ADVISORY AGREEMENTAdvisory Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • Delaware
REPRESENTATION AGREEMENT (“Agreement”) dated as of the 20th day of November, 2006, by and among WCM POOL LLC (the “Company”), a limited liability company formed under and pursuant to the Delaware Limited Liability Company Act (the “Delaware Act”), PREFERRED INVESTMENT SOLUTIONS CORP., a Delaware corporation (the “Administrator”) and WINTON CAPITAL MANAGEMENT LIMITED, a company registered in England and Wales (the “Advisor”).
SERVICES AGREEMENTServices Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • New York
This Services Agreement (this “Agreement”), dated as of May 23, 2007 (“Effective Date”), is entered into by and between SPECTRUM GLOBAL FUND ADMINISTRATION, L.L.C., a Delaware limited liability company (the “Company”), and WCM POOL LLC, a Delaware limited liability company (the “Client”), under the following circumstances:
CUSTOMER AGREEMENTCustomer Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • New York
This Customer Agreement (“Agreement”) between UBS Securities LLC (“UBS-S LLC”) and WCM Pool LLC (“Customer”) shall govern the purchase and sale by UBS-S LLC of certain futures contracts, options thereon and options contracts for the account and risk of Customer through one or more accounts carried by UBS-S LLC on behalf and in the name of Customer (collectively, the “Account”), as more fully described below. “Business Day” as used in this Agreement means any day other than a Saturday, Sunday and/or other day on which the New York Stock Exchange is closed.
KMP FUTURES FUND I LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT JANUARY 1, 2010Limited Liability Company Operating Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • Delaware
This Amended and Restated Limited Liability Company Operating Agreement dated as of January 1, 2010, is entered into between KENMAR PREFERRED INVESTMENTS CORP., a Delaware corporation (the “Managing Member”), as managing member, and DIVERSIFIED FUTURES TRUST I, a Delaware business trust, FUTURES STRATEGIC TRUST, a Delaware business trust, WORLD MONITOR TRUST II – SERIES D, a Delaware business trust, WORLD MONITOR TRUST II – SERIES F a Delaware business trust, and such other person or persons as may become parties to this Agreement, as members (each a “Member,” and collectively with the Managing Member, the “Members”).
FX PRIME BROKERAGE AGREEMENTFx Prime Brokerage Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • New York
This FX PRIME BROKERAGE AGREEMENT (“Agreement”), dated as of February 7, 2008, by and between UBS AG (“UBS”) and WCM Pool LLC (“Customer”), a Delaware limited liability company (“Company”), and sets forth certain terms and conditions relating to the establishment of a facility (the “Facility”) through which the Customer, acting by and through a Trading Advisor, except as otherwise indicated, who is acting as the agent for said Customer (and not in the Trading Advisor’s individual capacity) may trade foreign exchange transactions with various Dealers.
AMENDMENT NO. 1 TO THE UBS SECURITIES LLC FUTURES AND OPTIONS CUSTOMER AGREEMENTFutures and Options Customer Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • Illinois
This Amendment No. 1 (“Amendment”) to the UBS Securities LLC Futures and Options Customer Agreement (“Agreement”) dated as December 4, 2006 by and between UBS Securities LLC (“UBS-S LCC”) and WCM Pool LLC (“Customer”) is made as of this 9th day of October, 2009 by and between UBS-S LLC and Customer.
Master Confirmation for Exotic OptionsKMP Futures Fund I LLC • November 2nd, 2009
The purpose of this Master Agreement Supplement (the “Supplement”) is to set forth certain terms, conditions, and definitions that will apply to any exotic option transaction (a “Transaction”) listed on Exhibit A hereto. As may be entered into from time to time between UBS AG (“Party A”) and WCM Pool LLC (“Party B”) provided, however, that nothing herein shall be deemed to obligate the parties to enter into Transactions with each other on these or any other terms. The parties shall confirm Transactions between each other using market-standard methodologies (which may include confirmations through electronic messaging systems, such as the relevant MT 305 SWIFT Message Type) (each such confirmation referred to herein as a “Transaction Details Confirmation”). Each Transaction Details Confirmation, regardless of its form or its manner of delivery, shall be subject to, and shall be deemed to include, the terms of this Supplement; in the event of any inconsistency between this Supplement and
AMENDMENTAmendment • November 2nd, 2009 • KMP Futures Fund I LLC • New York
This Amendment (the “Amendment”) is made and entered into on this 13th day of October, 2009 between UBS AG, a banking corporation organized under the laws of Switzerland (“Party A”) and WCM Pool LLC, a limited liability company organized under the laws of the State of Delaware (“Party B”).
MASTER CONFIRMATION AGREEMENT FOR NON-DELIVERABLE FORWARD FX TRANSACTIONS dated as of February l l, 2008 (the “Effective Date”) between UBS AG (“Party A”) and WCM Pool LLC (“Party B”)Master Confirmation Agreement • November 2nd, 2009 • KMP Futures Fund I LLC • New York
The parties wish to facilitate the process of entering into and confirming non-deliverable forward foreign exchange transactions and accordingly agree as follows:
