Attached files
file | filename |
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8-K - FORM 8-K - SPDR GOLD TRUST | y04905e8vk.htm |
EX-10.2 - EX-10.2 - SPDR GOLD TRUST | y04905exv10w2.htm |
EX-10.1 - EX-10.1 - SPDR GOLD TRUST | y04905exv10w1.htm |
Exhibit 4.1
Execution Copy
AMENDMENT NO. 3
dated as of June 1, 2011
to
Trust Indenture
of SPDR® GOLD TRUST
dated as of November 12, 2004
dated as of June 1, 2011
to
Trust Indenture
of SPDR® GOLD TRUST
dated as of November 12, 2004
This Amendment (this Amendment), dated as of June 1, 2011, is to the Trust Indenture
(the Trust Indenture), dated as of November 12, 2004, and as amended from time to time,
between World Gold Trust Services, LLC, as Sponsor (the Sponsor), and The Bank of New
York Mellon, as Trustee (the Trustee), establishing the SPDR® GOLD TRUST (the
Trust).
WHEREAS, in order to allow the Custodian to allocate all Gold standing to the credit of the
Trust Unallocated Account to the Trust Allocated Account by the end of each Business Day, the
Sponsor and the Trustee wish to amend the Trust Indenture to authorize the Trustee, on behalf of
the Trust, to enter into an overdraft facility with the Custodian under which the Custodian will
make available to the Trust Unallocated Account up to 430 Fine Ounces of Gold for purposes of such
allocation and for certain other related purposes.
WHEREAS, Section 10.01 of the Trust Indenture provides, in pertinent part, that the Sponsor
and the Trustee may amend the Trust Indenture to cure any ambiguity or to correct or supplement
any provision hereof which may be defective or inconsistent or to make such other provisions in
regard to matters or questions arising hereunder as will not materially adversely affect the
interests of Beneficial Owners as determined in good faith by the Sponsor; and
WHEREAS, all conditions and requirements necessary to make this Amendment a valid instrument
that is legally binding on the parties hereto and on the Beneficial Owners have been satisfied.
NOW, THEREFORE, the Sponsor and the Trustee agree as follows:
1. The following new Section 8.01(x) is hereby added to the Trust Indenture immediately after
current Section 8.01(w):
(x) The Trustee is authorized to, and shall when so directed
by the Sponsor, (i) enter into an overdraft facility with the
Custodian from time to time under which the Custodian will make
available to the Trust Unallocated Account up to 430 Fine Ounces
of Gold in order to allow the Custodian to transfer all Gold
standing to the credit of the Trust Unallocated Account (prior to
the use of the overdraft facility) to the Trust Allocated Account
by the
close of business on any Business Day; and (ii), on any
Business Day, permit the Custodian to repay itself the amount of
any overdraft from any positive balance of the Trust Unallocated
Account prior to the execution by the Custodian of any standing
instruction to allocate Gold to the Trust Allocated Account and to
immediately repay itself the full amount of any overdraft existing
at the time of the termination of the Unallocated Bullion Account
Agreement, unless the Sponsor, the Trustee and the Custodian shall
agree upon repayment by other means. The provision of any such
overdraft facility shall be without fee, cost or interest to the
Trust, and the Custodian shall have no right, charge, security
interest, lien or claim or right of set-off against the Gold held
in the Trust Allocated Account or standing to the credit of the
Trust in the Trust Unallocated Account as a result of the
provision of any such overdraft facility, unless, notwithstanding
anything else to the contrary in this Agreement, the Sponsor, the
Trustee and the Custodian otherwise agree.
2. Except as modified by this Amendment, the Trust Indenture shall remain unmodified and in
full force and effect.
3. Written notice of this amendment, in the form annexed, shall be distributed as provided in
Section 10.01(b) of the Trust Indenture.
4. Capitalized terms used but not defined in this Amendment shall have the meanings assigned
to such terms in the Trust Indenture.
5. This Amendment may be executed in any number of counterparts, each of which when executed
and delivered shall be deemed an original, but together shall constitute one and the same
amendment.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Sponsor and the Trustee have duly executed and delivered this
Amendment as of the date first above written.
World Gold Trust Services, LLC, as Sponsor |
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By: | ||||
Name: | ||||
Title: | ||||
The Bank of New York Mellon, as Trustee |
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By: | ||||
Name: | ||||
Title: | ||||
[Signature Page to Amendment No. 3 to
Trust Indenture of SPDR® GOLD TRUST]
Trust Indenture of SPDR® GOLD TRUST]
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SPDR® GOLD TRUST
Notice of Amendment of Trust Indenture
The Trustee of the Trust has been authorized to, and, when directed by the Sponsor will, enter
into an overdraft facility with the Custodian under which the Custodian will make available to the
Trusts unallocated account up to the maximum of 430 fine ounces of gold in order to allow the
Custodian to fully allocate all gold held in the Trusts unallocated account to the Trusts
allocated account by the close of business on each business day. The terms of the overdraft
facility permit the Custodian to repay itself the amount of any overdraft from any positive balance
of the Trusts unallocated account prior to the Custodians execution of any standing instruction
to allocate gold to the Trusts allocated account and to immediately repay itself the full amount
of any overdraft existing at the time of the termination of the Trusts unallocated bullion account
agreement with the Custodian, unless the Sponsor, the Trustee and the Custodian agree upon
repayment by other means. The Trust shall not be charged any fee, cost or interest for the
provision of the overdraft facility, and the Custodian shall have no right, charge, security
interest, lien or claim or right of setoff against the gold held in the Trusts allocated account
or credited to the Trusts unallocated account as a result of the provision of the overdraft
facility unless otherwise agreed to by the Sponsor, the Trustee and the Custodian.
This notice is provided as directed by the Trust Indenture. No action by owners of Shares is
required.
The Bank of New York Mellon Trustee |
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