AMENDMENT TO THE DEPOSIT AGREEMENT BETWEEN BANK OF AMERICA CORPORATION AND EQUISERVE, INC.
DEPOSIT AGREEMENT
BETWEEN
BANK OF AMERICA CORPORATION
AND EQUISERVE, INC.
This Amendment (the "Amendment") to the Deposit Agreement relating to Series VII Fixed/Adjustable Rate Cumulative Preferred Stock of Fleet Financial Group, Inc. dated April 1, 1996 (the "Deposit Agreement") is entered into between Bank of America Corporation, as successor to FleetBoston Financial Corporation and Fleet Financial Group, Inc., and EquiServe, Inc., as successor to First Chicago, NBD and Fleet National Bank.
The parties agree as follows:
1. All
references to "Series VII Fixed/Adjustable Rate Cumulative Preferred Stock"
should be replaced
with references to "Bank of America Fixed/Adjustable Rate Cumulative Preferred
Stock."
2. All
references to Rhode Island and the laws of Rhode Island should be replaced
with Delaware and
the laws of Delaware.
3. All
other terms of the Deposit Agreement will remain in effect.
This Amendment shall
be effective at 12:01 a.m. April 1, 2004.
Bank of America Corporation
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
EquiServe, Inc.
/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Senior Managing Director