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| BAC > SEC Filings for BAC > Form 8-K on 28-Jul-2009 | All Recent SEC Filings |
28-Jul-2009
Other Events, Financial Statements and Exhibits
Euro Medium-Term Note Program
Bank of America Corporation (the "Registrant") maintains a Euro Medium-Term Note Program (the "EMTN Program") which provides for the issuance, from time to time, of its senior and subordinated debt securities in international capital markets. Pursuant to the Amended and Restated Program Agreement dated as of July 25, 2008, as amended and supplemented by the Supplemental Agreement to the Amended and Restated Program Agreement dated July 22, 2009 among the Registrant, Merrill Lynch International and the other Dealers named therein, the maximum aggregate principal amount authorized to be outstanding at any time under the EMTN Program is U.S. $65 billion (or the equivalent in other currencies). Under the EMTN Program, the notes are issued pursuant to the terms of an Agency Agreement dated as of July 22, 2009 among the Registrant, Bank of America, N.A., London Branch, as Principal Agent, Merrill Lynch International Bank Limited, as Registrar and Transfer Agent and the other agents named therein (the "Agency Agreement"). A copy of the Agency Agreement is filed hereto as Exhibit 4.1 and is incorporated by reference herein.
Terms of the notes, including currency, rate and maturity, are agreed between the Registrant and the purchasers of the notes at the time of sale.
Notes issued under the EMTN Program are issued pursuant to Regulation S under the Securities Act of 1933, as amended (the "Act"); are not registered under the Act; and may not be offered or sold in the United States or to a U.S. person absent registration under, or an applicable exemption from the registration requirements of, the Act.
As of the date of this report, there is approximately U.S. $38.7 billion (or its equivalent in other currencies) in principal amount of notes outstanding under the EMTN Program, leaving approximately U.S. $26.3 billion (or its equivalent in other currencies) available for issuance under the EMTN Program.
(d) Exhibits.
The following exhibit is filed herewith:
EXHIBIT NO. DESCRIPTION OF EXHIBIT
4.1 Agency Agreement dated as of July 22, 2009 among the Registrant, Bank
of America, N.A., London Branch, as Principal Agent, Merrill Lynch
International Bank Limited, as Registrar and Transfer Agent, and the
other agents named therein
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