14,000,000 Capital Securities(1) BAC CAPITAL TRUST IV (a Delaware Trust) 5-7/8% Capital Securities (Liquidation Amount of $25.00 per Capital Security) UNDERWRITING AGREEMENT _______________Bank of America Corp /De/ • April 30th, 2003 • National commercial banks • New York
BAC Capital Trust IV (the "Trust"), a statutory trust organized under the Statutory Trust Act (the "Delaware Act") of the State of Delaware (Chapter 38, Title 12, of the Delaware Code, 12 Del. C. §3801 et seq.), and Bank of America Corporation, a Delaware corporation (the "Company" and, together with the Trust, the "Offerors"), confirm their agreement (the "Agreement") with Banc of America Securities LLC and each of the several Underwriters named in Schedule A hereto (collectively, the "Underwriters," which term also shall include any underwriter substituted as hereinafter provided in Section 8 hereof), for whom Banc of America Securities LLC is acting as the Representative (in such capacity, the "Representative"), with respect to the sale by the Trust and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of 5-7/8% Capital Securities (liquidation amount of $25.00 per capital security) of the Trust (the "Initial Capital Securities") set forth
CAPITAL SECURITIES GUARANTEE AGREEMENT BAC Capital Trust IV 5 7/8% Capital Securities Dated as of April 30, 2003Securities Guarantee Agreement • April 30th, 2003 • Bank of America Corp /De/ • National commercial banks • New York
This GUARANTEE AGREEMENT (the "Capital Securities Guarantee"), dated as of April 30, 2003, 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 IV, a Delaware statutory trust (the "Issuer").
