SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported):
December 3, 2009
BANK OF AMERICA CORPORATION
(Exact name of registrant as specified in its charter)
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| Delaware
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1-6523
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56-0906609 |
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(Commission File Number)
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(IRS Employer Identification No.) |
100 North Tryon Street
Charlotte, North Carolina 28255
(Address of principal executive offices)
(704) 386-5681
(Registrant’s telephone number, including area code)
Not Applicable
(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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c)) |
ITEM 8.01. OTHER ITEMS.
Reference is made to the preliminary prospectus supplement dated December 3, 2009, relating to
the offer of Bank of America Corporation (the “Corporation”) Common Equivalent Securities,
consisting of depositary shares, each representing a 1/1,000th interest in a share of
the Corporation’s Common Equivalent Junior Preferred Stock, Series S, and contingent warrants to
purchase shares of the Corporation’s common stock (the “Contingent Warrants”), in connection with
the Corporation’s automatic shelf registration statement on Form S-3 (No. 333-158663). The
preliminary prospectus supplement describes various securities offered by the Corporation under the
headings “Description of the Common Equivalent Securities and Common Equivalent Stock,”
“Description of the Depositary Shares” and “Description of the Contingent Warrants to Purchase
Common Stock.” Filed herewith as exhibits are the following documents further describing the
securities offered by the Corporation: (1) as Exhibit 4.1, a form of Common Equivalent Security
Certificate, and (2) as Exhibit 4.2, a form of Contingent Warrant. Each of these exhibits is
incorporated by reference into the automatic shelf registration statement described above.