Internet Infrastructure HOLDRS Trust (the Trust) was formed under the depositary trust agreement among The Bank of New York, as trustee, Merrill Lynch, Pierce, Fenner & Smith Incorporated, other depositors and the owners of the Internet Infrastructure HOLDRS. The Trust holds shares of common stock issued by a group of specified companies that were, at the time of the initial offering, generally considered to be involved in various aspects of the Internet infrastructure segment of the Internet industry. The Internet infrastructure segment of the Internet industry consists of companies that, among other things, provide software and related services, which allow Internet companies to better manage their Websites and improve online communications. The Trust will terminate on December 31, 2040, or earlier if a termination event occurs.