EX-4.9



 Exhibit 4.9 
  

					
	



	  	 U.S. Department of Justice
  

Criminal Division
	  	

  
  

					
	 	  	Washington, D.C. 20530	  	 
			
		  	October 20, 2014	  	
			
	VIA E-MAIL	  		  	
	Gary R. Spratling, Esq.	  	David P. Burns, Esq.	  	
	Gibson, Dunn & Crutcher LLP	  	Gibson, Dunn & Crutcher LLP	  	
	555 Mission Street, Suite 3000	  	1050 Connecticut Ave NW	  	
	San Francisco, CA 94105	  	Washington, DC 20036	  	

 Re:      UBS AG 

Dear Mr. Spratling and Mr. Bums: 

This letter amends the agreement (the “Agreement”) entered into between the United States Department of Justice,
Criminal Division, Fraud Section (“Fraud Section”) and UBS AG (“UBS”) on December 18, 2012, concerning UBS’s submissions of benchmark interest rates, including the London InterBank Offered Rate (known as LIBOR), the
Euro Interbank Offered Rate (known as EURIBOR), and the Tokyo InterBank Offered Rate (known as TIBOR), as described in Appendix A to the Agreement. A copy of the Agreement is attached to this letter. 

The Fraud Section and UBS agree to amend the Agreement as follows: 

1.  The sixth paragraph of the Agreement is amended to read: 

This Agreement shall have a term of three years from the date of this Agreement, except as specifically
provided below. It is understood that for the three-year term of this Agreement, UBS shall: (a) commit no United States crime whatsoever; (b) truthfully and completely disclose non-privileged information with respect to the activities of
UBS, its officers and employees, and others concerning all matters about which the Fraud Section inquires of it, which information can be used for any purpose, except as otherwise limited in this Agreement; (c) bring to the Fraud Section’s
attention all potentially criminal conduct by UBS or any of its employees that relates to violations of U.S. laws (i) concerning fraud or (ii) governing securities and commodities markets; and (d) bring to the Fraud Section’s
attention all criminal or regulatory investigations, administrative proceedings or civil actions brought by any 







 
governmental authority in the United States against UBS or its employees that alleges fraud or violations of the laws governing securities and commodities markets. 

2.  The seventh paragraph of the Agreement is amended to read: 

Until the date upon which all investigations and prosecutions arising out of the conduct described in this
Agreement are concluded, including the investigations of the matters listed in Appendix C, whether or not they are concluded within the three-year term of this Agreement, UBS shall, in connection with any investigation or prosecution arising out of
the conduct described in this Agreement: (a) cooperate fully with the Fraud Section, the Federal Bureau of Investigation, and any other law enforcement or government agency designated by the Fraud Section; (b) assist the Fraud Section in
any investigation or prosecution by providing logistical and technical support for any meeting, interview, grand jury proceeding, or any trial or other court proceeding; (c) use its best efforts promptly to secure the attendance and truthful
statements or testimony of any officer, agent or employee at any meeting or interview or before the grand jury or at any trial or other court proceeding; and (d) provide the Fraud Section, upon request, all non-privileged information,
documents, records, or other tangible evidence about which the Fraud Section or any designated law enforcement or government agency inquires. 

3.  With the exceptions of the paragraphs above, all terms of the Agreement remain the same. 

 

			
			Sincerely,
		
			WILLIAM J. STELLMACH
			Acting Chief
			Criminal Division, Fraud Section
			United States Department of Justice
		
	By:		




		 	  

			Albert B. Stieglitz, Jr., Assistant Chief
			Thomas B.W. Hall, Trial Attorney



  
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	AGREED AND CONSENTED TO:
			
	UBS AG				
				
	By:		



				October 31, 2014
		 	  
	 		 	  

			Markus U. Diethelm				Date
			Group General Counsel, UBS AG				
			
	APPROVED:				
	By:		



				October 31, 2014
		 	  
	 		 	  

			Gary R. Spratling, Esq.				Date
			David P. Burns, Esq.				
			Gibson, Dunn & Crutcher LLP				
			Attorneys for UBS AG				


  
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