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Bank of America Corp/DE – ‘10-K’ for 12/31/09 – ‘EX-10.XX’

On:  Friday, 2/26/10, at 7:51am ET   ·   For:  12/31/09   ·   Accession #:  1193125-10-41666   ·   File #:  1-06523

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/26/10  Bank of America Corp/DE           10-K       12/31/09   67:20M                                    Donnelley … Solutions/FA

Annual Report   —   Form 10-K   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   5.23M 
 2: EX-3.A      Amended and Restated Certificate of Incorporation   HTML   1.17M 
14: EX-10.AAA   Merrill Lynch & Co., Inc. Long-Term Incentive       HTML    167K 
                Compensation Plan                                                
15: EX-10.BBB   Employment Letter Dated May 1, 2008                 HTML     96K 
 3: EX-10.C     Bank of America Pension Restoration Plan            HTML     29K 
 4: EX-10.E     Bank of America 401(K) Restoration Plan             HTML     25K 
 5: EX-10.I     Bank of America Corporation 2003 Key Associate      HTML    126K 
                Stock Plan                                                       
16: EX-10.III   Letter Agreement Dated December 9, 2009, Amending   HTML     35K 
                January 9, 2009 Agreement                                        
17: EX-10.JJJ   Letter Agreement Dated December 9, 2009, Amending   HTML     34K 
                January 15, 2009 Agreement                                       
 6: EX-10.P     Retirement Income Assurance Plan for Legacy Fleet   HTML    174K 
 7: EX-10.QQ    Merrill Lynch & Co., Inc. Employee Stock            HTML     64K 
                Compensation Plan                                                
 8: EX-10.UU    Forms of Stock Agreements for Salary Stock Units    HTML    112K 
 9: EX-10.VV    Boatmen's Supplemental Retirement Plan              HTML     38K 
10: EX-10.WW    Employment Agreement Dated January 30, 1996         HTML     82K 
11: EX-10.XX    Employment Agreement Dated September 26, 1996       HTML     27K 
12: EX-10.YY    Employment Letter Dated May 7, 2001                 HTML     22K 
13: EX-10.ZZ    Equity Incentive Plan Amended & Restated Effective  HTML     62K 
                as of January 1, 2008                                            
19: EX-21       List of Subsidiaries                                HTML    704K 
20: EX-23       Consent of Pricewaterhousecoopers LLP               HTML     25K 
21: EX-24.A     Power of Attorney                                   HTML     33K 
22: EX-24.B     Corporate Resolution                                HTML     21K 
18: EX-12       Ratio of Earnings to Fixed Charges                  HTML     54K 
23: EX-31.A     Certification of the CEO Pursuant to Section 302    HTML     26K 
24: EX-31.B     Certification of the CFO Pursuant to Section 302    HTML     26K 
25: EX-32.A     Certification of the CEO Pursuant to 18 U.S.C.      HTML     21K 
                Section 1350                                                     
26: EX-32.B     Certification of the CFO Pursuant to 18 U.S.C.      HTML     21K 
                Section 1350                                                     
57: XML         IDEA XML File -- Definitions and References          XML    151K 
63: XML         IDEA XML File -- Filing Summary                      XML     78K 
61: XML.R1      Statement Of Income Interest Based Revenue           XML    471K 
62: XML.R2      Statement Of Financial Position Unclassified -       XML    310K 
                Deposit Based Operations                                         
44: XML.R3      Statement Of Financial Position Unclassified -       XML    187K 
                Deposit Based Operations (Parenthetical)                         
49: XML.R4      Statement Of Shareholders Equity And Other           XML    914K 
                Comprehensive Income                                             
55: XML.R5      Statement Of Cash Flows Indirect Deposit Based       XML    424K 
                Operations                                                       
54: XML.R6      Summary of Significant Accounting Principles         XML    122K 
66: XML.R7      Merger and Restructuring Activity                    XML    116K 
38: XML.R8      Trading Account Assets and Liabilities               XML     44K 
53: XML.R9      Derivatives                                          XML    372K 
36: XML.R10     Securities                                           XML    286K 
35: XML.R11     Outstanding Loans and Leases                         XML     94K 
43: XML.R12     Allowance for Credit Losses                          XML     59K 
59: XML.R13     Securitizations                                      XML    155K 
45: XML.R14     Variable Interest Entities                           XML    160K 
46: XML.R15     Goodwill and Intangible Assets                       XML     57K 
51: XML.R16     Deposits                                             XML     47K 
67: XML.R17     Short-term Borrowings                                XML     70K 
41: XML.R18     Long-term Debt                                       XML    242K 
33: XML.R19     Commitments and Contingencies                        XML    196K 
48: XML.R20     Shareholders' Equity and Earnings Per Common Share   XML    227K 
58: XML.R21     Regulatory Requirements and Restrictions             XML     75K 
39: XML.R22     Employee Benefit Plans                               XML    351K 
56: XML.R23     Stock-Based Compensation Plans                       XML     66K 
47: XML.R24     Income Taxes                                         XML    169K 
65: XML.R25     Fair Value Measurements                              XML    615K 
60: XML.R26     Fair Value of Financial Instruments                  XML     49K 
50: XML.R27     Mortgage Servicing Rights                            XML     69K 
52: XML.R28     Business Segment Information                         XML    364K 
34: XML.R29     Parent Company Information                           XML    120K 
37: XML.R30     Performance by Geographical Area                     XML     73K 
40: XML.R31     Document Information                                 XML     40K 
42: XML.R32     Entity Information                                   XML    109K 
64: EXCEL       IDEA Workbook of Financial Reports (.xls)            XLS    210K 
27: EX-101.INS  XBRL Instance -- bac-20091231                        XML   3.79M 
29: EX-101.CAL  XBRL Calculations -- bac-20091231_cal                XML    194K 
30: EX-101.DEF  XBRL Definitions -- bac-20091231_def                 XML    426K 
31: EX-101.LAB  XBRL Labels -- bac-20091231_lab                      XML    477K 
32: EX-101.PRE  XBRL Presentations -- bac-20091231_pre               XML    519K 
28: EX-101.SCH  XBRL Schema -- bac-20091231                          XSD     94K 


‘EX-10.XX’   —   Employment Agreement Dated September 26, 1996


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  Employment Agreement dated September 26, 1996  

Exhibit 10(xx)

LOGO

CONFIDENTIAL

September 26, 1996

Mr. Gregory L. Curl

Vice Chairman

Boatmen’s Bancshares, Inc.

