0000905148-12-001792 Sample Contracts

SYSTEMATIC MOMENTUM FUTURESACCESS LLC SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Limited Liability Company Operating Agreement • October 4th, 2012 • Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers • Delaware

THE UNITS OF LIMITED LIABILITY COMPANY INTEREST CREATED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES ACT, AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER APPLICABLE SECURITIES LAWS AND WITH THE CONSENT OF THE SPONSOR.

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AMENDMENT TO THE OPERATING AGREEMENT
The Operating Agreement • October 4th, 2012 • Systematic Momentum FuturesAccess LLC • Commodity contracts brokers & dealers

THIS AMENDMENT TO THE SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT dated as of February 29, 2012 (the “Agreement”) of Systematic Momentum FuturesAccess LLC is made as of September 30, 2012 (the “Amendment”) by Merrill Lynch Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”) and the Investors. Capitalized terms used herein but not defined shall have the same meanings assigned to them in the Agreement.

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