core economic rights), or (ii) prior to the amendment, (a) the Sponsor obtains and delivers to the Trustee a written opinion of counsel to the effect that after such amendment the Trust will continue to be classified as a “grantor trust” under the Code, and (b) in the event that such opinion of counsel assumes that certain actions are taken by the Sponsor or the Trustee in connection with such amendment, such actions shall be taken by the Sponsor or the Trustee, as the case may be. Any amendment that imposes or increases any fees or charges (other than taxes and other governmental charges, registration fees or other such expenses), or that otherwise prejudices any substantial existing right of the Registered Owners, will not become effective as to outstanding Shares until 30 days after notice of such amendment is given to the Registered Owners. Every Registered Owner and Beneficial Owner, at the time any amendment so becomes effective, shall be deemed, by continuing to hold any Shares or an interest therein, to consent and agree to such amendment and to be bound by this Agreement as amended thereby….
WHEREAS, the Sponsor and the Trustee desire to amend each Agreement so as to change the fiscal year of each Trust; and
WHEREAS, in accordance with Section 8.1 of each Agreement, the amendments contemplated by this Amendment shall be effective upon the execution of this Amendment by the Sponsor and the Trustee, and no further action shall be required.
NOW, THEREFORE, in consideration of the premises and the agreements hereinafter set forth, the parties hereby agree as follows:
I. | Amendment to the FXA Agreement. |
1. Amendment of Section 1.1 of the FXA Agreement. The defined term “Fiscal Year” in Section 1.1 of the FXA Agreement is hereby deleted and replaced with the following:
“Fiscal Year” means the annual accounting periods of the Trust which will end on December 31 of each year.
II. | Amendment to the FXB Agreement. |
1. Amendment of Section 1.1 of the FXB Agreement. The defined term “Fiscal Year” in Section 1.1 of the FXB Agreement is hereby deleted and replaced with the following:
“Fiscal Year” means the annual accounting periods of the Trust which will end on December 31 of each year.
III. | Amendment to the FXC Agreement. |
1. Amendment of Section 1.1 of the FXC Agreement. The defined term “Fiscal Year” in Section 1.1 of the FXC Agreement is hereby deleted and replaced with the following:
“Fiscal Year” means the annual accounting periods of the Trust which will end on December 31 of each year.
IV. | Amendment to the FXCH Agreement. |
1. Amendment of Section 1.1 of the FXCH Agreement. The defined term “Fiscal Year” in Section 1.1 of the FXCH Agreement is hereby deleted and replaced with the following:
“Fiscal Year” means the annual accounting periods of the Trust which will end on December 31 of each year.
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