Biotech Holdrs Trust Sample Contracts

BIOTECH HOLDERS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Biotech Holdrs Trust • National commercial banks • New York

AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of August 11, 2011, between Merrill Lynch, Pierce, Fenner & Smith Incorporated, as initial depositor (the “Initial Depositor”), and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), all Depositors and all Owners and Beneficial Owners from time to time of Depositary Trust Receipts issued under the Depositary Trust Agreement referred to below.

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Biotech Holdrs Trust • November 28th, 2000 • Blank checks

This prospectus supplement amends and supplements information contained in the prospectus dated November 22, 1999 relating to the sale of up to 1,000,000,000 depositary receipts by Biotech HOLDRS Trust.

EXCHANGE AGENT AGREEMENT (Biotech HOLDRS Trust)
Exchange Agent Agreement • September 30th, 2011 • Market Vectors Etf Trust • New York

THIS EXCHANGE AGENT AGREEMENT (Biotech HOLDRs Trust) (this “Agreement”) between Market Vectors ETF Trust, a Delaware statutory trust (the “Offeror”), Van Eck Associates Corporation, a Delaware corporation (the “Parent”), and The Bank of New York Mellon, a New York banking corporation (the “Agent”), is dated as of _______________, 2011.

ARTICLE I DEFINITIONS
Biotech Holdrs Trust • November 28th, 2000 • Blank checks • New York
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