0000950123-09-000004 Sample Contracts

ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT by and among BANK OF AMERICA CORPORATION, MERRILL LYNCH & CO., INC., and THE BANK OF NEW YORK MELLON, as Depositary
Assignment, Assumption and Amendment Agreement • January 2nd, 2009 • Bank of America Corp /De/ • National commercial banks • New York

THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT (this “Agreement”) dated as of December 31, 2008 is by and among Bank of America Corporation, a Delaware corporation (“Parent”), Merrill Lynch & Co., Inc., a Delaware corporation (the “Company”) and The Bank of New York Mellon, a New York banking corporation, as depositary (the “Depositary”).

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ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT by and among BANK OF AMERICA CORPORATION, MERRILL LYNCH & CO., INC., and MELLON INVESTOR SERVICES LLC, as Depositary
Assignment, Assumption and Amendment Agreement • January 2nd, 2009 • Bank of America Corp /De/ • National commercial banks • New York

THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT (this “Agreement”) dated as of December 31, 2008 is by and among Bank of America Corporation, a Delaware corporation (“Parent”), Merrill Lynch & Co, Inc., a Delaware corporation (the “Company”) and Mellon Investor Services LLC, a New Jersey limited liability company, as depositary (the “Depositary”).

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