Exhibit 10.4
AMENDMENT
Date of Amendment: September 30, 2009
AMENDMENT to the Index License Agreement for Funds (the “Agreement”), dated as of March 18, 2000, by and between MSCI Inc. (“MSCI”) a Delaware corporation, and Barclays Global Investors, N.A. (“Licensee”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed in the Agreement.
| 1. | Exhibit B is hereby amended to allow the funds to be additionally listed and traded on the Chilean domiciled stock or securities exchanges (herein referred to as the Chilean Listed Funds”). All Listed Funds must be issued, sold and traded on a public basis in accordance with applicable Chilean securities law. All other terms and restrictions contained in Exhibit B shall apply to the Chilean Listed Funds. Notwithstanding anything to the contrary in Exhibit A, the Chilean Listed Funds may only be based on the following Indexes: |
| Fund Name | Fund Symbol | MSCI Index Name |
| iShares MSCI Mexico Investable market Index Fund | EWW | MSCI Mexico Investable Market Index |
| iShares MSCI Pacific ex-Japan Index Fund | EPP | MSCI Pacific ex-Japan Index |
| iShares MSCI Brazil Index Fund | EWZ | MSCI Brazil Index |
| iShares MSCI Chile Investable Market Index Fund | ECH | MSCI Chile Investable Market Index |
| iShares MSCI Emerging Markets Index Fund | EEM | MSCI Emerging Markets Index |
| iShares MSCI BRIC Index Fund | BKF | MSCI BRIC Index |
| iShares MSCI Japan Index Fund | EWJ | MSCI Japan Index |
| iShares MSCI EMU Index Fund | EZU | MSCI EMU Index |
| iShares MSCI Australia Index Fund | EWA | MSCI Australia Index |
| iShares MSCI Hong Kong Index Fund | EWH | MSCI Hong Kong Index |
| iShares MSCI South Korea Index Fund | EWY | MSCI South Korea Index |
| iShares MSCI Germany Index Fund | EWG | MSCI Germany Index |
| iShares MSCI United Kingdom Index Fund | EWU | MSCI United Kingdom Index |
| iShares MSCI Singapore Index Fund | EWS | MSCI Singapore Index |
| iShares MSCI Taiwan Index Fund | EWT | MSCI All Peru Capped Index |
| iShares MSCI All Peru Capped Index Fund | EPU | MSCI EAFE Index |
| iShares MSCI EAFE Index Fund | EFA | MSCI EAFE Index |
| iShares MSCI All Country Asia ex Japan Index Fund | AAXJ | MSCI All Country Asia ex Japan Index |
For the avoidance of doubt, the license fees set forth in the Agreement, as amended, shall apply with respect to all Chilean Listed Funds. For clarity, there shall be no separate licensee fees for the
Chilean Listed Funds but any additional assets from the Chilean Listed Funds shall be included in the average daily net assets of the applicable Funds for purposes of calculating license fees.
| 2. | This Amendment is intended to amend and operate in conjunction with the Agreement and together this Amendment and the Agreement constitute the complete and exclusive statement of the agreement between the parties and supersede in full all prior proposals and understandings, oral or written, relating to the subject matter hereof. To the extent that any terms of this Amendment conflict with any terms of the Agreement, the terms of this Amendment will control. No right or license of any kind is granted to Licensee except as expressly provided in the Agreement and this Amendment. |
| 3. | This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York without regard to its conflict or choice of laws principles. |
| LICENSEE | MSCI Inc. | ||||
| By | /s/ Gred Friedman | By | /s/ Paul Friedman | ||
| Name | Greg Friedman | Name | Paul Friedman | ||
| Title | Managing Director | Title | Vice President | ||
| Date | 10/9/09 | Date | 10/9/09 | ||
| By | /s/ Mark Roberts | ||||
| Name | Mark Roberts | ||||
| Title | Principal | ||||
| Date | 10/9/09 | ||||