EUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside Sample Contracts

eUnitsTM 2 Year U.S. Market Participation Trust V: Upside to Cap / Buffered Downside AGREEMENT AND DECLARATION OF TRUST Dated February 13, 2012

Agreement and Declaration • February 14th, 2012 • eUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside

• Contract Type
  Agreement and Declaration
• Filed
  February 14th, 2012
• Company
  eUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside

AGREEMENT AND DECLARATION OF TRUST, made February 13, 2012 by the Trustees hereunder and by the holders of beneficial interest to be issued hereunder as hereinafter provided and

BANK NAME] [ADDRESS] [Form of] Single-Pay Contract To: [●] (the “Counterparty”) Attn: [●] Tel: [●] Fax: [●] From: [BANK NAME] Date: [●] Ref: [●]

Letter Agreement • March 19th, 2012 • eUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside

• Contract Type
  Letter Agreement
• Filed
  March 19th, 2012
• Company
  eUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside

This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of [●], as amended and supplemented from time to time (the “Agreement”), between you and us. All provisions contained in the Agreement govern this Confirmation except as expressly modified below.