_____________________________________________________________________________________________

 

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

SCHEDULE 13G

 

UNDER THE SECURITIES EXCHANGE ACT OF 1934

(AMENDMENT NO. 1)*

 

CONSUMER DISCRETIONARY SELECT SECTOR SPDR

_________________________________________________

(Name of Issuer)

 

Exchange Traded Fund

_________________________________________________

(Title of Class of Securities)

 

81363Y 40 7

_________________________________________________

(CUSIP Number)

 

December 31, 2008

_________________________________________________

(Date of Event Which Requires Filing of this Statement)

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

 

o

Rule 13d-1(b)

x

Rule 13d-1(c)

o

Rule 13d-1(d)

 

 

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

 

The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

 

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CUSIP NO. 81363Y 40 7

 

 

 

1.

NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)

 

Canadian Imperial Bank of Commerce

2.

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)

 

(a)          o

(b)          o

3.

SEC USE ONLY

 

 

4.

CITIZENSHIP OR PLACE OF ORGANIZATION

 

Delaware

NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH

5.

SOLE VOTING POWER

 

2,350,000

6.

SHARED VOTING POWER

 

0

7.

SOLE DISPOSITIVE POWER

 

2,350,000

8.

SHARED DISPOSITIVE POWER

 

0

9.

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

2,350,000

10.

CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)

 

o

11.

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)

 

7.11%

12.

TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)

 

HC, CO

 

 

 

 

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CUSIP NO. 81363Y 40 7 

 

Item 1(a).

Name of Issuer:

 

CONSUMER DISCRETIONARY SELECT SECTOR SPDR

 

Item 1(b).

Address of Issuer's Principal Executive Offices:

 

225 Franklin Street

Boston, MA 02210

 

Item 2(a).

Name of Person Filing:

 

Canadian Imperial Bank of Commerce

 

Item 2(b).

Address of Principal Office or, if none, Residence:

 

199 Bay Street

Toronto, Ontario M5L 1A2

Canada

 

Item 2(c).

Citizenship or Place of Organization:

 

Canada

 

Item 2(d).

Title of Class of Securities:

 

Common Stock

 

Item 2(e).

CUSIP Number:

 

81363Y 40 7

 

Item 3.  If This Statement Is Filed Pursuant to Sections 240.13d-1(b) or 240.13d-2(b) or (c), Check Whether the Person Filing Is a(n):

 

 

(a)

o

Broker or dealer registered under Section 15 of the Act (15 U.S.C. 78o);

 

 

(b)

o

Bank as defined in Section 3(a)(6) of the Act (15 U.S.C. 78c);

 

 

(c)

o

Insurance company as defined in Section 3(a)(19) of the Act (15 U.S.C. 78c);

 

 

(d)

o

Investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C.

80a-8);

 

 

(e)

o

Investment adviser in accordance with Section 240.13d-1(b)(1)(ii)(E);

 

 

(f)

o

Employee benefit plan or endowment fund in accordance with Section 240.13d-1(b)(1)(ii)(F);

 

 

(g)

o

Parent holding company or control person in accordance with Section 240.13d-1(b)(1)(ii)(G);

(h)

o

 Savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);

 

 

(i)

o

Church plan that is excluded from the definition of an investment company under Section 3(c)(14) of

the Investment Company Act of 1940 (15 U.S.C. 80a-3)

 

 

(j)

o

Group, in accordance with Section 240.13d-1(b)(1)(ii)(J).

 

Item 4.

Ownership. (as of December 31, 2008)

 

 

 

 

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CUSIP NO. 81363Y 40 7

 

 

(a)

Amount beneficially owned: 2,350,000

 

 

(b)

Percent of class: 7.11%

 

 

(c)

Number of shares as to which the person has:

 

 

(i)

Sole power to vote or to direct the vote: 2,350,000

 

 

(ii)

Shared power to vote or to direct the vote: 0

 

 

(iii)

Sole power to dispose or to direct the disposition of: 2,350,000

 

 

(iv)

Shared power to dispose or to direct the disposition of: 0

 

Item 5.

Ownership of Five Percent or Less of a Class.

 

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following o.

 

Item 6.

Ownership of More Than Five Percent on Behalf of Another Person.

 

Not Applicable.

 

Item 7.

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company.

 

Canadian Imperial Holdings Inc., a wholly owned subsidiary of the Reporting Person

 

Item 8.

Identification and Classification of Members of the Group.

 

Not Applicable.

 

Item 9.

Notice of Dissolution of Group.

 

Not Applicable.

 

 

 

 

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CUSIP NO. 81363Y 40 7 

 

 

SIGNATURE

 

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

 

Dated: February 13, 2009

 

CANADIAN IMPERIAL BANK OF COMMERCE

 

 

 

By: /s/ Jeffrey Thibeault  

 

Name:

Jeffrey Thibeault

 

Title:

Vice President and Head of U.S. Compliance,

CIBC World Markets Corp.

 

 

 

 

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