0000895527-07-000062 Sample Contracts

BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT $350,000,000 Reopening of 5.375% Senior Notes, due September 2012
Underwriting Agreement • September 18th, 2007 • Bank of America Corp /De/ • National commercial banks • New York

Bank of America Corporation, a Delaware corporation (the "Company"), proposes to sell to the underwriters named in Schedule II hereto (the "Underwriters"), for whom you are acting as Representatives (the "Representatives"), the principal amount of one or more series of its securities identified in Schedule I hereto. Such securities may include one or more series of the Company's senior debt securities (the "Senior Securities") and/or one or more series of the Company's subordinated debt securities (the "Subordinated Securities," and together with the Senior Securities, the "Securities"). The Senior Securities, if applicable, will be issued under an indenture dated as of January 1, 1995 between the Company and The Bank of New York Trust Company, N.A., as successor trustee (the "Trustee"), as supplemented by the First Supplemental Indenture dated as of September 18, 1998, the Second Supplemental Indenture dated as of May 7, 2001, the Third Supplemental Indenture dated as of July 28, 2004

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