BANK OF AMERICA CORPORATION FIXED-TO-FLOATING RATE NON-CUMULATIVE PREFERRED STOCK, SERIES K DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, COMPUTERSHARE INC., and COMPUTERSHARE TRUST COMPANY, N.A., collectively as Depository, and THE HOLDERS...Deposit Agreement • January 30th, 2008 • Bank of America Corp /De/ • National commercial banks • New York
BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT 6,000,000 Depositary Shares, Each Representing a 1/25th Interest in a Share of Fixed-to-Floating Rate Non- Cumulative Preferred Stock, Series KUnderwriting Agreement • January 30th, 2008 • 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"), 6,000,000 depositary shares (the "Depositary Shares"), each representing a 1/25th interest in a share of the Company's perpetual Fixed-to-Floating Rate Non-Cumulative Preferred Stock, Series K (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 January 24, 2008 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").
