AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OFAndtrust Agreement • January 25th, 2008 • MLM Index Fund • Commodity contracts brokers & dealers • Delaware
This AMENDMENT ("Amendment") is made and entered into as of the 23rd day of March, 1999 by and among MOUNT LUCAS INDEX MANAGEMENT CORPORATION, a Delaware corporation, as grantor and manager (the "Manager"), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Trustee”) and the Interests Holders whose signatures appear on the execution page hereof and who hold in the aggregate more than 10% of the outstanding Interests of each Series as of the date hereof (exclusive of the Interests of the Manager) (the “Signing Interest Holders”), and is made with reference to, and pursuant to the authority granted by Section 11.1 of that certain Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”) dated the 31st day of August, 1998, by and among the Manager, the Trustee and the Interest Holders of the MLMIndex™ Fund (the “Trust”). Capitalized terms used but not defined herein shall have the meaning assigned thereto in the Trust Agreement.
