Bank of America 2005 Annual Report Download - page 207

INDEX TO EXHIBITS
Exhibit No. Description
2 Agreement and Plan of Merger dated as of June 30, 2005, between the registrant and MBNA Corporation,
incorporated by reference to Exhibit 2.1 of registrant’s Current Report on Form 8-K filed July 6, 2005.
3(a) Amended and Restated Certificate of Incorporation of registrant, as in effect on the date hereof, incorporated by
reference to Exhibit 99.1 of registrant’s Current Report on Form 8-K filed May 7, 1999.
(b) Certificate of Amendment of Amended and Restated Certificate of Incorporation of registrant, as in effect on the date
hereof, incorporated by reference to Exhibit 3.1 of registrant’s Current Report on Form 8-K filed March 30, 2004.
(c) Amended and Restated Bylaws of registrant, as in effect on the date hereof, incorporated by reference to Exhibit 3.1 of
registrant’s Current Report on Form 8-K filed December 14, 2005.
4(a) Specimen certificate of registrant’s Common Stock, incorporated by reference to Exhibit 4.13 of registrant’s
Registration No. 333-83503.
(b) Specimen certificate of registrant’s 7% Cumulative Redeemable Preferred Stock, Series B, incorporated by reference
to Exhibit 4(c) of registrant’s 1998 Annual Report on Form 10-K (the “1998 10-K”).
(c) Amended Certificate of Designation of registrant’s 6.75 % Perpetual Preferred Stock, incorporated by reference to
Exhibit 4.1 of registrant’s Current Report on Form 8-K filed March 30, 2004.
(d) Amended Certificate of Designation of registrant’s Fixed/Adjustable Rate Cumulative Preferred Stock, incorporated
by reference to Exhibit 4.2 of registrant’s Current Report on Form 8-K filed March 30, 2004.
(e) Deposit Agreement relating to registrant’s Series VI 6.75% Perpetual Preferred Stock of Fleet Financial Group, Inc.,
dated as of February 21, 1996, by and among Fleet Financial Group, Inc., Fleet National Bank, as depositary, and the
holders from time to time of the Depositary Shares, incorporated by reference to Exhibit 4.3 of registrant’s Current
Report on Form 8-K filed March 30, 2004.
(f) Amendment to the Deposit Agreement relating to registrant’s Series VI 6.75% Perpetual Preferred Stock of Fleet
Financial Group, Inc. and dated as of February 21, 1996, effective as of April 1, 2004, by and between Bank of
America Corporation and EquiServe, Inc., incorporated by reference to Exhibit 4.4 of registrant’s Current Report on
Form 8-K filed March 30, 2004.
(g) Deposit Agreement relating to registrant’s Series VII Fixed/Adjustable Rate Cumulative Preferred Stock of Fleet
Financial Group, Inc., dated as of April 1, 1996, by and among Fleet Financial Group, Inc., Fleet National Bank, as
depositary, and the holders from time to time of the Depositary Shares, incorporated by reference to Exhibit 4.5 of
registrant’s Current Report on Form 8-K filed March 30, 2004.
(h) Amendment to the Deposit Agreement relating to registrant’s Series VII Fixed/Adjustable Rate Cumulative Preferred
Stock of Fleet Financial Group, Inc. and dated as of February 21, 1996, effective as of April 1, 2004, by and between
Bank of America Corporation and EquiServe, Inc., incorporated by reference to Exhibit 4.6 of registrant’s Current
Report on Form 8-K filed March 30, 2004.
(i) Indenture dated as of September 1, 1989 between registrant (successor to NationsBank Corporation, formerly known
as NCNB Corporation) and The Bank of New York, pursuant to which registrant issued its 9
3
⁄ 8 % Subordinated Notes,
due 2009; and its 10.20% Subordinated Notes, due 2015, incorporated by reference to Exhibit 4.1 of registrant’s
Registration No. 33-30717; and First Supplemental Indenture thereto dated as of August 28, 1998, incorporated by
reference to Exhibit 4(f) of the 1998 10-K.
(j) Indenture dated as of January 1, 1995 between registrant (successor to NationsBank Corporation) and U.S. Bank
Trust National Association (successor to BankAmerica National Trust Company), pursuant to which registrant issued
its 5
7
⁄ 8 % Senior Notes, due 2009; its 7
1
⁄ 8 % Senior Notes, due 2006; its 4
3
⁄ 4 % Senior Notes, due 2006; its 5
1
⁄ 4 % Senior
Notes, due 2007; its 6
1
⁄ 4 % Senior Notes, due 2012; its 4
7
⁄ 8 % Senior Notes due 2012; its 5
1
⁄ 8 % Senior Notes, due 2014;
its 3.761% Senior Notes, due 2007; its 3
7
⁄ 8 % Senior Notes, due 2008; its 4
7
⁄ 8 % Senior Notes, due 2013; its 3
5
⁄ 8 % Senior
Notes, due 2008; its 3
1
⁄ 4 % Senior Notes, due 2008; its 4¼% Senior Notes, due 2010; its 4
3
⁄ 8 % Senior Notes, due 2010;
its 3
3
⁄ 8 % Senior Notes, due 2009; its 4
5
⁄ 8 % Senior Notes, due 2014; its 5
3
⁄ 8 % Senior Notes, due June 2014; its 4¼%
Senior Notes, due October 2010; its 4% Senior Notes, due 2015; its Floating Rate Callable Senior Notes, due 2008; its
Floating Rate Callable Senior Notes, due 2010; its 4
3
⁄ 4 % Senior Notes, due 2015; its 4
1
⁄ 2 % Senior Notes, due 2010; its
Floating Rate Callable Senior Notes, due August 2008; its Three-Month LIBOR Floating Rate Senior Notes, due
November 2008; its One-Month LIBOR Floating Rate Senior Notes, due November 2008; and its Senior Medium-Term
Notes, Series E, F, G, H, I, J and K, incorporated by reference to Exhibit 4.1 of registrant’s Registration No. 33-57533;
First Supplemental Indenture thereto dated as of September 18, 1998, incorporated by reference to Exhibit 4.3 of
registrant’s Current Report on Form 8-K filed November 18, 1998; and Second Supplemental Indenture thereto dated
as of May 7, 2001 between registrant, U.S. Bank Trust National Association, as Prior Trustee, and the Bank of New
York, as Successor Trustee, incorporated by reference to Exhibit 4.4 of registrant’s Current Report on Form 8-K dated
June 5, 2001.
(k) Indenture dated as of January 1, 1995 between registrant (successor to NationsBank Corporation) and The Bank of
New York, pursuant to which registrant issued its 7
3
⁄ 4 % Subordinated Notes, due 2015; its 7
1
⁄ 4 % Subordinated Notes,
due 2025; its 6
1
⁄ 2 % Subordinated Notes, due 2006; its 7
1
⁄ 2 % Subordinated Notes, due 2006; its 7.80% Subordinated
Notes, due 2016; its 6
3
⁄ 8 % Subordinated Notes, due 2008; its 6.80% Subordinated Notes, due 2028; its 6.60%
Subordinated Notes, due 2010; its 7.80% Subordinated Notes due 2010; its 7.40% Subordinated Notes, due 2011; its
4
3
⁄ 4 % Subordinated Notes, due 2013; its 5
1
⁄ 4 % Subordinated Notes, due 2015; its 4
3
⁄ 4 % Fixed/Floating Rate Callable
E-1