Relationship to the Articles Supplementary. The Issuer and the Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. Section 15(d)(iv) of the Articles Supplementary shall have no effect for so long as none of the VMTP Shares have been registered under the Securities Act.
Appears in 5 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/)
Relationship to the Articles Supplementary. The Issuer and each of the Purchaser Purchasers agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. Section 15(d)(iv) of the Articles Supplementary shall have no effect for so long as none of the VMTP Shares have been registered under the Securities Act.
Appears in 3 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/)
Relationship to the Articles Supplementary. The Issuer and the Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. As between the Issuer and the Purchaser, the Issuer and the Purchaser agree that Section 15(d)(iv2.11(c) of the Articles Supplementary shall have no effect for so long as none of the VMTP Shares have been registered under the Securities Act.
Appears in 3 contracts
Samples: VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/), VMTP Purchase Agreement (Bank of America Corp /De/)
Relationship to the Articles Supplementary. The Issuer and the Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. As between the Issuer and the Purchaser, the Issuer and the Purchaser agree that Section 15(d)(iv2.10(d) of the Articles Supplementary shall have no effect for so long as none of the VMTP Shares have been registered under the Securities Act.
Appears in 2 contracts
Samples: Purchase Agreement (Bank of America Corp /De/), Purchase Agreement (Bank of America Corp /De/)
Relationship to the Articles Supplementary. The Issuer and the Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. Section 15(d)(iv) of the Articles Supplementary shall have no effect for so long as none of the VMTP Shares have been registered under the Securities Act.. 7.13
Appears in 1 contract
Samples: VMTP Purchase Agreement (Bank of America Corp /De/)
Relationship to the Articles Supplementary. The Issuer and the Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. As between the Issuer and the Purchaser, the Issuer and the Purchaser agree that Section 15(d)(iv2.10(d) of the Articles Supplementary shall have no effect for so long as none of the 2019 VMTP Shares have been registered under the Securities Act.
Appears in 1 contract
Relationship to the Articles Supplementary. The Issuer and the each Purchaser agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Articles Supplementary. As between the Issuer and each Purchaser, the Issuer and each Purchaser agree that Section 15(d)(iv2.10(d) of the Articles Supplementary shall have no effect for so long as none of the 2018 VMTP Shares have been registered under the Securities Act.
Appears in 1 contract
Samples: VMTP Purchase Agreement (Bank of America Corp /De/)