18,000,000 Capital Securities BAC CAPITAL TRUST III (a Delaware Trust) 7% Capital Securities (Liquidation Amount of $25 per Capital Security) UNDERWRITING AGREEMENTUnderwriting Agreement • August 9th, 2002 • Bank of America Corp /De/ • National commercial banks • New York
CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust III 7% Capital Securities Dated as of August 9, 2002Capital Securities Guarantee Agreement • August 9th, 2002 • Bank of America Corp /De/ • National commercial banks • New York
This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of August 9, 2002, is executed and delivered by BANK OF AMERICA CORPORATION, a Delaware corporation (the “Guarantor”), and THE 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 III, a Delaware statutory business trust (the “Issuer”).
THIRD SUPPLEMENTAL INDENTURE between BANK OF AMERICA CORPORATION and THE BANK OF NEW YORK Dated as of August 9, 2002Third Supplemental Indenture • August 9th, 2002 • Bank of America Corp /De/ • National commercial banks • New York
THIS THIRD SUPPLEMENTAL INDENTURE, dated as of August 9, 2002 (the “Third Supplemental Indenture”), between BANK OF AMERICA CORPORATION, a Delaware corporation (the “Company”), and THE BANK OF NEW YORK, as trustee (the “Trustee”), under a Restated Indenture dated as of November 1, 2001 between the Company and the Trustee (the “Indenture”).
