BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT 455,000,000 Shares of Common Stock, Par Value $0.01 Per Share New York, New York October 7, 2008Underwriting Agreement • October 10th, 2008 • Bank of America Corp /De/ • National commercial banks • New York
Bank of America Corporation, a Delaware corporation (the "Company"), proposes to issue and sell to the underwriters named in Schedule II hereto (the "Underwriters"), for whom you are acting as representatives (the "Representatives"), 455,000,000 shares (the "Firm Shares") of its common stock, par value $0.01 per share (the "Common Stock"). In addition, the Company proposes to grant to the Underwriters an option to purchase from the Company up to an aggregate of 68,250,000 additional shares of Common Stock (the "Option Shares"). The Firm Shares and the Option Shares are hereinafter collectively sometimes referred to as the "Shares." Such Shares are to be sold to each Underwriter, acting severally and not jointly, in such amounts as are listed in Schedule II opposite the name of each Underwriter. The Shares are described more fully in the Prospectus, referred to below. If the firm or firms listed in Schedule II hereto include only the firm or firms listed in Schedule I hereto, then the t
