SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • March 15th, 2013 • Santander Holdings USA, Inc. • Savings institution, federally chartered • New York
This Settlement Agreement and Release (the “Agreement”), dated as of November 23, 2012 (the “Effective Date”), is entered into by and between The Bank of New York Mellon Trust Company, N.A. (“BNYM”), acting in its capacity as indenture trustee with respect to certain 4.375% Junior Subordinated Deferrable Interest Debentures due March 1, 2034 (the “Debentures”) issued under the Indenture (as defined below), and Santander Holdings USA, Inc. (“SHUSA”). This Agreement is intended by BNYM and SHUSA (collectively, the “Parties”), to settle fully and finally all claims related to the Litigation (as defined below).
