AGP LP 519 Alpha Group Capital Paul Barrett not considered eligible investors and are not entitled to participate in the ARS buyback under the terms of the settlement. Merrill Lynch's control affiliate BAS entered into similar consent orders with state securities regulators. CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0087659 CONFIDENTIAL SDNY_GM_00233843 EFTA01386109