0000950123-08-014369 Sample Contracts

Human Resources 31st Floor New York, New York 10080 [Date] [Officer] Merrill Lynch & Co., Inc. 4 World Financial Center New York, NY 10080 Dear [Officer],
Incentive Compensation Agreement • November 5th, 2008 • Merrill Lynch & Co Inc • Security brokers, dealers & flotation companies • New York

Merrill Lynch & Co., Inc (the “Company”) has entered into a Securities Purchase Agreement, dated October 26, 2008 (the “Participation Agreement”), with the United States Department of Treasury (“Treasury”) that provides for the Company’s participation in the Treasury’s TARP Capital Purchase Program (the “CPP”).

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