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As Of Filer Filing For·On·As Docs:Size Issuer Agent 9/09/10 Currencyshares Canadian Dollar Tr 10-Q 7/31/10 7:348K RR Donnelley/FA |
Document/Exhibit Description Pages Size
1: 10-Q Quarterly Report HTML 137K
2: EX-4.1 Amendment to Depositary Trust Agreement HTML 12K
3: EX-10.1 Amendment to Deposit Account Agreement HTML 11K
4: EX-31.1 Certification of Principal Executive Officer HTML 12K
Pursuant to Section 302(A)
5: EX-31.2 Certification of Principal Financial Officer HTML 12K
Pursuant to Section 302(A)
6: EX-32.1 Certification of Principal Executive Officer HTML 8K
Pursuant to Section 906
7: EX-32.2 Certification of Principal Financial Officer HTML 8K
Pursuant to Section 906
| Amendment to Depositary Trust Agreement |
EXHIBIT 4.1
AMENDMENT TO DEPOSITARY TRUST AGREEMENT
THIS AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”) is made as of the 13th day of November, 2008 by and between Rydex Specialized Products LLC, a Delaware limited liability company d/b/a “Rydex Investments” (the “Sponsor”) in its capacity as sponsor of the CurrencyShares Canadian Dollar Trust, a trust formed under New York law (the “Trust”) and The Bank of New York Mellon, a New York banking corporation (the “Trustee”) in its capacity as trustee of the Trust.
W I T N E S S E T H
WHEREAS, The Sponsor and the Trustee are parties to that certain Depositary Trust Agreement dated June 8, 2006 (the “Agreement”); and
WHEREAS, the parties desire to amend the Agreement on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto agree as follows:
1. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement.
2. Amendment.
a. Section 1.1 of the Agreement is hereby amended by deleting the defined term “Noon Buying Rate.”
b. Section 1.1 of the Agreement is hereby amended by adding the following defined terms:
“Closing Spot Rate” means the Canadian Dollar/Dollar exchange rate, as determined by WM/Reuters each New York Business Day at approximately 4:00 PM (London time).
“WM/Reuters” means the joint venture of The WM Company PLC and Thomson Reuters.
c. Section 1.1 of the Agreement is hereby amended by deleting the defined term “Relevant Price” and substituting the following in lieu thereof:
“Relevant Price” means the Closing Spot Rate, except as provided below. If, on a particular evaluation date, WM/Reuters does not announce a Closing Spot Rate by 6:00 PM (London time), then the most recent WM/Reuters determination of the Closing Spot Rate will be the “Relevant Price” and be used to determine the NAV of the Trust unless the Trustee, in consultation with the Sponsor,
determines that such price is inappropriate to use as the basis for such valuation. In the event that the Trustee and the Sponsor determine that the most recent WM/Reuters determination of the Closing Spot Rate is not an appropriate basis for valuation of the Trust’s Canadian Dollar, the Trustee and the Sponsor shall determine an alternative basis for such evaluation to be employed by the Trustee, which will be the “Relevant Price.”
3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument.
4. Other. In the event of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page Follows]
2
IN WITNESS WHEREOF, the undersigned have signed and delivered this Amendment as of the date hereof.
| RYDEX SPECIALIZED PRODUCTS LLC, as Sponsor | ||
| By: | /s/ Kevin Farragher | |
| Name: | Kevin Farragher | |
| Title: | CEO | |
| THE BANK OF NEW YORK MELLON, as Trustee | ||
| By: | /s/ Andrew Pfeifer | |
| Name: | Andrew Pfeifer | |
| Title: | Vice President | |
| This ‘10-Q’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 9/9/10 | None on these Dates | ||
| For Period End: | 7/31/10 | |||
| 6/8/06 | ||||
| List all Filings | ||||