0000947871-11-000721 Sample Contracts

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.

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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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