SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
 
 
FORM 8-K
 
 
CURRENT REPORT
 
 
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
 
 
Date of Report (Date of earliest event reported): August 7, 2002
 
 
 
 
Merrill Lynch & Co., Inc.
(Exact name of Registrant as specified in its charter)
 
 
Delaware
  
1-7182
  
13-2740599
(State or other jurisdiction of incorporation)
  
(Commission File Number)
  
(I.R.S. Employer Identification No.)
 
 
4 World Financial Center, New York, New York 10080
(Address of principal executive offices) (Zip Code)
 
 
Registrant’s telephone number, including area code:
     
(212) 449-1000
 
 
(Former name or former address, if changed since last report.)
 
 

Item 5.
 
Other Events
 
Exhibits are filed herewith in connection with the Registration Statement on Form S-3 (File No. 333-83374) filed by Merrill Lynch & Co., Inc. (the “Company”) with the Securities and Exchange Commission covering Senior Debt Securities issuable under an indenture dated as of April 1, 1983, as amended through the date hereof, between the Company and JPMorgan Chase Bank (as so amended, the “Indenture”). The Company will issue $24,000,000 aggregate principal amount of Market Index Target-Term Securities® based upon the Dow Jones Industrial AverageSM due August 7, 2009 under the Indenture. The exhibits consist of the form of Securities and an opinion of counsel relating thereto.
 
Item 7.
 
Financial Statements, Pro Forma Financial Information and Exhibits
 
      
EXHIBITS
 
(4
)


   
Instruments defining the rights of security holders, including indentures.
 
Form of Merrill Lynch & Co., Inc.’s Market Index Target-Term Securities® based upon the Dow Jones Industrial AverageSM due August 7, 2009.
 
(5
) & (23)

   
Opinion re: legality; consent of counsel.
 
Opinion of Sidley Austin Brown & Wood LLP relating to the Market Index Target-Term Securities® based upon the Dow Jones Industrial AverageSM due August 7, 2009 (including consent for inclusion of such opinion in this report and in Merrill Lynch & Co., Inc.’s Registration Statement relating to such Securities).
 
 

2

SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized.
 
MERRILL LYNCH & CO., INC.
                  (Registrant)
By:
  
    /s/    John C. Stomber
   
John C. Stomber
Senior Vice President
and
Treasurer
 
 
 
Date: August 7, 2002
 

3

SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
 
 
MERRILL LYNCH & CO., INC.
 
 
 
 
 
 
EXHIBITS TO CURRENT REPORT ON
FORM 8-K DATED AUGUST 7, 2002
 
 
 
 
 
 
Commission File Number 1-7182

 
Exhibit Index
 
Exhibit No.
   
Description
   
Page
(4)
   
Instruments defining the rights of security holders, including indentures.
 
     
    
Form of Merrill Lynch & Co., Inc.’s Market Index Target-Term Securities® based upon the Dow Jones Industrial AverageSM due August 7, 2009.
 
     
(5) & (23)
   
Opinion re: legality; consent of counsel.
 
     
    
Opinion of Sidley Austin Brown & Wood LLP relating to the Market Index Target-Term Securities® based upon the Dow Jones Industrial AverageSM due August 7, 2009 (including consent for inclusion of such opinion in this report and in Merrill Lynch & Co., Inc.’s Registration Statement relating to such Securities).