INDEX OF DEFINED TERMS - Banca di Legnano
INDEX OF DEFINED TERMS - Banca di Legnano
INDEX OF DEFINED TERMS - Banca di Legnano
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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:06 – eprint6 – 4247 Section 05<br />
<strong>TERMS</strong> AND CONDITIONS <strong>OF</strong> THE NOTES<br />
Terms and Con<strong>di</strong>tions of the Notes<br />
The following are the Terms and Con<strong>di</strong>tions of the Notes which will include the ad<strong>di</strong>tional terms<br />
and con<strong>di</strong>tions contained in Annex 1 in the case of Index Linked Notes (the “Index Linked Con<strong>di</strong>tions”),<br />
the ad<strong>di</strong>tional terms and con<strong>di</strong>tions contained in Annex 2 in the case of Share Linked Notes (the “Share<br />
Linked Con<strong>di</strong>tions”), the ad<strong>di</strong>tional terms and con<strong>di</strong>tions contained in Annex 3 in the case of GDR/ADR<br />
Linked Notes (the “GDR/ADR Linked Con<strong>di</strong>tions”), the ad<strong>di</strong>tional terms and con<strong>di</strong>tions contained in<br />
Annex 4 in the case of FX Linked Notes (the “FX Linked Con<strong>di</strong>tions”), and the ad<strong>di</strong>tional terms and<br />
con<strong>di</strong>tions contained in Annex 5 in the case of Commo<strong>di</strong>ty Linked Notes (the “Commo<strong>di</strong>ty Linked<br />
Con<strong>di</strong>tions”), the ad<strong>di</strong>tional terms and con<strong>di</strong>tions contained in Annex 6 in the case of Fund Linked Notes<br />
(the “Fund Linked Con<strong>di</strong>tions”), and the ad<strong>di</strong>tional terms and con<strong>di</strong>tions contained in Annex 7 in the<br />
case of Inflation Linked Notes (the “Inflation Linked Con<strong>di</strong>tions”), and the ad<strong>di</strong>tional terms and<br />
con<strong>di</strong>tions contained in Annex 8 in the case of Physical Delivery Notes (the “Physical Delivery<br />
Con<strong>di</strong>tions”) or any other Annex (each, an “Annex”, and together the “Annexes”) which may be added<br />
from time to time in the case of any Notes linked to any other Underlying Asset(s) (the Terms and<br />
Con<strong>di</strong>tions of the Notes as supplemented or amended by the Index Linked Con<strong>di</strong>tions, Share Linked<br />
Con<strong>di</strong>tions, GDR/ADR Linked Con<strong>di</strong>tions, FX Linked Con<strong>di</strong>tions, Commo<strong>di</strong>ty Linked Con<strong>di</strong>tions, Fund<br />
Linked Con<strong>di</strong>tions, Inflation Linked Con<strong>di</strong>tions, and/or Physical Delivery Con<strong>di</strong>tions are together referred<br />
to as the “Terms and Con<strong>di</strong>tions” or the “Con<strong>di</strong>tions” and each, a “Con<strong>di</strong>tion”). The Terms and<br />
Con<strong>di</strong>tions are incorporated by reference into each Global Note (as defined below) and will be attached to<br />
or endorsed upon each Definitive Note (as defined below), if any are issued. The applicable Final Terms in<br />
relation to any Tranche of Notes (as defined below) may specify other terms and con<strong>di</strong>tions, which shall to<br />
the extent so specified or to the extent inconsistent with the following Terms and Con<strong>di</strong>tions, replace or<br />
mo<strong>di</strong>fy the following Terms and Con<strong>di</strong>tions for the purpose of such Tranche of Notes. The applicable Final<br />
Terms will be endorsed on, incorporated by reference into, or attached to, each Global Note and Definitive<br />
Note. Reference should be made to “Form of the Notes” above for a description of the content of Final<br />
Terms, which includes the definition of certain terms used in the following Terms and Con<strong>di</strong>tions. The<br />
applicable Final Terms in relation to any Tranche of Notes contains ad<strong>di</strong>tional terms and con<strong>di</strong>tions which<br />
will complete the Notes and is deemed to be incorporated by reference into such Notes.<br />
This Note is one of a series of Notes issued by Bank of America Corporation (the “Issuer”),<br />
pursuant to the amended and restated agency agreement dated as of July 22, 2010, by and among the<br />
Issuer, Bank of America, N.A., London Branch (as amended, restated, and/or supplemented from time to<br />
time, the “Agency Agreement”), as principal agent (the “Principal Agent”) and Merrill Lynch<br />
International Bank Limited as registrar (the “Registrar”) and transfer agent (the “Transfer Agent”),<br />
which terms shall include any successor agents. Any other paying agents named pursuant to the Agency<br />
Agreement shall be referred to herein, together with the Principal Agent, as the “Paying Agents” (which<br />
term shall include any ad<strong>di</strong>tional or successor paying agents) and any other transfer agents named pursuant<br />
to the Agency Agreement shall be referred to herein, together with the Transfer Agent, as the “Transfer<br />
Agents” (which term shall include any ad<strong>di</strong>tional or successor transfer agents). References herein to the<br />
“Notes” shall be references to Notes of this Series (as defined below) and shall mean (1) in relation to any<br />
Notes represented by a Bearer Global Note or a Registered Global Certificate, units of the lowest<br />
denomination of such Notes (the “Specified Denomination”) payable in one or more currencies (each, a<br />
“Specified Currency”), (2) Definitive Notes, if any, issued in exchange for a Global Note, and (3) any<br />
Global Note. The Notes, the Receipts (as defined below), and the Coupons (as defined below) have the<br />
benefit of the Agency Agreement. Each Note will be the obligation of the Issuer only and will not be an<br />
obligation of, or guaranteed by, any subsi<strong>di</strong>aries or affiliates of the Issuer.<br />
Unless otherwise agreed by the Issuer and the relevant dealers (each, a “Dealer” and together, the<br />
“Dealers”), and specified in the applicable Final Terms, each tranche of Notes (“Tranche of Notes”) in<br />
bearer form will initially be represented by a temporary global note in bearer form (each, a “Bearer<br />
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