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INDEX OF DEFINED TERMS - Banca di Legnano

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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:39 – eprint6 – 4247 Section 12<br />

[By investing in the Notes each investor represents that:<br />

Form of Final Terms for Notes Linked to Underlying Asset(s)<br />

(a)<br />

(b)<br />

(c)<br />

Non-Reliance. It is acting for its own account, and it has made its own independent decisions<br />

to invest in the Notes and as to whether the investment in the Notes is appropriate or proper<br />

for it based upon its own judgment and upon advice from such advisers as it has deemed<br />

necessary. It is not relying on any communication (written or oral) of the Issuer or any Dealer<br />

as investment advice or as a recommendation to invest in the Notes, it being understood that<br />

information and explanations related to the “Terms and Con<strong>di</strong>tions of the Notes” shall not be<br />

considered to be investment advice or a recommendation to invest in the Notes. No<br />

communication (written or oral) received from the Issuer or any Dealer shall be deemed to be<br />

an assurance or guarantee as to the expected results of the investment in the Notes.<br />

Assessment and Understan<strong>di</strong>ng. It is capable of assessing the merits of and understan<strong>di</strong>ng (on<br />

its own behalf or through independent professional advice), and understands and accepts the<br />

terms and con<strong>di</strong>tions and the risks of the investment in the Notes. It is also capable of<br />

assuming, and assumes, the risks of the investment in the Notes.<br />

Status of Parties. Neither the Issuer nor any Dealer is acting as fiduciary for or adviser to it in<br />

respect of the investment in the Notes.]<br />

[Include whichever of the following apply or specify as “Not Applicable” (N/A). Note that the<br />

numbering should remain as set out below, even if “Not Applicable” is in<strong>di</strong>cated for in<strong>di</strong>vidual paragraphs<br />

or subparagraphs. Italics denote guidance for completing the Final Terms.]<br />

[When completing any final terms, or ad<strong>di</strong>ng any other final terms or information, consideration<br />

should be given as to whether such terms or information constitute “significant new factors” and<br />

consequently trigger the need for a supplement to the Offering Circular under Article 16 of the Prospectus<br />

Directive.]<br />

1. Issuer: Bank of America Corporation<br />

2. (i) Series Number: [ ]<br />

(ii) Tranche Number: [ ]<br />

3. Specified Currency (or Currencies in the [ ]<br />

case of Dual Currency Notes):<br />

4. Aggregate Nominal Amount of Notes: [ ]<br />

(i) Series: [ ]<br />

(ii) Tranche: [ ]<br />

(If fungible with an existing Series, details of that<br />

Series, inclu<strong>di</strong>ng the date on which the Notes become<br />

fungible)<br />

5. Issue Price: [[ ] per cent. of the Aggregate Nominal Amount<br />

[plus accrued interest from [insert date] (if<br />

applicable)]<br />

6. Specified Denominations: [ ]<br />

(Notes (inclu<strong>di</strong>ng Notes denominated in Sterling) in<br />

respect of which the issue proceeds are to be<br />

234

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