is made to the change in control Letter Agreement dated
Merrill Lynch & Co., Inc. (the Letter Agreement).
1. For good and valuable consideration, the receipt of which is hereby acknowledged, you
hereby agree with Merrill Lynch & Co., Inc., and its subsidiaries (the Company) that the Letter
Agreement is hereby terminated and that it henceforth shall be null and void and have no further
effect. You agree that the Company shall be released from any and all obligations arising under
the Letter Agreement and that this release (the Release) shall constitute a full waiver by you of
any such obligations arising thereunder.
2. This Release shall be governed and construed in accordance with the laws of the State of
New York, without reference to the principles of conflict of laws.
Date: February , 2008