Bank of America 8-K 2009
As filed with the Securities and Exchange Commission on February 3, 2009
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported):
January 27, 2009
BANK OF AMERICA CORPORATION
(Exact name of registrant as specified in its charter)
100 North Tryon Street
Charlotte, North Carolina 28255
(Address of principal executive offices)
(Registrants telephone number, including area code)
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
A Committee previously appointed by the Board of Directors of the Registrant has increased the amount of securities authorized to be issued and sold pursuant to the Registrants Medium-Term Note Program, Series L by an additional $25,000,000,000 (the Additional Securities). Pursuant to the Registrants Medium-Term Note Program, Series L, on January 27, 2009, the Registrant sold to the Initial Purchasers (as defined below) (a) $6,000,000,000 aggregate principal amount of the Registrants 2.10% Senior Notes, due April 2012 (the Fixed Rate Notes), and (b) $2,000,000,000 aggregate principal amount of the Registrants Senior Three-Month LIBOR Notes, due April 2012 (the Floating Rate Notes and together with the Fixed Rate Notes, the Notes). The Registrant sold to the Initial Purchasers an additional $350,000,000 aggregate principal amount of the Floating Rate Notes on January 28, 2009. The Notes are guaranteed by the Federal Deposit Insurance Corporation (the FDIC) pursuant to the FDICs Temporary Liquidity Guarantee Program established pursuant to 12 C.F.R. Part 370.
On January 28, 2009, the Registrant entered into a Written Terms Agreement (the Terms Agreement) with the initial purchasers named therein (the Initial Purchasers) for the Notes. The terms of the offering of the Notes are described in the Registrants Pricing Supplement dated January 28, 2009 to the Prospectus Supplement dated April 10, 2008, supplementing the Prospectus dated May 5, 2006 constituting a part of the Registrants Registration Statement on Form S-3, Registration No. 333-133852. The Terms Agreement is attached as Exhibit 1.1 hereto.
A form of note for the Fixed Rate Notes is attached as Exhibit 4.1 hereto and a form of note for the Floating Rate Notes is attached as Exhibit 4.2 hereto.
The following exhibits are filed herewith:
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Dated: February 3, 2009
INDEX TO EXHIBITS