0001193125-04-184517 Sample Contracts

CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust V 6% Capital Securities Dated as of November 3, 2004
Capital Securities Guarantee Agreement • November 3rd, 2004 • Bank of America Corp /De/ • National commercial banks • New York

This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of November 3, 2004, 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 V, a Delaware statutory trust (the “Issuer”).

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FIFTH SUPPLEMENTAL INDENTURE between BANK OF AMERICA CORPORATION and THE BANK OF NEW YORK Dated as of November 3, 2004
Supplemental Indenture • November 3rd, 2004 • Bank of America Corp /De/ • National commercial banks • New York

THIS FIFTH SUPPLEMENTAL INDENTURE, dated as of November 3, 2004 (the “Fifth 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”).

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