BANK OF AMERICA CORPORATION DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, COMPUTERSHARE INC., and COMPUTERSHARE TRUST COMPANY, N.A., collectively as Depository, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN Dated...Deposit Agreement • September 26th, 2007 • Bank of America Corp /De/ • National commercial banks • New York
BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT 22,000,000 Depositary Shares, Each Representing a 1/1,000th Interest in a Share of 6.625% Non- Cumulative Preferred Stock, Series IUnderwriting Agreement • September 26th, 2007 • 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 representative (the "Representative"), 22,000,000 depositary shares (the "Initial Shares") each representing a 1/1,000th interest in a share of the Company's perpetual 6.625% Non-Cumulative Preferred Stock, Series I (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 dated September 20, 2007 by and among the Company, Computershare Inc., the Depository and the holders from time to time of the Depositary Receipts described therein (the "Deposit Agreement").
