-----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, P3w5LhSIpY4Yt5ITR8/bWwdSUNs9iZ4azyH8dGqg+JJbvg9v4knmzOMcFPr6PBOs jfhZC7PpCR1joXLFtbUUFQ== 0001193125-10-202432.txt : 20100901 0001193125-10-202432.hdr.sgml : 20100901 20100901102533 ACCESSION NUMBER: 0001193125-10-202432 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100901 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100901 DATE AS OF CHANGE: 20100901 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CURRENCYSHARES SWISS FRANC TRUST CENTRAL INDEX KEY: 0001353615 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS BUSINESS CREDIT INSTITUTION [6159] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32907 FILM NUMBER: 101051528 BUSINESS ADDRESS: STREET 1: C/O RYDEX INVESTMENTS, ATTN: TIM MEYER STREET 2: 9601 BLACKWELL ROAD, SUITE 500 CITY: ROCKVILLE STATE: MD ZIP: 20850 BUSINESS PHONE: 301-296-5129 MAIL ADDRESS: STREET 1: C/O RYDEX INVESTMENTS, ATTN: TIM MEYER STREET 2: 9601 BLACKWELL ROAD, SUITE 500 CITY: ROCKVILLE STATE: MD ZIP: 20850 8-K 1 d8k.htm FORM 8-K Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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) September 1, 2010

 

 

CurrencyShares® Swiss Franc Trust

Sponsored by Rydex Specialized Products LLC,

d/b/a Rydex Investments

(Exact name of registrant as specified in its charter)

 

 

 

New York   001-32907   20-4686336

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

9601 Blackwell Road, Suite 500

Rockville, Maryland

  20850
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (301) 296-5100

Not Applicable

(Former name or former address, if changed since last report)

 

 

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 (17 CFR 230 .425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 1.01 Entry Into Material Definitive Agreement.

Effective September 1, 2010, The Bank of New York Mellon, it its capacity as Trustee of the CurrencyShares® Swiss Franc Trust (the “Trust”), and JPMorgan Chase Bank, N.A., London Branch, Depository for the Trust, entered into an amendment of the Trust’s Deposit Account Agreement. The amendment changes the reference rate for the interest that may be paid on deposits of Swiss Francs from the British Bankers Association LIBOR Overnight rate to the Tom-Next Overnight Indexed Swap rate.

 

Item 9.01 Financial Statements and Exhibits.

 

(a) Not applicable.

 

(b) Not applicable.

 

(c) Not applicable.

 

(d) Exhibits. The following exhibit is filed herewith:

 

  10.1 Amendment No. 2 to Deposit Account Agreement dated as of September 1, 2010


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.

 

    CURRENCYSHARES® SWISS FRANC TRUST
    By:  

Rydex Specialized Products LLC

Sponsor of the CurrencyShares®

Swiss Franc Trust

September 1, 2010     By:  

/s/ Joseph Arruda

      Joseph Arruda
      Chief Financial Officer
EX-10.1 2 dex101.htm AMENDMENT NO. 2 TO DEPOSIT ACCOUNT AGREEMENT Amendment No. 2 to Deposit Account Agreement

Exhibit 10.1

AMENDMENT 2 TO DEPOSIT ACCOUNT AGREEMENT

THIS AMENDMENT 2 TO DEPOSIT ACCOUNT AGREEMENT (“Amendment 2”) is made as of the 1st day of September 2010 by and between The Bank of New York Mellon, in its capacity as trustee of the CurrencySharesSM Swiss Franc Trust, a trust formed under New York law (the “Trust”) and the London Branch of JPMorgan Chase Bank, N.A. (the “Bank”).

W I T N E S S E T H

WHEREAS, the Trust and the Bank are parties to that certain Deposit Agreement dated June 8, 2006 (the “Agreement”), as amended by the amendment of 13 November 2008 (“Amendment 1”); 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. Section 7.1 of the Agreement is hereby amended to read as follows:

“Interest will accrue daily, in Swiss Francs, on all Swiss Franc balances in the Interest Account only and will be credited monthly, in Swiss Francs, to the Non-Interest Account. No interest will be earning on balances in the Non-Interest Account. The Bank agrees that it will endeavour at all times to pay a competitive interest rate on all Swiss Franc balances in the Interest Account. As of the date of this Agreement, the Bank has agreed to pay interest at a rate equal to TOIS (TOM-NEXT INDEXED SWAP) less 35 basis points on all balances in the Interest Account. The Bank may change the rate based on changes in the TOIS rate, other market conditions or the Bank’s liquidity needs. The Bank will notify the Customer of the interest rate applied each Bank business day after the close of the Bank business day. The Bank will endeavour to provide to the Customer and Customer’s sponsor advance notice whenever the Bank intends to change the interest rate on the Interest Account, except where there are unforeseen changes in conditions or significant changes in the Trust’s balances in the Interest Account. If the Bank at any times pays an unsatisfactory interest rate on the Interest Account, the Customer’s sole recourse will be to withdraw the Swiss Francs balance from the Interest Account, terminate the Deposit Account Agreement and close the Accounts.”

3. Counterparts. This Amendment 2 may be executed in any number of counterparts, each of which shall be deemed an original, but all counterparts together shall constitute one and the same instrument.


4. Governing Law. This Amendment 2 and any non-contractual obligations arising out of or in connection with it will be governed by and construed in accordance with English law. The courts of England and Wales shall have non-exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes which may arise out of or in connection with this Amendment 2.

5. Other. In the event of any conflict between the terms of this Amendment 2 and the terms of the Agreement or Amendment 1, the terms of this Amendment 2 shall control. All other terms and conditions of the Agreement and Amendment 1 shall remain in full force and effect.

[Signature page follows]

 

2


IN WITNESS WHEREOF, the undersigned have signed and delivered this Amendment 2 as of the date hereof.

 

    JP MORGAN CHASE BANK, N.A., London Branch
    By:  /s/ Mei Po Wong
    Name:  Mei Po Wong
    Title:  Vice President
    CURRENCYSHARES SWISS FRANC TRUST, by the Bank of New York, in its capacity as Trustee of the CurrencyShares Swiss Franc Trust and not in its individual capacity
    By:  /s/ Andrew Pfeifer
    Name:  Andrew Pfeifer
    Title:  Vice President

 

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