BANK OF AMERICA CORPORATION PARTNERSHIP PREFERRED SECURITIES GUARANTEE AGREEMENT Merrill Lynch Preferred Funding IV, L.P. Dated as of September 30, 2013Partnership Preferred Securities Guarantee Agreement • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS PARTNERSHIP PREFERRED SECURITIES GUARANTEE AGREEMENT (the “Partnership Guarantee”), dated as of September 30, 2013, is executed and delivered by BANK OF AMERICA CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware (the “New Guarantor”), for the benefit of the holders from time to time of the Partnership Preferred Securities (as defined below).
BANK OF AMERICA CORPORATION TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT Merrill Lynch Preferred Capital Trust IV Dated as of September 30, 2013Trust Preferred Securities Guarantee Agreement • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT (the “Trust Preferred Securities Guarantee”), dated as of September 30, 2013, is executed and delivered by BANK OF AMERICA CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware (the “New Guarantor”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York, successor to JPMorgan Chase Bank, N.A., successor to The Chase Manhattan Bank, a national banking association), as trustee (the “Trust Preferred Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of MERRILL LYNCH PREFERRED CAPITAL TRUST IV, a Delaware statutory business trust (the “Issuer”).
FIRST AMENDMENT TO GUARANTEE AGREEMENTGuarantee Agreement • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS FIRST AMENDMENT TO GUARANTEE AGREEMENT (this “First Amendment”), dated as of September 30, 2013, by and among BANK OF AMERICA CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “New Guarantor”), MERRILL LYNCH & CO., INC., a Delaware corporation (“ML&Co.”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation, as guarantee trustee (the “Guarantee Trustee”).
BANK OF AMERICA CORPORATION AFFILIATE DEBENTURE GUARANTEE AGREEMENT Bank of America Corporation, as New Guarantor Merrill Lynch International Incorporated, as Obligor Dated as of September 30, 2013Debenture Guarantee Agreement • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS AFFILIATE DEBENTURE GUARANTEE AGREEMENT (this “Investment Guarantee”), dated as of September 30, 2013, is executed and delivered by BANK OF AMERICA CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware (the “New Guarantor”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York, successor to JPMorgan Chase Bank, N.A., successor to The Chase Manhattan Bank), as trustee (the “Investment Guarantee Trustee”), for the benefit of the Holder (as defined herein) of the Affiliate Debenture (as defined herein) of MERRILL LYNCH INTERNATIONAL INCORPORATED (successor to Merrill Lynch Group, Inc. (“MLGroup”)), a Delaware corporation (the “Obligor”).
BANK OF AMERICA CORPORATION PARTNERSHIP PREFERRED SECURITIES GUARANTEE AGREEMENT Merrill Lynch Preferred Funding III, L.P. Dated as of September 30, 2013Partnership Preferred Securities Guarantee Agreement • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS PARTNERSHIP PREFERRED SECURITIES GUARANTEE AGREEMENT (the “Partnership Guarantee”), dated as of September 30, 2013, is executed and delivered by BANK OF AMERICA CORPORATION, a corporation duly organized and existing under the laws of the State of Delaware (the “New Guarantor”), for the benefit of the holders from time to time of the Partnership Preferred Securities (as defined below).
BANK OF AMERICA CORPORATION TWENTIETH SUPPLEMENTAL INDENTURE Dated as of September 30, 2013 Supplementing the Indenture, Dated as of April 1, 1983 and Restated as of April 1, 1987, of MERRILL LYNCH & CO., INC. to THE BANK OF NEW YORK MELLON (formerly...Twentieth Supplemental Indenture • October 1st, 2013 • BAC Capital Trust XVII • National commercial banks • New York
THIS TWENTIETH SUPPLEMENTAL INDENTURE, dated as of September 30, 2013 (this “Twentieth Supplemental Indenture”), by and among BANK OF AMERICA CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Parent”), MERRILL LYNCH & CO., INC., a corporation organized and existing under the laws of the State of Delaware (the “Company”), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation, as successor trustee under the Indenture referred to herein (the “Trustee”).
