Exhibit 10.1
Confidential Treatment Requested
by CBOT Holdings, Inc.
SIXTH AMENDMENT TO
LICENSE AGREEMENT DATED
June 5, 1997
This SIXTH Amendment, dated as of
January 19, 2007 (the “Sixth Amendment Effective
Date”), to the License Agreement dated June 5, 1997 made
by and between Dow Jones & Company, Inc. (“Dow
Jones”), having an office at 200 Liberty Street, New York,
New York 10281, the Board of Trade of the City of Chicago
(“CBOT”), having an office at 141 West Jackson
Boulevard, Chicago, IL 60604, as previously amended by an Amendment
to the License Agreement dated as of September 9, 1997 (the
“First Amendment”) and a Second Amendment to the
License Agreement dated as of February 18, 1998 (“Second
Amendment”) and a Third Amendment to the License Agreement
dated as of May 1998 (the “Third Amendment”) and a
Fourth Amendment to the License Agreement dated as of
December 19, 2001 (the “Fourth Amendment”) and a
Fifth Amendment to the License Agreement dated October 2003 (the
“Fifth Amendment”) (collectively, the License
Agreement”).
WHEREAS, the Licensee currently has
a license pursuant to which it may use certain Dow Jones
proprietary indexes (as more particularly described in the License
Agreement, the “Indexes”) in connection with the
trading and issuance of the Products (as defined in the License
Agreement) on or through Licensee, and to use one or more of the
Dow Jones Marks (as more particularly set forth in the License
Agreement) in connection therewith; and
WHEREAS, the Licensee would also
like to use the Dow Jones U.S. Real Estate Index (the “DJUSRE
Index”) in connection with the trading and issuance of
Products based on of the DJUSRE Index;
NOW, THEREFORE, in consideration of
the premises and the mutual covenants and agreements contained
herein and in the License Agreement, and pursuant to
Section 12(c) thereof, the parties hereby agree to amend the
License Agreement as follows:
1. Section l(a) of the License
Agreement is hereby amended by adding after Section l(a)(8):
“(9)(A) Subject to the terms and conditions of the License
Agreement, Dow Jones hereby grants to Licensee a further
non-transferable (except to a sublicensee pursuant to Section
l(a)
