BANK OF AMERICA CORPORATION Medium-Term Notes, Series N DISTRIBUTION AGREEMENTWritten Terms Agreement • August 2nd, 2021 • BAC Capital Trust XIII • National commercial banks • New York
In consideration of the Company appointing the New Selling Agents as Selling Agents in respect of the Notes under the Distribution Agreement, each New Selling Agent hereby undertakes, for the benefit of the Company and each of the other Selling Agents, that, in relation to the Notes, it will perform and comply with all the duties and obligations to be assumed by a Selling Agent under the Distribution Agreement, a copy of which it acknowledges it has received from the Company. Notwithstanding anything contained in the Distribution Agreement, each of the New Selling Agents shall be vested with all authority, rights, powers, duties and obligations of a Selling Agent in relation to the issue of the Notes as if originally named as a Selling Agent under the Distribution Agreement, provided that following the Settlement Date (as defined below) of [the][a series of] Notes, each of the New Selling Agents shall no longer be deemed to be a “Selling Agent” under the Distribution Agreement with res
