SPDR S&P 500 ETF TRUST - Amendment No. 3 dated as of November 23, 2009 and effective January 27, 2010 to the Amended and Restated Standard Terms and Conditions of Trust dated as of January 1, 2004 and effective January 27, 2004, as amended, between PDR Services LLC, as Sponsor, and State Street Bank and Trust Company, as Trustee (5)
Ex- 99.A1
AMENDMENT NO. 3
TO AMENDED AND RESTATED
STANDARD TERMS AND CONDITIONS OF TRUST
DATED AS OF JANUARY 1, 2004
AND
EFFECTIVE JANUARY 27, 2004,
As Amended
FOR
STANDARD & POORS
DEPOSITARY RECEIPTS (SPDR) TRUST
SERIES 1
AND
ANY SUBSEQUENT AND SIMILAR
SERIES OF THE
SPDR TRUST
BETWEEN
PDR SERVICES LLC,
AS SPONSOR
AND
STATE STREET BANK AND TRUST COMPANY
AS TRUSTEE
DATED AS OF NOVEMBER 23, 2009
AND
TO BE EFFECTIVE SIMULTANEOUSLY WITH THE FILING OF
POST-EFFECTIVE AMENDMENT No. 21 TO THE TRUSTS REGISTRATION
STATEMENT ON FORM S-6 ANTICIPATED TO BE MADE
ON OR ABOUT JANUARY 26, 2010
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This Amendment No. 3 (Amendment Agreement) dated as of November 23, 2009 and to be effective
simultaneously with the filing of Post-Effective Amendment No. 21 to the Trusts Registration
Statement on Form S-6 anticipated to be made on or about January 26, 2010, between PDR Services
LLC, as Sponsor (Sponsor), and State Street Bank and Trust Company, as Trustee (Trustee),
amends the document entitled AMENDED AND RESTATED STANDARD TERMS AND CONDITIONS OF TRUST DATED AS
OF JANUARY 1, 2004 AND EFFECTIVE JANUARY 27, 2004 FOR STANDARD & POORS DEPOSITARY RECEIPTS
(SPDR) TRUST SERIES 1 AND SUBSEQUENT AND SIMILAR SERIES OF THE SPDR TRUST BETWEEN PDR SERVICES
LLC, AS SPONSOR AND STATE STREET BANK AND TRUST COMPANY AS TRUSTEE, as amended (hereinafter
referred to as Standard Terms).
WITNESSETH THAT:
WHEREAS, the parties hereto have entered into the Standard Terms to facilitate the creation of
the SPDR Trust, Series 1 (Trust); and
WHEREAS, the Trust is named Standard & Poors Depositary Receipts Trust Series 1, and;
WHEREAS, upon the advice of State Street Global Markets, LLC as the Marketing Agent for the
Trust, the Sponsor and the Trustee have determined to change the name of the Trust from Standard &
Poors Depositary Receipts Trust Series 1 to SPDR® S&P 500® ETF Trust to aid in the marketing
and distribution of the Trusts units and to make all changes and amendments to the Standard Terms
to accomplish such purpose as more fully set forth below;
NOW THEREFORE, in consideration of the premises and of the mutual agreements contained herein,
the Sponsor and the Trustee agree as follows:
1. The name of the Trust shall be changed in the Standard Terms from Standard & Poors
Depositary Receipts Trust Series 1 to SPDR® S&P 500® ETF Trust in each instance that it appears.
2. The short form name of the Trusts units shall be changed in the Standard Terms from SPDR
or SPDRs to Trust Unit or Unit, or Trust Units or Units, as applicable, in each instance
that it appears.
3. In Article I of the Standard Terms SPDRs shall be replaced with Trust Unit or Unit,
in alphabetical order.
4. The short form name of the Trust shall be changed in the Standard Terms from SPDR Trust
to SPDR 500 Trust in each instance that it appears.
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5. All references in the Standard Terms to SPDR Trust Series 1 shall be replaced with SPDR
500 Trust.
6. All references in the Standard Terms to SPDR Clearing Process shall be replaced with
Clearing Process.
7. Section 10.03 of the Standard Terms shall be amended to (i) replace the comma following
S&P 500 with and and (ii) remove and SPDRs.
8. Section 10.06 of the Standard Terms shall be amended to replace SPDRs with Units.
9. Section 12 of Exhibit A of the Standard Terms shall be amended to replace SPDRs with
Units.
10. The first reference in the Standard Terms to SPDR telephone representative shall be
replaced with SPDR 500 Trust telephone representative, and thereafter it shall be replaced with
telephone representative.
11. Pursuant to Section 10.01, the Trustee has arranged that the Trusts Annual Report dated
September 30, 2009 contain a description of the substance of the terms of this Amendment Agreement
for transmittal by each DTC Participant to the Beneficial Owners of the Trust.
12. Except as amended hereby, the Standard Terms and any and all amendments thereto, including
the document entitled Amendment No. 1 To Amended And Restated Standard Terms And Conditions Of
Trust Dated As Of January 1, 2004 And Effective January 27, 2004 between the Sponsor and the
Trustee, and the document entitled Amendment No. 2 To Amended And Restated Standard Terms And
Conditions Of Trust Dated As Of February 1, 2009 And Effective February 13, 2009 between the
Sponsor and the Trustee, now in effect are in all respects ratified and confirmed hereby and this
Amendment Agreement and all of its provisions shall be deemed to be a part of the Standard Terms.
13. This Amendment Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment Agreement to be duly executed as
of the date hereof.
PDR SERVICES LLC, as Sponsor
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By: |
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Name: Lisa Dallmer
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Title: President |
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Witnessed:
Name:
Witnessed:
Name:
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment Agreement to be duly executed as
of the date hereof.
STATE STREET BANK AND TRUST COMPANY,
as Trustee
ATTEST:
TITLE:
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COMMONWEALTH OF MASSACHUSETTS
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COUNTY OF NORFOLK ) |
On this
day of November in the year 2009, before me personally appeared
to me known, who, being by me duly sworn, did depose and say that he is
of State Street Bank and Trust Company, the bank and trust company described in
and which executed the above instrument; and that he signed his name thereto by authority of the
board of directors of said bank and trust company.
Notary Public
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