0001193125-08-098535 Sample Contracts

BANK OF AMERICA CORPORATION FIXED-TO-FLOATING RATE NON-CUMULATIVE PREFERRED STOCK, SERIES M DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, COMPUTERSHARE INC., and COMPUTERSHARE TRUST COMPANY, N.A., collectively as Depository, and THE HOLDERS...
Deposit Agreement • May 1st, 2008 • Bank of America Corp /De/ • National commercial banks • New York

THIS DEPOSIT AGREEMENT dated as of April 24, 2008 (this “Agreement”), among (i) BANK OF AMERICA CORPORATION, a Delaware corporation (the “Corporation”), (ii) COMPUTERSHARE INC., a Delaware corporation (“Computershare”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association and the wholly-owned subsidiary of Computershare (the “Trust Company” and collectively with Computershare, the “Depository”), and (iii) the Holders from time to time of the Receipts described in this Agreement.

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BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT 4,000,000 Depositary Shares, Each Representing a 1/25th Interest in a Share of Fixed-to- Floating Rate Non- Cumulative Preferred Stock, Series M
Underwriting Agreement • May 1st, 2008 • 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 Web site at www.sec.gov. Alternatively, Bank of America Corporation or the lead manager will arrange to send you the prospectus if you request it by contacting Bank of America Corporation, Corporate Treasury – Securities Administration, at

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