0001193125-08-220414 Sample Contracts

Via Certified Mail, Return Receipt Requested [Insert Name and Address] Dear [Insert Name],
Securities Purchase Agreement • October 30th, 2008 • Bank of New York Mellon CORP • State commercial banks

The Bank of New York Mellon Corporation (the “Company”) anticipates entering into a Securities Purchase Agreement (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”). If the Company does not participate or ceases at any time to participate in the CPP, this letter shall be of no further force and effect.

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