0000895527-05-000074 Sample Contracts

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CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust VIII 6% Capital Securities Dated as of August 25, 2005
Capital Securities Guarantee Agreement • August 26th, 2005 • Bank of America Corp /De/ • National commercial banks • New York

This GUARANTEE AGREEMENT (the "Capital Securities Guarantee"), dated as of August 25, 2005, is executed and delivered by BANK OF AMERICA CORPORATION, a Delaware corporation (the "Guarantor"), andTHE 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 VIII, a Delaware statutory trust (the "Issuer").

EIGHTH SUPPLEMENTAL INDENTURE between BANK OF AMERICA CORPORATION and THE BANK OF NEW YORK Dated as of August 25, 2005
Eighth Supplemental Indenture • August 26th, 2005 • Bank of America Corp /De/ • National commercial banks • New York
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