ISDA®Master Agreement • August 6th, 2008 • MacroShares Major Metro Housing Up Trust • Commodity contracts brokers & dealers
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”.
MACROSHARES HOUSING DEPOSITOR, LLC, as Depositor, STATE STREET BANK AND TRUST COMPANY, N.A. as Trustee, MACROMARKETS LLC, as Administrative Agent and MACRO FINANCIAL, LLC, as Marketing Agent FORM OF AMENDED AND RESTATED MACROSHARES MAJOR METRO HOUSING...Trust Agreement • August 6th, 2008 • MacroShares Major Metro Housing Up Trust • Commodity contracts brokers & dealers • New York
WHEREAS, the Depositor and the Trustee have entered into a trust agreement, dated as of July 11, 2008 (the "Original Trust Agreement"), pursuant to which a trust was formed under the laws of the State of New York, which is known as the "MacroShares Major Metro Housing Up Trust," and which is hereafter referred to as the "Up Trust";
TRUST AGREEMENTTrust Agreement • August 6th, 2008 • MacroShares Major Metro Housing Up Trust • Commodity contracts brokers & dealers • New York
This Trust Agreement, dated as of July 11, 2008 (the “Agreement”), is between MACROSHARES HOUSING 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”).
SUBLICENSE AGREEMENTSublicense Agreement • August 6th, 2008 • MacroShares Major Metro Housing Up Trust • Commodity contracts brokers & dealers
This SUBLICENSE AGREEMENT (this “Agreement”) by and between MacroMarkets LLC ("MM"), a Delaware limited liability company, and its affiliate, MacroShares Housing Depositor, LLC (the "Sublicensee"), is entered into as of ____________, 2008 ("the Commencement Date").
FORM OF STANDARD TERMS TO MACROSHARES PARTICIPANTS AGREEMENTSMacroShares Major Metro Housing Up Trust • August 6th, 2008 • Commodity contracts brokers & dealers • New York
This supplement (the “Supplement”), dated as of [ ], 20[ ], is hereby entered into by and among MacroShares Housing Depositor (the “Depositor”), State Street Bank and Trust Company, N.A., not in its individual capacity but solely as trustee for the Paired Shares (the “Trustee”), MacroMarkets LLC (the “Administrative Agent”) and [ ] (the “Authorized Participant”). The Standard Terms To MacroShares Participants Agreements, dated as of [ ], 20[ ] (the “Standard Terms”), are incorporated herein by reference and the parties hereto shall be required to comply with such Standard Terms as if they were set forth in full herein.
CONFIRMATIONLetter Agreement • August 6th, 2008 • MacroShares Major Metro Housing Up Trust • Commodity contracts brokers & dealers
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.