One Boatmen’s Plaza

800 Market Street

Post Office Box 236

St. Louis, Missouri 63166-0236

Dear Mr. Curl:

This letter confirms our agreement regarding your terms of employment with NationsBank following the merger of NationsBank and Boatmen’s Bancshares, Inc. As you know, we anticipate the closing of the merger will be completed in January 1997. The terms of your employment outlined below will become effective upon the closing of the merger.

Base Salary; Annual Incentive. Your initial annual base salary will be $600,000. Your base salary will be reviewed periodically and may be increased (but not decreased) in the discretion of the Compensation Committee of the Board of Directors. You will also be entitled to receive an annual incentive. The amount of your incentive will not be less than $300,000 per year for the years 1997 through 1999 and will be commensurate with the bonuses of other executives with substantially similar levels of responsibility.

Restricted Stock Award. Upon the closing of the merger, you will be awarded 50,000 shares of restricted NationsBank common stock pursuant to the NationsBank Key Employee Stock Plan. The award of restricted stock will be an exempt acquisition under Section 16(b) of the Securities Exchange Act of 1934. You will become vested in the restricted stock in accordance with the following schedule so long as you are employed with NationsBank on the following dates:


Mr. Gregory L. Curl

Page 2

September 26, 1996

 

Vesting Date

        Shares Vested

January 1, 1998

     15,000

January 1, 1999

     15,000

January 1, 2000

     20,000

Supplemental Executive Retirement Plan. You will be entitled to participate in the NationsBank Supplemental Executive Retirement Plan (the “NationsBank SERP”). The NationsBank SERP has a target retirement benefit of 60% of your final five year average compensation offset by any defined benefit pension benefits received by you from any other sources, including the Boatmen’s Retirement Plan for Employees, the Boatmen’s Supplemental Retirement Plan, the NationsBank Pension Plan, the NationsBank Supplemental Retirement Plan, the retirement income plan of any of your previous employers under which you have a vested accrued benefit and Social Security (in each case other than Social Security, excluding any pension benefits attributable to your own employee contributions). The NationsBank SERP also provides a surviving spouse’s benefit equal to 75% of your benefit. You will receive credit for your service and compensation with Boatmen’s for purposes of determining your NationsBank SERP benefit. Your accrued benefits under the Boatmen’s Retirement Plan for Employees and the Boatmen’s Supplemental Retirement Plan as of the effective date of the merger will not be reduced, and the methods of payment available to you under those plans will be preserved.

Other Benefits. You will be entitled to receive other employee benefits commensurate with those provided to other senior executives of NationsBank.

In accordance with the provisions of your Employment Agreement with Boatmen’s Bancshares, Inc. dated January 30, 1996 (the “Employment Agreement”), subject to the merger becoming effective, NationsBank agrees to be bound by the terms of, and to assume the obligations of the “Company” under, the Employment Agreement (including the obligations of the Company under Article 7 of the Employment


Agreement) upon the effective date of the merger. Your new position will be Vice Chairman - Corporate Development, reporting directly to the Chief Executive Officer, and serving on the Executive Management Committee. In addition, NationsBank agrees that the contemplated merger of Boatmen’s and NationsBank, if consummated, constitutes a Change in Control within the meaning of the Employment Agreement. Further, NationsBank will not apply the provisions of Section 4.11 of the NationsBank SERP or Section 14.2 of the NationsBank Key Employee Stock Plan (or any similar provisions contained therein) to reduce any amounts payable to you under this letter agreement or the Employment Agreement unless and until it receives your written consent to such a reduction.

Please confirm that the terms of your employment outlined above accurately reflect our agreement by signing both copies of this letter. You should keep one copy of this letter with your important papers and return the other signed copy to me.

Sincerely,

 

/s/ C. J. Cooley

C. J. Cooley

Acknowledged and Agreed To:

 

/s/ Gregory L. Curl

Gregory L. Curl

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:2/26/1025-NSE,  4,  424B2,  8-A12B,  FWP,  NO ACT,  PRE 14A
For Period end:12/31/0911-K,  13F-HR,  3,  3/A,  4,  424B5,  5,  ARS
1/1/00
1/1/99
1/1/98
9/26/96
1/30/96424B2
 List all Filings 


7 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/20/24  Bank of America Corp./DE          10-K       12/31/23  200:61M
 2/22/23  Bank of America Corp./DE          10-K       12/31/22  200:66M
11/10/22  Bank of America Corp./DE          SC TO-I                7:1.3M Bank of America Corp./DE          Donnelley … Solutions/FA
 2/22/22  Bank of America Corp./DE          10-K       12/31/21  201:72M
 2/24/21  Bank of America Corp./DE          10-K       12/31/20  199:66M
 8/05/10  SEC                               UPLOAD10/03/17    1:114K Bank of America Corp./DE
 6/03/10  SEC                               UPLOAD10/03/17    1:97K  Bank of America Corp./DE
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Filing Submission 0001193125-10-041666   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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