0001193125-08-094727 Sample Contracts

MERRILL LYNCH & CO., INC., THE BANK OF NEW YORK, As Depositary AND THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN DEPOSIT AGREEMENT Dated as of April 29, 2008
Merrill Lynch • April 29th, 2008 • Merrill Lynch & Co Inc • Security brokers, dealers & flotation companies • New York

DEPOSIT AGREEMENT dated as of April 29, 2008, among Merrill Lynch & Co., Inc., a Delaware corporation, The Bank of New York, a New York banking corporation, and the holders from time to time of the Receipts described herein.

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