BANK OF AMERICA CORPORATION 6.204% NON-CUMULATIVE PREFERRED STOCK, SERIES D DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, COMPUTERSHARE SHAREHOLDER SERVICES, INC., and COMPUTERSHARE TRUST COMPANY, N.A., collectively as Depository, and THE...Deposit Agreement • September 14th, 2006 • Bank of America Corp /De/ • National commercial banks • New York
THIS DEPOSIT AGREEMENT dated as of September 6, 2006 (this "Agreement"), among (i) BANK OF AMERICA CORPORATION, a Delaware corporation (the "Corporation"), (ii) COMPUTERSHARE SHAREHOLDERS SERVICES INC., a Delaware corporation ("CSS"), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association and the wholly-owned subsidiary of CSS (the "Trust Company" and collectively with CSS, the "Depository"), and (iii) the Holders from time to time of the Receipts described in this Agreement.
BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • September 14th, 2006 • Bank of America Corp /De/ • National commercial banks • New York
Bank of America Corporation, a Delaware corporation (the "Company"), proposes to issue and sell to the underwriters named in Schedule II hereto (the "Underwriters"), for whom you are acting as representatives (the "Representatives"), 30,000,000 depositary shares (the "Initial Shares") each representing a 1/1000th interest in a share of the Company's perpetual 6.204% Non-Cumulative Preferred Stock, Series D (the "Preferred Stock"). The Preferred Stock, when issued, will be deposited against delivery of Depositary Receipts (the "Depositary Receipts"), which will evidence the depositary shares, that are to be issued by Computershare Trust Company, N.A., as depository (the "Depository") under the Deposit Agreement to be dated September 6, 2006 by and among the Company, Computershare Shareholder Services, Inc., the Depository and the holders from time to time of the Depositary Receipts described therein (the "Deposit Agreement").
