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): July 15, 2004
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. 333-109802) 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 shall issue $2,000,000 aggregate original public offering price of Principal Protected Averaging Notes Linked to the S&P 500 Index due July 15, 2011 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 Principal Protected Averaging Notes Linked to the S&P 500 Index due July 15, 2011. | |
| (5) & (23) | Opinion re: legality; consent of counsel.
Opinion of Sidley Austin Brown & Wood LLP relating to the Principal Protected Averaging Notes Linked to the S&P 500 Index due July 15, 2011 (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/ RUSSELL L. STEIN | |
| Russell L. Stein Treasurer | ||
Date: July 15, 2004
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
MERRILL LYNCH & CO., INC.
EXHIBITS TO CURRENT REPORT ON
FORM 8-K DATED JULY 15, 2004
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 Principal Protected Averaging Notes Linked to the S&P 500 Index due July 15, 2011. |
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| (5) & (23) | Opinion re: legality; consent of counsel.
Opinion of Sidley Austin Brown & Wood LLP relating to the Principal Protected Averaging Notes Linked to the S&P 500 Index due July 15, 2011 (including consent for inclusion of such opinion in this report and in Merrill Lynch & Co., Inc.’s Registration Statement relating to such Securities). |
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