ContractIndenture • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT $2,000,000,000 FLOATING RATE CALLABLE SENIOR NOTES, DUE FEBRUARY 2010Underwriting Agreement • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks • New York
The issuer has filed a registration statement (including a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may obtain these documents for free by visiting EDGAR on the SEC website at www.sec.gov. Alternatively, Bank of America Corporation or the lead underwriter will arrange to send you the prospectus if you request it by contacting Bank of America Corporation, Corporate Treasury – Securities Administration, at 1-866-804-5241, or Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request a copy by e-mail from securities.administration@bankofamerica.com or dg.prospectus_distribution@bofasecurities.com.
REPLACEMENT CAPITAL COVENANTReplacement Capital Covenant • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks
Replacement Capital Covenant, dated as of February 16, 2007 (this “Replacement Capital Covenant”), by Bank of America Corporation, a Delaware corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).
COLLATERAL AGREEMENT among BANK OF AMERICA CORPORATION, THE BANK OF NEW YORK TRUST COMPANY, N.A., as Collateral Agent, Custodial Agent, Securities Intermediary and Securities Registrar, and BAC CAPITAL TRUST XIII, acting through The Bank of New York,...Collateral Agreement • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks • New York
COLLATERAL AGREEMENT, dated as of February 16, 2007, among BANK OF AMERICA CORPORATION, a Delaware corporation (the “Corporation”), THE BANK OF NEW YORK TRUST COMPANY, N.A. (“The Bank of New York Trust Company”), as collateral agent (in such capacity, the “Collateral Agent”), as Custodial Agent (in such capacity, the “Custodial Agent”), as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (as defined herein) (in such capacity, the “Securities Intermediary”), and as securities registrar with respect to the HITS (in such capacity, the “Securities Registrar”), and BAC CAPITAL TRUST XIII, a Delaware statutory trust (the “Trust”), acting through THE BANK OF NEW YORK, not in its individual capacity but solely as Property Trustee on behalf of the Trust (in such capacity, the “Property Trustee”).
HITS GUARANTEE AGREEMENT by and between BANK OF AMERICA CORPORATION, as Guarantor and THE BANK OF NEW YORK, as Guarantee Trustee relating to BAC CAPITAL TRUST XIII Dated as of February 16, 2007Hits Guarantee Agreement • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks • New York
HITS GUARANTEE AGREEMENT, dated as of February 16, 2007, between Bank of America Corporation, a Delaware corporation (the “Guarantor”), having its principal office at 100 North Tryon Street, Charlotte, North Carolina 28255, and The Bank of New York, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders from time to time of Floating Rate Preferred Hybrid Income Term Securities of BAC Capital Trust XIII, a Delaware statutory trust (the “Trust”).
Stock Purchase Contract Agreement between BANK OF AMERICA CORPORATION and BAC CAPITAL TRUST XIV, acting through The Bank of New York, as Property Trustee Dated as of February 16, 2007Stock Purchase Contract Agreement • February 16th, 2007 • Bank of America Corp /De/ • National commercial banks • New York
STOCK PURCHASE CONTRACT AGREEMENT, dated as of February 16, 2007, between BANK OF AMERICA CORPORATION, a Delaware corporation (the “Company”), having its principal office at 100 North Tryon Street, Charlotte, North Carolina 28255, and BAC Capital Trust XIV, a Delaware statutory trust (the “Trust”), acting through THE BANK OF NEW YORK, a New York banking corporation, not in its individual capacity but solely as Property Trustee of the Trust (the “Property Trustee”).
