AMENDMENT TO FUTURESACCESSSM ADVISORY AGREEMENT

Contract Categories: Business Operations - Advisory Agreements
EX-10.01 2 efc15-445_ex1001.htm efc15-445_ex1001.htm
EXHIBIT 10.01
 
 
AMENDMENT TO FUTURESACCESSSM ADVISORY AGREEMENT

 
This amendment is made as of April 28, 2015 (the “Amendment”) among ASPECT FUTURESACCESSSM LLC, a Delaware limited liability company (the “Fund”), MERRILL LYNCH ALTERNATIVE INVESTMENTS LLC, a Delaware limited liability company (the “Manager”) and ASPECT CAPITAL LIMITED (the “Trading Advisor”) (the Fund, the Manager and the Trading Advisor are jointly referred to as the “Parties”).  Capitalized terms not otherwise defined herein have those meanings set forth in the Agreement (as defined below).

WHEREAS, the Parties and Aspect FuturesAccessSM Ltd. (the “Offshore Fund”) entered into an Advisory Agreement dated as of May 28, 2004, as amended prior to the effective date set forth above by an amendment dated as of December 4, 2014 (the “Prior Amendment”) as well as various letter agreements (together, the “Agreement”);
 
WHEREAS, the Offshore Fund was removed as a party to the Agreement by the Prior Amendment as a result of the dissolution of the Offshore Fund;

WHEREAS, the Manager and Man Principal Strategies Corp. (“Man”) entered into an Asset Purchase Agreement dated as of December 8, 2014 whereby Man agreed to purchase, among other assets, the rights of the Manager and its affiliates under certain agreements relating to the management of Systematic Momentum FuturesAccess LLC (“Systematic Momentum”);
 
WHEREAS, the purchase of the Manager’s rights in respect of Systematic Momentum is scheduled to become effective as of May 1, 2015 (such date, as it may be extended, the “Effective Date”); and
 
WHEREAS, Class DS Interests are the Class of Interests issued to Systematic Momentum and, as of the Effective Date, Systematic Momentum will no longer invest in the Fund.
 
NOW THEREFORE, the Parties agree to amend the Agreement as follows, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged:

1.  
Effective on the Effective Date, Section 5(b) of the Agreement shall be amended to remove the reference to Class DS Interests.


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IN WITNESS WHEREOF, this Amendment has been executed for and on behalf of the undersigned on the day and year first written above.
 
 
ASPECT FUTURESACCESSSM LLC
  
     
  By: Merrill Lynch Alternative Investments LLC,
Manager
  
     
     
 
By:
/s/ Ninon Marapachi  
    Name: Ninon Marapachi  
    Title: Vice-President of MLAI  
 
 
 
MERRILL LYNCH ALTERNATIVE INVESTMENTS LLC
  
     
     
 
By:
/s/ Ninon Marapachi  
    Name: Ninon Marapachi  
    Title: Vice-President of MLAI  
 
 
 
ASPECT CAPITAL LIMITED
  
     
     
 
By:
/s/ Jonathan Greenwold  
    Name: Jonathan Greenwold  
    Title: Company Secretary and Authorized Signatory
Aspect Capital Limited