0001104659-09-019986 Sample Contracts

CREDIT SUISSE Subordinated Medium-Term Notes DISTRIBUTION AGREEMENT
Terms Agreement • March 25th, 2009 • Credit Suisse / /Fi • American depositary receipts • New York

The Issuer and the Agent will discuss from time to time the price of and the rates to be borne by the Notes that may be sold as a result of the solicitation of offers by the Agent. Once the Agent has recorded any indication of interest in Notes upon certain terms and communicated with the Issuer, if the Issuer plans to accept an offer to purchase Notes upon such terms, the Issuer will prepare a Pricing Supplement to the Prospectus and Prospectus Supplement, as then amended or supplemented, reflecting the terms of such Notes and, after approval from the Agent, will arrange to have the Pricing Supplement filed with, or transmitted by a means reasonably calculated to result in filing with, the Securities and Exchange Commission (the “Commission”) via the Commission’s EDGAR System pursuant to Rule 424(b) under the Act.* No settlements with respect to Notes upon such terms may occur prior to such transmitting or filing and the Agent will not, prior to such transmitting or filing, mail confi

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AND THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York) (the Trustee) SIXTH SUPPLEMENTAL INDENTURE dated as of March 25, 2009 Supplemental to the Subordinated Indenture, dated as of March 29, 2007
Sixth Supplemental Indenture • March 25th, 2009 • Credit Suisse / /Fi • American depositary receipts • New York

SIXTH SUPPLEMENTAL INDENTURE, dated as of March 25, 2009 (this “Sixth Supplemental Indenture”), between CREDIT SUISSE, a corporation established under the laws of, and duly licensed as a bank in, Switzerland (the “Company”) and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation (the “Trustee”), to the Base Indenture (as defined below).

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