Banc of America Status. At the time Banc of America exchanged the VMTP Shares for the AMTP Shares, it was, and as of the Effective Date it is: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a)(1) under the Securities Act.
Appears in 5 contracts
Samples: Exchange Agreement (Bank of America Corp /De/), Exchange Agreement (Bank of America Corp /De/), Exchange Agreement (Bank of America Corp /De/)
Banc of America Status. At the time Banc of America exchanged the Old VMTP Shares for the AMTP New VMTP Shares, it was, and as of the Effective Date it is: (i) an "“accredited investor" ” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a "“qualified institutional buyer" ” as defined in Rule 144A(a)(1) under the Securities Act.
Appears in 4 contracts
Samples: VMTP Exchange Agreement (Bank of America Corp /De/), VMTP Exchange Agreement (Bank of America Corp /De/), VMTP Exchange Agreement (Bank of America Corp /De/)