There is a separate class action settlement covering participants in or beneficiaries of the Merrill Lynch & Co., Inc. 401(k) Savings and Investment Plan (the “SIP”), the Merrill Lynch & Co., Inc. Retirement Accumulation Plan (the “RAP”), and the Merrill Lynch & Co., Inc. Employee Stock Ownership Plan (the “ESOP”) (collectively, the “Plans”) whose accounts included investments in Merrill Lynch common stock. This separate case alleged claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) on behalf of among others, all current and former participants and beneficiaries of any of the Plans whose individual Plan account(s) included investments in Merrill Lynch stock at any time between September 30, 2006 and December 31, 2008, inclusive. You may find more information on the separate ERISA Class Action Settlement, including a copy of the ERISA Class Action Notice that contains a description of the ERISA Settlement Class and other important information regarding that case, by visiting: http://www.merrilllyncherisasettlement.com.

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