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Amendment No. 1 to
Distribution Agreement
This Amendment
No. 1 dated as of May 15, 2009 (this
“Amendment”) is to the Distribution Agreement dated
January 16, 2007 (the “Agreement”) by and among
ALPS Distributors, a Colorado corporation and a registered
broker-dealer under the Securities Exchange Act of 1934 (the
“Distributor”), GreenHaven Commodity Services, LLC, a
Delaware limited liability company (the “Managing
Owner”), and GreenHaven Continuous Commodity Index Fund, a
Delaware statutory trust (the “Fund”).
WHEREAS, the
Distributor, the Managing Owner and the Fund wish to amend the
Agreement in certain respects as more fully set forth
below.
NOW, THEREFORE, in
consideration of the mutual promises and undertakings herein
contained, the parties agree as follows:
1. Effective
as of the date of this Amendment, the first sentence of
Section 3 (Expenses and Disbursements) of the Agreement is
replaced in its entirety as follows:
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The
Managing Owner shall reimburse the Distributor for any reasonable
expenses or disbursements incurred by the Distributor in connection
with the performance by the Distributor of its Services hereunder
not to exceed $50,000 per annum, not to exceed $100,000 for the
two-year period beginning May 15, 2009.
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2. Effective
as of the date of this Agreement, Schedule A (List of
Services) of the Agreement is replaced in its entirety by a new
Schedule A (List of Services) attached hereto and made
a part of the Agreement.
3. Effective
as of the date of this Amendment, Section 2 (Fees for the
Services) of the Agreement is replaced in its entirety as
follows:
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2.
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Fees for the Services
. In exchange for the
Distributor’s provision of the Services, the Managing Owner
agrees to pay to the Distributor a fee in an amount to be agreed to
in writing by the parties hereto from time to time, subject to any
li
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