ISDA®2002 Master Agreement • June 24th, 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”.
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 SECOND AMENDED AND RESTATED MACROSHARES $100 OIL DOWN...Trust Agreement • June 18th, 2009 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
This SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 23, 2009 (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").
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").
MACROSHARES LICENSING AGREEMENT COVER PAGEMacroshares Licensing Agreement Cover Page • June 24th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
IN WITNESS WHEREOF, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties have caused this Licensing Agreement to be executed by their duly authorized representatives as of the Effective Date.
STANDARD TERMS TO MACROSHARES PARTICIPANTS AGREEMENTMacroshares Participants Agreement • July 21st, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
This supplement (the "Supplement"), dated as of June 27, 2008, is hereby entered into by and among MACRO Securities Depositor (the "Depositor"), State Street Bank and Trust Company, N.A., (the "Trustee"), Macro Financial, LLC (the "Marketing Agent"), MacroMarkets LLC (the "Administrative Agent") and Merrill Lynch Professional Clearing Corp. (the "Authorized Participant"). The Standard Terms, dated as of June 27, 2008, which contain a form of this Supplement attached thereto as Attachment A, 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.
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”).
STANDARD TERMS TO MACROSHARES PARTICIPANTS AGREEMENTSMacroShares $100 Oil Down Trust • July 21st, 2008 • Asset-backed securities • New York
This supplement (the "Supplement"), dated as of July 3, 2008, is hereby entered into by and among MACRO Securities 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 Credit Suisse Securities USA, LLC (the "Authorized Participant"). The Standard Terms To MacroShares Participants Agreements, dated as of July 2, 2008 (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.
SCHEDULE to the ISDA Master Agreement dated as of June 23, 2008 between MacroShares $100 Oil Up Trust ("Party A") and MacroShares $100 Oil Down Trust ("Party B")Isda Master Agreement • June 24th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
NYMEX SUBLICENSING AGREEMENTSublicense Agreement • June 24th, 2008 • MacroShares $100 Oil Down Trust • Asset-backed securities • New York
THIS SUBLICENSE AGREEMENT (the "Sublicense Agreement") is entered into as of June 23, 2008 ("Effective Date"), by and among MACROMARKETS LLC, a Delaware limited liability company ("Sublicensor"), 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 of the MacroShares $100 Oil Up Trust (the "Up Trust") and the MacroShares $100 Oil Down Trust ("Down Trust" and together with the Up Trust, the "Paired Trusts" or the "Macro Trusts") (such entity, in the foregoing capacities, 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").
CONFIRMATIONLetter 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.
