BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT Depositary Shares, Each Representing a Interest in a Share of Preferred Stock, Series ___Underwriting Agreement • April 20th, 2009 • BAC Capital Trust XX • National commercial banks • New York
] Capital Securities BAC CAPITAL TRUST [__] (a Delaware Trust) [__]% Capital Securities (Liquidation Amount of $[__] per Capital Security) UNDERWRITING AGREEMENTUnderwriting Agreement • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
] SUPPLEMENTAL INDENTURE between BANK OF AMERICA CORPORATION and THE BANK OF NEW YORK Dated as of [ , ]Supplemental Indenture • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
THIS [ ] SUPPLEMENTAL INDENTURE, dated as of [ , ] (the “[ ] Supplemental Indenture”), between BANK OF AMERICA CORPORATION, a Delaware corporation (the “Company”), and THE BANK OF NEW YORK, as trustee (the “Trustee”), under a Restated Indenture dated as of November 1, 2001 between the Company and the Trustee (the “Indenture”).
CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust [ ] [ ]% Capital Securities Dated as of [ , ]Capital Securities Guarantee Agreement • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of [ , ], is executed and delivered by BANK OF AMERICA CORPORATION, a Delaware corporation (the “Guarantor”), and THE BANK OF NEW YORK, a New York banking corporation, as trustee (the “Capital Securities Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of BAC Capital Trust [ ], a Delaware statutory trust (the “Issuer”).
FORM OF REGISTERED SENIOR NOTE]Registered Senior Note • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, , as Depository, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN Dated as of , 20___Deposit Agreement • April 20th, 2009 • BAC Capital Trust XX • National commercial banks • New York
THIS DEPOSIT AGREEMENT dated as of , 20___(this “Agreement”), among (i) BANK OF AMERICA CORPORATION, a Delaware corporation (the “Corporation”), (ii) (the “Depository”), and (iii) the Holders from time to time of the Receipts described in this Agreement.
BANK OF AMERICA CORPORATION SECOND SUPPLEMENT TO SERIES L DISTRIBUTION AGREEMENTDistribution Agreement • March 30th, 2012 • BAC Capital Trust XX • National commercial banks • New York
FORM OF REGISTERED SUBORDINATED NOTE]Subordinated Note • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
January 2, 2009 Merrill Lynch, Pierce, Fenner & Smith Incorporated First Republic Securities Company, LLC c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated 4 World Financial Center New York, NY 10080 Re: Issuance of Medium-Term...Distribution Agreement • April 20th, 2009 • BAC Capital Trust XX • National commercial banks • New York
The Distribution Agreement dated April 10, 2008 (the “Agreement”), among Bank of America Corporation (“Bank of America”) and the Selling Agents named therein, provides for the issue and sale by Bank of America of its Senior Medium Term Notes, Series L (the “Senior Notes”) and its Subordinated Medium-Term Notes, Series L (the “Subordinated Notes,” and together with the Senior Notes, the “Notes”).
ContractIndenture • September 30th, 2011 • BAC Capital Trust XX • National commercial banks • New York
AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of January 12, 2009 (the “Agreement”) by and among BANK OF AMERICA CORPORATION (successor in interest to Countrywide Financial Corporation, a Delaware corporation (“CFC”)), a Delaware corporation (the “Company”), in its capacity as issuer under the Indenture (as hereinafter defined), THE BANK OF NEW YORK MELLON, a New York banking corporation (the “Resigning Trustee”), in its capacity as the Trustee under the Indenture, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation (the “Successor Trustee”), in its capacity as successor Trustee under the Indenture.
BANK OF AMERICA CORPORATION FORM OF SUPPLEMENT TO SERIES L DISTRIBUTION AGREEMENTSupplement to Series L Distribution Agreement • April 20th, 2009 • BAC Capital Trust XX • National commercial banks • New York
FORM OF REGISTERED GLOBAL SUBORDINATED NOTE] BANK OF AMERICA CORPORATION Medium-Term Subordinated Note, Series L REGISTERED GLOBAL SUBORDINATED NOTESubordinated Note Agreement • March 30th, 2012 • BAC Capital Trust XX • National commercial banks • New York
This Note is a global security within the meaning of the Indenture dated as of January 1, 1995, as supplemented from time to time (the “Indenture”), between Bank of America Corporation (the “Issuer”) and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) under the Indenture and is registered in the name of [Cede & Co., as the nominee of The Depository Trust Company (55 Water Street, New York, New York) (the “Depository”)] [The Bank of New York Mellon Depository (Nominees) Limited, as the nominee of The Bank of New York Mellon, the common depository (the “Common Depository”) for Euroclear Bank S.A./N.V., as operator of the Euroclear system, and/or Clearstream Banking, société anonyme, Luxembourg]. This Note is not exchangeable for definitive or other Notes registered in the name of a person other than [the Depository or its nominee] [the Common Depository], except in the limited circumstances described in the Indenture or in this Note, and no transfer
AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEAgreement of Resignation, Appointment and Acceptance • September 30th, 2011 • BAC Capital Trust XX • National commercial banks • New York
This Agreement of Resignation, Appointment and Acceptance (this “Agreement”), dated as of December 10, 2008, is made by and among Bank of America Corporation, a Delaware corporation (the “Issuer”), The Bank of New York Mellon (formerly The Bank of New York), a New York banking corporation (the “Bank”) and The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States and having its principal office in Los Angeles, California (“Trust Company”).
BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • May 5th, 2006 • BAC Capital Trust XX • National commercial banks • New York
If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Underwriters and the Company in accordance with its terms.
