0001193125-04-146535 Sample Contracts

MERRILL LYNCH & CO., INC. and JPMORGAN CHASE BANK, as Warrant Agent
Warrant Agreement • August 25th, 2004 • Merrill Lynch & Co Inc • Security brokers, dealers & flotation companies • New York

THIS AGREEMENT, dated as of August 25, 2004, between MERRILL LYNCH & CO., INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), and JPMORGAN CHASE BANK, a New York banking corporation, as Warrant Agent (the “Warrant Agent”).

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