0000070858-13-000179 Sample Contracts

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UNDERWRITING AGREEMENT
Underwriting Agreement • May 29th, 2013 • Bank of America Corp /De/ • National commercial banks • New York

Dividend Payment Dates: Beginning December 1, 2013, each June 1 and December 1 through June 1, 2023, subject to following business day convention (unadjusted) and thereafter each March 1, June 1, September 1, and December 1 in accordance with the modified following business day convention Day Count: From May 29, 2013 to, but excluding, June 1, 2023, 30/360 and thereafter Actual/360 Business Days: From May 29, 2013, to but excluding, June 1, 2023, New York/Charlotte and thereafter New York/Charlotte/London Optional Redemption: Anytime on or after June 1, 2023 and earlier upon certain events involving a capital treatment event as described and subject to limitations in the prospectus supplement dated May 21, 2013 (the “Prospectus Supplement”) Sole Book-Runner: Merrill Lynch, Pierce, Fenner & Smith Incorporated Conflict of Interest: Merrill Lynch, Pierce, Fenner & Smith Incorporated is our affiliate. As such, Merrill Lynch, Pierce, Fenner & Smith Incorporated has a “conflict of interest”

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