Software Holdrs Trust Sample Contracts

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Depositary Trust Agreement • November 28th, 2000 • Software Holdrs Trust

This prospectus supplement amends and supplements information contained in the prospectus dated September 26, 2000 relating to the sale of up to 1,000,000,000 depositary receipts by Software HOLDRS Trust.

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SOFTWARE HOLDRS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Software Holdrs Trust • Blank checks • New York

AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of August 11, 2011, between Merrill Lynch, Pierce, Fenner & Smith Incorporated, as initial depositor (the “Initial Depositor”), and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), all Depositors and all Owners and Beneficial Owners from time to time of Depositary Trust Receipts issued under the Depositary Trust Agreement referred to below.

ARTICLE I DEFINITIONS
Amendment to the Standard Terms for Depositary Trust Agreements • November 28th, 2000 • Software Holdrs Trust • New York
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