-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, EsADdWr7+zL9F7qoEPD2KxWC8oCYnOfs7HCw+bGTw3EBlbMzZhhALhQVSE8YbNvC Og6mtzMxXImqhXpi7QoTrQ== 0001144204-10-005920.txt : 20100208 0001144204-10-005920.hdr.sgml : 20100208 20100208153318 ACCESSION NUMBER: 0001144204-10-005920 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100205 ITEM INFORMATION: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100208 DATE AS OF CHANGE: 20100208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: RJO GLOBAL TRUST CENTRAL INDEX KEY: 0001027099 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 364113382 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-22887 FILM NUMBER: 10580841 BUSINESS ADDRESS: STREET 1: C/O R J O'BRIEN FUND MANAGEMENT STREET 2: 222 SOUTH RIVERSIDE PLAZA STE 900 CITY: CHICAGO STATE: IL ZIP: 60606 BUSINESS PHONE: 3123735000 MAIL ADDRESS: STREET 1: C/O R J O'BRIEN FUND MANAGEMENT STREET 2: 222 SOUTH RIVERSIDE PLAZA STE 900 CITY: CHICAGO STATE: IL ZIP: 60606 FORMER COMPANY: FORMER CONFORMED NAME: JWH GLOBAL TRUST DATE OF NAME CHANGE: 19970210 FORMER COMPANY: FORMER CONFORMED NAME: JWH GLOBAL PORTFOLIO TRUST DATE OF NAME CHANGE: 19961114 8-K 1 v173503_8k.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549
_____________

FORM 8-K
_____________

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934


Date of report (Date of earliest event reported):  February 5, 2010

RJO GLOBAL TRUST
(Exact Name of Registrant as Specified in Charter)


Delaware
(State or Other Jurisdiction
of Incorporation)
000-22887
(Commission File Number)
 
36-4113382
 (IRS Employer Identification No.)

c/o R.J. O’Brien Fund Management, LLC
222 South Riverside Plaza
Suite 900
Chicago, IL 60606
(Address of Principal Executive Offices)

(312) 373-5000
(Registrant’s telephone number, including area code)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

£  
Written communications pursuant to Rule 425 under the Securities Act.
£  
Soliciting material pursuant to Rule 14a-12 under the Exchange Act.
£  
Pre-commencement communications pursuant to Rule 14d-2b under the Exchange Act.
£  
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.

 


 

 
Item 5.03.              Amendments to Articles of Incorporation or Bylaws; Changes in Fiscal Year.

On February 5, 2010, the managing owner of RJO Global Trust (the “Trust”), R.J. O’Brien Fund Management, LLC (the “Managing Owner”), executed the First Amendment to the Eighth Declaration and Agreement of Trust, attached hereto as Exhibit 3.01, in accordance with its authority under Section 19(a) of the Eighth Declaration and Agreement of Trust (the “Trust Agreement”) to amend the Trust Agreement in order to clarify any clerical inaccuracy or ambiguity or reconcile any inconsistency.

The First Amendment to the Trust Agreement, which is effective as of February 5, 2010, clarifies in Section 5(d) and Section 8(a) of the Trust Agreement that calculations of the Trust’s net asset value per unit (as defined in the Trust Agreement) and monthly allocations related thereto will be calculated on a per class or series basis, as applicable, in the event that the Managing Owner establishes additional public or private offerings of units of beneficial interest in accordance with its authority under Section 14 of the Trust Agreement.
 
 
Item 9.01. Financial Statements and Exhibits.
 
(d)   The following exhibit is filed herewith:
 
Exhibit Number
Description
   
3.01
First Amendment to the Eighth Declaration and Agreement of Trust.
 


 
SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 

 
RJO GLOBAL TRUST
 
(Registrant)
   
   
   
Date: February 8, 2010
 
   
 
By: /s/ Annette A. Cazenave        
 
Annette A. Cazenave
 
Senior Vice President
 
R.J. O’Brien Fund Management, LLC,
Managing Owner



EXHIBIT INDEX


Exhibit Number
Description
   
3.01
First Amendment to the Eighth Declaration and Agreement of Trust.
 
 

EX-3.1 2 v173503_ex3-1.htm
EXHIBIT 3.01
 
First Amendment to the
Eighth Amended and Restated Declaration and Agreement of Trust of
RJO Global Trust


WHEREAS, Section 14 of the Eighth Amended and Restated Declaration and Agreement of Trust (the “Trust Agreement”) of RJO Global Trust (the “Trust”) permits the Managing Owner to establish additional public or private offerings of Units;

WHEREAS, Section 5(d) and Section 8(a) of the Trust Agreement do not explicitly provide for the treatment of the calculation of Net Asset Value per Unit or of monthly allocations in the event of that the Trust offers additional classes or series of Units pursuant to Section 14; and

WHEREAS, Section 19(a) of the Trust Agreement permits the Managing Owner to amend the Trust Agreement in order to clarify any clerical inaccuracy or ambiguity or reconcile any inconsistency;

NOW, THEREFORE, the Trust Agreement is amended as follows, such amendments to become effective immediately:

SECTION 1.    Amendment of Section 5(d) of the Trust Agreement.

The second sentence of Section 5(d) is hereby deleted and replaced with the following:

“The Net Asset Value per Unit is to be determined on a per class or series basis and calculated by dividing the Net Assets of each such class and/or series by the outstanding number of Units of each such class and/or series, subject to the provisions of Section 8(a) hereof.”

SECTION 2.    Amendment of Section 8(a) of the Trust Agreement.

The third sentence of Section 8(a) is hereby deleted and replaced with the following:

“As of the close of business (as determined by the Managing Owner) on the last business day of each month, any increase or decrease in the Net Assets of the Trust as compared to the last such determination of Net Assets shall be credited or charged equally among the Units of all Unitholders on a per class or per series basis.”

SECTION 3.    Authorization of Trustee.

The Trustee is hereby authorized and directed to execute this Amendment to the Trust Agreement to effectuate the amendments proposed herein.
 

 
IN WITNESS WHEREOF, the Managing Owner has determined that this First Amendment to the Eighth Amended and Restated Declaration and Agreement of Trust is necessary in order to clarify a clerical inaccuracy or ambiguity and the Trustee and has duly executed this First Amendment to Eighth Amended and Restated Declaration and Agreement as of February 5, 2010.
 

 
R. J. O’BRIEN FUND MANAGEMENT, LLC
 
as Managing Owner
   
   
     
 
By:
/s/ Annette A. Cazenave          
 
Name:
Annette Cazenave
 
Title:
Senior Vice President

 
WILMINGTON TRUST COMPANY
 
not individually but solely as Trustee
   
   
   
 
By:
/s/ Joseph B. Feil                       
 
Name:
Joseph B. Feil
 
Title:
Vice President

 


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