AMENDMENT NO. 1 TO THE JOINT SERVICES AGREEMENT,
DATED AS OF DECEMBER 15, 1999,
AMONG CANTOR ▇▇▇▇▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ SECURITIES, CANTOR ▇▇▇▇▇▇▇▇▇▇ &
CO., CFPH, L.L.C., CANTOR ▇▇▇▇▇▇▇▇▇▇ PARTNERS, CANTOR ▇▇▇▇▇▇▇▇▇▇ INTERNATIONAL,
CANTOR ▇▇▇▇▇▇▇▇▇▇ GILTS, eSPEED, INC., eSPEED SECURITIES, INC., eSPEED
GOVERNMENT SECURITIES, INC., eSPEED MARKETS, INC. AND eSPEED SECURITIES
INTERNATIONAL LIMITED
THIS AMENDMENT No. 1 dated as of January 1, 2000 among Cantor ▇▇▇▇▇▇▇▇▇▇,
▇.▇., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Securities, Cantor ▇▇▇▇▇▇▇▇▇▇ & Co., CFPH, L.L.C.,
Cantor ▇▇▇▇▇▇▇▇▇▇ Partners, Cantor ▇▇▇▇▇▇▇▇▇▇ International, Cantor ▇▇▇▇▇▇▇▇▇▇
Gilts, eSpeed, Inc., eSpeed Securities, Inc., eSpeed Government Securities,
Inc., eSpeed Markets, Inc. and eSpeed Securities International Limited amends
the agreement dated as of December 15, 1999 among the parties hereto (the "Joint
Services Agreement"). All the terms of the Joint Services Agreement are
incorporated herein by reference, except as otherwise stated herein. Capitalized
terms used herein that are not defined herein shall have the meanings ascribed
to them in the Joint Services Agreement.
For good and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, the parties hereto agree as follows:
Paragraph 4 shall be amended to insert the following as subsection (b), and
subsections (b) through (n) shall be renumbered accordingly as (c) through (o):
"(b) If (i) the Electronic Marketplace is a Collaborative Marketplace,
(ii) the transaction relates to U.S. Treasury securities and U.S.
federally-sponsored agency securities involving that certain eSpeed business
unit to which the employees listed on Schedule I hereto have been currently
assigned, and (iii) a Cantor Party provides Voice Assisted Brokerage Services
through any of the employees listed on Schedule I or their replacements in
connection with the transaction to which the Transaction Revenues relate, then
the applicable eSpeed Party will receive the aggregate Transaction Revenues and
will pay to the applicable Cantor Party a service fee equal to 35% of the
Transaction Revenues.
1
IN WITNESS WHEREOF, the parties have executed or caused this Amendment No.
1 to the Joint Services Agreements to be executed in their respective names by
their respective officers thereunto duly authorized, as of the date first
written above.
CANTOR ▇▇▇▇▇▇▇▇▇▇, ▇.▇.
By: CF Group Management, Inc.,
its Managing General Partner
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
CANTOR ▇▇▇▇▇▇▇▇▇▇ SECURITIES
By: Cantor ▇▇▇▇▇▇▇▇▇▇, ▇.▇.
its Managing General Partner
By: CF Group Management, Inc.
its Managing General Partner
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
CANTOR ▇▇▇▇▇▇▇▇▇▇ & CO.
By: Cantor ▇▇▇▇▇▇▇▇▇▇ Securities
its Managing General Partner
By: Cantor ▇▇▇▇▇▇▇▇▇▇, ▇.▇.
its Managing General Partner
By: CF Group Management, Inc.
its Managing General Partner
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
2
CFPH, L.L.C.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President and
Chief Executive Officer
CANTOR ▇▇▇▇▇▇▇▇▇▇ & CO.
By: Cantor ▇▇▇▇▇▇▇▇▇▇ Securities
its Managing General Partner
By: Cantor ▇▇▇▇▇▇▇▇▇▇, ▇.▇.
its Managing General Partner
By: CF Group Management, Inc.
its Managing General Partner
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President
CANTOR ▇▇▇▇▇▇▇▇▇▇
INTERNATIONAL
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Chairman
CANTOR ▇▇▇▇▇▇▇▇▇▇ GILTS
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Chairman
eSPEED, INC.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Chairman and
Chief Executive Officer
3
eSPEED SECURITIES, INC.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President and
Chief Executive Officer
eSPEED GOVERNMENT
SECURITIES, INC.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President and
Chief Executive Officer
eSPEED MARKETS, INC.
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Chairman and
Chief Executive Officer
eSPEED SECURITIES INTERNATIONAL
LIMITED
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Director
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