0001193125-08-255861 Sample Contracts

BANK OF AMERICA CORPORATION WRITTEN TERMS AGREEMENT Reopening $1,500,000,000 3.125% Senior Notes, due June 2012 (the “Notes”) Guaranteed Under the FDIC’s Temporary Liquidity Guarantee Program December 15, 2008
Written Terms Agreement • December 18th, 2008 • Bank of America Corp /De/ • National commercial banks • New York

financial and statistical information contained or incorporated by reference therein, as to which we express no opinion) comply as to form in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the Trust Indenture Act, and the respective rules and regulations thereunder.

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BANK OF AMERICA CORPORATION Medium-Term Senior Note, Series L REGISTERED GLOBAL SENIOR NOTE
Medium-Term Senior Note • December 18th, 2008 • Bank of America Corp /De/ • National commercial banks • New York

This Note is a global security within the meaning of the Indenture dated as of January 1, 1995, as supplemented from time to time (the “Indenture”), between Bank of America Corporation and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) under the Indenture and is registered in the name of Cede & Co., as the nominee of The Depository Trust Company (the “Depository”). This Note is not exchangeable for definitive or other Notes registered in the name of a person other than the Depository or its nominee, except in the limited circumstances described in the Indenture or in this Note, and no transfer of this Note (other than a transfer 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 or by the Depository or any such nominee to a successor depository or a nominee of such successor depository) may be registered except in the limited circumstances described i

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