] Capital Securities BAC CAPITAL TRUST [ ] (a Delaware Trust) [ ]% Capital Securities (Liquidation Amount of $[ ] per Capital Security) UNDERWRITING AGREEMENTUnderwriting Agreement • March 31st, 2005 • Bac Capital Trust Xii • National commercial banks • New York
CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust [ ] [ ]% Capital Securities Dated as of [ , ]Securities Guarantee Agreement • March 31st, 2005 • Bac Capital Trust Xii • National commercial banks • New York
This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of [ , ], 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 [ ], a Delaware statutory trust (the “Issuer”).
] SUPPLEMENTAL INDENTURE between BANK OF AMERICA CORPORATION and THE BANK OF NEW YORK Dated as of [ , ]Bac Capital Trust Xii • March 31st, 2005 • National commercial banks • New York
THIS [ ] SUPPLEMENTAL INDENTURE, dated as of [ , ] (the “[ ] 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”).
