0001193125-06-225129 Sample Contracts

BANK OF AMERICA CORPORATION FLOATING RATE NON-CUMULATIVE PREFERRED STOCK, SERIES E DEPOSIT AGREEMENT among BANK OF AMERICA CORPORATION, COMPUTERSHARE SHAREHOLDER SERVICES, INC., and COMPUTERSHARE TRUST COMPANY, N.A., collectively as Depository, and...
Deposit Agreement • November 6th, 2006 • Bank of America Corp /De/ • National commercial banks • New York

THIS DEPOSIT AGREEMENT dated as of October 30, 2006 (this “Agreement”), among (i) BANK OF AMERICA CORPORATION, a Delaware corporation (the “Corporation”), (ii) COMPUTERSHARE SHAREHOLDERS SERVICES INC., a Delaware corporation (“CSS”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association and the wholly-owned subsidiary of CSS (the “Trust Company” and collectively with CSS, the “Depository”), and (iii) the Holders from time to time of the Receipts described in this Agreement.

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BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT 74,000,000 Depositary Shares, Each Representing a 1/1000th Interest in a Share of Floating Rate Non- Cumulative Preferred Stock, Series E
Underwriting Agreement • November 6th, 2006 • Bank of America Corp /De/ • National commercial banks • New York

The issuer has filed a registration statement (including a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may obtain these documents for free by visiting EDGAR on the SEC Web site at www.sec.gov. Alternatively, Bank of America Corporation or the lead underwriter will arrange to send you the prospectus if you request it by contacting Bank of America Corporation, Corporate Treasury – Securities Administration, at 1-866-804-5241, or Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request a copy by e-mail from securities.administration@bankofamerica.com or dg.prospectus_distribution@bofasecurities.com.

Contract
Bank of America Corp /De/ • November 6th, 2006 • National commercial banks

THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.

BANK OF AMERICA CORPORATION UNDERWRITING AGREEMENT $1,750,000,000 FLOATING RATE CALLABLE SENIOR NOTES, DUE NOVEMBER 2009
Underwriting Agreement • November 6th, 2006 • Bank of America Corp /De/ • National commercial banks • New York
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