Merrill Lynch Canada Inc Sample Contracts

AS DEPOSITARY - and -
Deposit Agreement • September 4th, 2001 • Merrill Lynch Canada Inc • Security brokers, dealers & flotation companies • Ontario
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VAN ECK® GLOBAL AND MERRILL LYNCH ENTER AGREEMENT REGARDING OIL SERVICES HOLDRS TRUST (OIH) AND FIVE OTHER HOLDRS® Investors in Six HOLDRS to be Asked to Exchange into Market Vectors® ETFs
Agreement Regarding Oil Services Holdrs and Other Holdrs • August 15th, 2011 • Merrill Lynch Canada Inc • Security brokers, dealers & flotation companies

NEW YORK, (August 12, 2011) – Van Eck Global and Merrill Lynch & Co., a subsidiary of Bank of America Corporation ("Merrill Lynch"), have entered into an agreement relating to Merrill Lynch-sponsored HOLding Depository ReceiptS (“HOLDRS”). Van Eck’s Market Vectors ETF Trust plans to offer investors in six HOLDRS -- Oil Services (OIH), Semiconductor (SMH), Pharmaceutical (PPH), Biotech (BBH), Retail (RTH), and Regional Bank (RKH) -- the opportunity to exchange their shares in these funds for shares of new Market Vectors exchange-traded funds (ETFs). These HOLDRS had approximately $3.65 billion in aggregate assets and a combined 30-day average daily trading volume of approximately 20.07 million shares as of the close of trading on August 11, 2011. Terms of the transaction were not disclosed.

CP HOLDRS DEPOSIT FACILITY AMENDMENT NO. 1 TO THE DEPOSIT AGREEMENT
Deposit Agreement • August 15th, 2011 • Merrill Lynch Canada Inc • Security brokers, dealers & flotation companies • Ontario
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