0000947871-11-000733 Sample Contracts

SOFTWARE HOLDRS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Software Holdrs Trust • Blank checks • 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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