Exhibit 10.1
Portions of this exhibit have been
omitted pursuant to a request for confidential treatment filed with
the Securities and Exchange Commission. The omissions have been
indicated by asterisks (“*****”), and the omitted text
has been filed separately with the Securities and Exchange
Commission.
LICENSE AGREEMENT
AMENDMENT
No. 6
This License Agreement Amendment
No. 6 (the “Amendment No. 6”) executed and
delivered as of March 2, 2009 amends the License Agreement
dated September 20, 2005, as later amended (the
“Agreement”) by and between Standard &
Poor’s Financial Services LLC (“S&P”), as
assignee and successor in interest to Standard &
Poor’s Standard & Poor’s, a division of The
McGraw-Hill Companies, and Chicago Mercantile Exchange Inc.
(“ CME ”).
RECITALS
WHEREAS, S&P and CME are parties
to the Agreement, and now mutually desire to amend certain terms of
the same.
NOW, THEREFORE, in consideration of
the premises and the covenants and conditions contained herein, the
sufficiency of which is hereby acknowledged, the parties, intending
to be legally bound, hereby agree as follows. All capitalized terms
used but not defined in this Amendment No. 6 shall have the
meaning assigned to such terms in the Agreement.
1. Section 1 of the Agreement
shall be amended by adding the following:
(kk) “Cleared OTC Swap”
shall mean a swap contract that is bilaterally negotiated and
cleared by a clearing organization such as CME’s
Clearinghouse.
2. Section 2(a) of the
Agreement shall be amended by adding the following language to the
end of the existing Section 2(a):
In addition, S&P hereby further
grants to CME worldwide licenses: (1) to use the S&P-GSCI
Excess Return Index in connection with clearing, marketing, and
promoting Cleared OTC Swaps; and (2) to use and refer to the
S&P-GSCI Excess Return Index mark in connection with clearing,
marketing, and promoting Indexed Contracts and with making such
disclosures about such Cleared OTC Swap as CME deems necessary or
desirable under any applicable federal or state laws, rules or
regulations or under this Agreement in order to indicate the source
of the S&P Stock Indices.
Portions of this exhibit have been omitted
pursuant to a request for confidential treatment filed with the
Securities and Exchange Commission. The omissions have been
indicated by asterisks (“*****”), and the omitted text
has been filed separately with the Securities and Exchange
Commission.
3. Section 5 of the Agreement shall be
amended by adding the following language after
Section 5(k):
(l) Cleared OTC Swap License
Fee . In addition to all other fee
