Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement • May 8th, 2008 • MACROshares Oil Up Tradeable Trust • Asset-backed securities • New York
This THIRD AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1, 2007 (this "Trust Agreement"), is hereby entered into among MACRO SECURITIES DEPOSITOR, LLC, a Delaware limited liability company, as depositor (the "Depositor"), STATE STREET BANK AND TRUST COMPANY, (as successor to Investors Bank & Trust Company), not in its individual capacity but solely as trustee (the "Trustee"), MACROMARKETS LLC, not in its individual capacity but solely as administrative agent (in such capacity, the "Administrative Agent"), and MACRO FINANCIAL, LLC, not in its individual capacity but solely as marketing agent (in such capacity, the "Marketing Agent").
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP FOUR TIMES SQUARE NEW YORK 10036-6522 -------- TEL: (212) 735-3000 FAX: (212) 735-2000Tax Counsel Agreement • May 8th, 2008 • MACROshares Oil Up Tradeable Trust • Asset-backed securities
MACRO SECURITIES DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY (as successor to Investors Bank & Trust Company), as Trustee, MACROMARKETS LLC, as the Administrative Agent and MACRO FINANCIAL, LLC, as the Marketing Agent THIRD...Trust Agreement • May 8th, 2008 • MACROshares Oil Up Tradeable Trust • Asset-backed securities • New York
This THIRD AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1, 2007 (this "Trust Agreement"), is hereby entered into among MACRO SECURITIES DEPOSITOR, LLC, a Delaware limited liability company, as depositor (the "Depositor"), STATE STREET BANK AND TRUST COMPANY (as successor to Investors Bank & Trust Company), not in its individual capacity but solely as trustee (the "Trustee"), MACROMARKETS LLC, not in its individual capacity but solely as administrative agent (in such capacity, the "Administrative Agent"), and MACRO FINANCIAL, LLC, not in its individual capacity but solely as marketing agent (in such capacity, the "Marketing Agent").
