Common Contracts

TERMINATION AND SETTLEMENT AGREEMENT

Termination and Settlement Agreement • September 28th, 2011 • New York

• Contract Type
  Termination and Settlement Agreement
• Filed
  September 28th, 2011
• Jurisdiction
  New York

This Termination and Settlement Agreement (the “Termination and Settlement Agreement”) dated as of September 28, 2011 among Merrill Lynch International (“MLI”), Merrill Lynch Capital Services Inc. (“MLCS”), Merrill Lynch International Bank Ltd. (“MLIB”), Merrill Lynch Bank & Trust Co. FSB (“MLBT”), Merrill Lynch Commodities Inc. (“MLCI”), Bank of America, N.A., as successor in interest to Merrill Lynch Bank USA (“ML Bank”), and Merrill Lynch Commodities (Europe) Ltd. (“MLCE,” and together with MLI, MLCS, MLIB, MLBT, MLCI and ML Bank, the “Merrill Counterparties and each a “Merrill Counterparty”) and Lehman Brothers Special Financing, Inc. (“LBSF”), Lehman Brothers Commodities Services Inc. (“LBCS”), Lehman Brothers OTC Derivatives Inc. (“LOTC”), Lehman Brothers Commercial Corporation (“LBCC”) and Lehman Brothers Holdings Inc. (“Holdings” and together with LBSF, LBCS, LOTC and LBCC, the “Lehman Entities” and each a “Lehman Entity”), each as a debtor and debtor in possession in cases und