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Portuguese - ADM

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Item 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES (Continued)<br />

Copies of constituent instruments defining rights of holders of long-term debt of the Company and<br />

Subsidiaries, other than the Indentures specified herein, are not filed herewith, pursuant to<br />

Instruction (b)(4)(iii)(A) to Item 601 of Regulation S-K, because the total amount of securities<br />

authorized under any such instrument does not exceed 10% of the total assets of the Company and<br />

Subsidiaries on a consolidated basis. The registrant hereby agrees that it will, upon request by the<br />

SEC, furnish to the SEC a copy of each such instrument.<br />

(v) Purchase Contract and Pledge Agreement, dated as of June 3, 2008, among <strong>ADM</strong>, The Bank of<br />

New York as Purchase Contract Agent, and the Bank of New York as Collateral Agent, Custodial<br />

Agent, and Securities Intermediary, including form of Corporate Units, form of Treasury Units<br />

and form of Remarketing Agreement (incorporated by reference to Exhibit 4.1 to Form 8-K (File<br />

No. 1-44) filed on June 3, 2008.<br />

(10) Material Contracts - Copies of the Company’s stock option and stock unit plans, deferred compensation<br />

plan, and savings and investment plans, pursuant to Instruction (b)(10)(iii)(A) to Item 601 of Regulation<br />

S-K, each of which is a management contract or compensation plan or arrangement required to be filed<br />

as an exhibit pursuant to Item 15(b) of Form 10-K, are incorporated herein by reference as follows:<br />

(i) Exhibits 4(c) and 4(d) to Registration Statement No. 33-49409 on Form S-8 dated March 15,<br />

1993, relating to the Archer Daniels Midland 1991 Incentive Stock Option Plan and Archer<br />

Daniels Midland Company Savings and Investment Plan.<br />

(ii) Exhibits 4(c) and 4(d) to Registration Statement No. 333-39605 on Form S-8 dated November 5,<br />

1997, relating to the <strong>ADM</strong> Savings and Investment Plan for Salaried Employees and the <strong>ADM</strong><br />

Savings and Investment Plan for Hourly Employees.<br />

(iii) The Archer-Daniels-Midland 1996 Stock Option Plan (incorporated by reference to Exhibit A to<br />

the Company’s Definitive Proxy Statement filed with the Securities and Exchange Commission on<br />

September 25, 1996 (File No. 1-44)).<br />

(iv) The Archer-Daniels-Midland Company Amended and Restated Stock Unit Plan for Nonemployee<br />

Directors (incorporated by reference to Exhibit 99.3 to the Company’s Current Report on Form<br />

8-K filed with the Securities and Exchange Commission on December 23, 2004 (File No. 1-44)).<br />

(v) Exhibits 4(c) and 4(d) to Registration Statement No. 333-75073 on Form S-8 dated March 26,<br />

1999, relating to the <strong>ADM</strong> Employee Stock Ownership Plan for Salaried Employees and the <strong>ADM</strong><br />

Employee Stock Ownership Plan for Hourly Employees.<br />

(vi) The Archer-Daniels-Midland Company Incentive Compensation Plan (incorporated by reference<br />

to Exhibit A to the Company’s Definitive Proxy Statement filed with the Securities and Exchange<br />

Commission on September 15, 1999, (File No. 1-44)).<br />

(vii) Exhibits 4.3 and 4.4 to Registration Statement No. 333-42612 on Form S-8 dated July 31, 2000,<br />

relating to the <strong>ADM</strong> 401(k) Plan for Salaried Employees and the <strong>ADM</strong> 401(k) Plan for Hourly<br />

Employees, as amended by Post-Effective Amendment No. 1 to Registration Statement No. 333-<br />

42612 on Form S-8 dated August 8, 2000.<br />

(viii) <strong>ADM</strong> Deferred Compensation Plan for Selected Management Employees II (as adopted as of<br />

December 1, 2004) (incorporated by reference to Exhibit 99.1 to the Company’s Current Report on<br />

Form 8-K filed with the Securities and Exchange Commission on December 23, 2004 (File No. 1-<br />

44)).<br />

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