Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that Section 2.10(d) of the Statement shall have no effect for so long as none of the New VMTP Shares have been registered under the Securities Act.
Appears in 5 contracts
Samples: VMTP Purchase and Exchange Agreement (Bank of America Corp /De/), VMTP Exchange Agreement (Bank of America Corp /De/), VMTP Exchange Agreement (Bank of America Corp /De/)
Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that Section 2.10(d) of the Statement shall have no effect for so long as none of the New VMTP AMTP Shares have been registered under the Securities Act.
Appears in 5 contracts
Samples: Shares Transition Agreement (Bank of America Corp /De/), Exchange Agreement (Bank of America Corp /De/), Exchange Agreement (Bank of America Corp /De/)
