Common use of Portfolio Clause in Contracts

Portfolio. The calculation agent will include in the 2004-1 Income 10 Portfolio only stocks that meet the following criteria: (1) each Underlying Stock must have a minimum market value of at least $75 million, except that up to 10% of the Underlying Stocks may have a market value of $50 million; (2) each Underlying Stock must have an average monthly trading volume in the preceding six months of not less than 1,000,000 shares, except that up to 10% of the Underlying Stocks may have an average monthly trading volume of 500,000 shares or more in the last six months; (3) 90% of the 2004-1 Income 10 Portfolio's numerical index value and at least 80% of the total number of Underlying Stocks will meet the then current criteria for standardized option trading set forth in the rules of the AMEX; and (4) all Underlying Stocks will either be listed on the AMEX, the New York Stock Exchange (the "NYSE"), or traded through the facilities of the Nasdaq National Market and reported as National Market System Securities. After reconstituting the 2004-1 Income 10 Portfolio for the next year, the calculation agent will rebalance the 2004-1 Income 10 Portfolio and set Portfolio Composition Ratios so that each Underlying Stock represents approximately 10% of the value of the 2004-1 Income 10 Portfolio based on the Closing Prices of the Underlying Stocks as of the reconstitution date. This reconstituted and rebalanced portfolio will become the basis for the value of the Income 10 Portfolio on the following Trading Day.

Portfolio. The calculation agent will include in the 2004-1 Income 10 Portfolio only stocks that meet the following criteria: (1) each Underlying Stock must have a minimum market value of at least $75 million, except that up to 10% of the Underlying Stocks may have a market value of $50 million; (2) each Underlying Stock must have an average monthly trading volume in the preceding six months of not less than 1,000,000 shares, except that up to 10% of the Underlying Stocks may have an average monthly trading volume of 500,000 shares or more in the last six months; (3) 90% of the 2004-1 Income 10 Portfolio's ’s numerical index value and at least 80% of the total number of Underlying Stocks will meet the then current criteria for standardized option trading set forth in the rules of the AMEX; and (4) all Underlying Stocks will either be listed on the AMEX, the New York Stock Exchange (the "“NYSE"”), or traded through the facilities of the Nasdaq National Market and reported as National Market System Securities. After reconstituting the 2004-1 Income 10 Portfolio for the next year, the calculation agent will rebalance the 2004-1 Income 10 Portfolio and set Portfolio Composition Ratios so that each Underlying Stock represents approximately 10% of the value of the 2004-1 Income 10 Portfolio based on the Closing Prices of the Underlying Stocks as of the reconstitution date. This reconstituted and rebalanced portfolio will become the basis for the value of the Income 10 Portfolio on the following Trading Day.