Amendment to Deposit Agreement Between Bank of America Corporation and EquiServe, Inc.
Bank of America Corporation and EquiServe, Inc. have amended their existing Deposit Agreement related to the 6.75% Perpetual Preferred Stock. The amendment updates the name of the stock to reflect Bank of America as the issuer and changes the governing law from Rhode Island to Delaware. All other terms of the original agreement remain unchanged. The amendment takes effect on April 1, 2004.
DEPOSIT AGREEMENT
BETWEEN
BANK OF AMERICA CORPORATION
AND EQUISERVE, INC.
This Amendment (the "Amendment") to the Deposit Agreement relating to Series VI 6.75% Perpetual Preferred Stock of Fleet Financial Group, Inc. dated February 21, 1996 (the "Deposit Agreement") is entered into between Bank of America Corporation, as successor to FleetBoston Financial Corporation and Fleet Financial Group, Inc., and EquiServe, Inc., as successor to First Chicago, NBD and Fleet National Bank.
The parties agree as follows:
1. All references to "Series VI 6.75% Perpetual Preferred Stock" should be replaced with references
to "Bank of America 6.75% Perpetual Preferred Stock."
2. All references to Rhode Island and the laws of Rhode Island should be replaced with Delaware and
the laws of Delaware.
3. All other terms of the Deposit Agreement will remain in effect.
This Amendment shall be effective at 12:01 a.m. April 1, 2004.
Bank of America Corporation
/s/ Jane R. Smith
Name: Jane R. Smith
Title: Vice President
EquiServe, Inc.
/s/ Georgia F. Lonkart
Name: Georgia F. Lonkart
Title: Senior Managing Director
