ISDA®2002 Master Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF MACRO SECURITIES DEPOSITOR, LLC (a Delaware Limited Liability Company) by MACROMARKETS LLC, as the sole Member dated as of August 27, 2007Operating Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • Delaware
This Fourth Amended and Restated Operating Agreement, (as further amended, supplemented or otherwise modified and in effect from time to time, the "Agreement") of MACRO Securities Depositor, LLC, a Delaware limited liability company (the "Company"), is made as of this 27th day of August 2007 by MacroMarkets LLC, a Delaware limited liability company ("MM"), as the sole member of the Company (a "Member" and, together with any other entity that may from time to time become a member of the Company, the "Members").
TRUST AGREEMENTTrust Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
This Trust Agreement, dated as of April 9, 2008 (the “Agreement”), is between MACRO SECURITIES DEPOSITOR, LLC, a Delaware limited liability company, as depositor (in such capacity, the “Depositor”) and STATE STREET BANK AND TRUST COMPANY, N.A., a national bank chartered by the Office of the Comptroller of the Currency, not in its individual capacity but solely as trustee (the “Trustee”).
LICENSE AGREEMENTLicense Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
This License Agreement ("Agreement") is entered into this 22nd day of November 2006 ("Effective Date"), by and between NEW YORK MERCANTILE EXCHANGE, INC., a Delaware corporation located at One North End Avenue, World Financial Center, New York, New York 10282-1101 ("Licensor"), and MACROMARKETS LLC, a Delaware corporation, located at 73 Green Tree Drive #9, Dover, DE 19904. ("Licensee").
CONFIRMATIONIncome Distribution Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities
This letter agreement (this "Confirmation") is intended to confirm the terms and conditions of the transaction (the "Transaction") entered into between us on the Trade Date set forth below.
MACRO SECURITIES DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, N.A., as Trustee, MACROMARKETS LLC, as the Administrative Agent and MACRO FINANCIAL, LLC, as the Marketing Agent AMENDED AND RESTATED MACROSHARES $[100] OIL DOWN TRUST...Macroshares Oil Down Trust Agreement • April 25th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April [ ], 2008 (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, N.A., 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, as marketing agent (in such capacity, the "Marketing Agent").
