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

On:  Friday, 2/25/11, at 4:27pm ET   ·   For:  12/31/10   ·   Delayed-Release:  Document/Exhibit  –  Release Delayed   ·   Accession #:  950123-11-18743   ·   File #:  1-06523

Previous ‘10-K’:  ‘10-K’ on 2/26/10 for 12/31/09   ·   Next:  ‘10-K’ on 2/23/12 for 12/31/11   ·   Latest:  ‘10-K’ on 2/20/24 for 12/31/23   ·   11 References:   

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

 2/25/11  Bank of America Corp/DE           10-K12/31/10  191:87M                                    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   6.65M 
191: COVER     ¶ Comment-Response or Cover Letter to the SEC         HTML     46K  
 2: EX-3.B      Articles of Incorporation/Organization or Bylaws    HTML    125K 
 3: EX-4.EE     Instrument Defining the Rights of Security Holders  HTML     70K 
 4: EX-4.FF     Instrument Defining the Rights of Security Holders  HTML     68K 
 5: EX-4.GG     Instrument Defining the Rights of Security Holders  HTML     63K 
 6: EX-4.HH     Instrument Defining the Rights of Security Holders  HTML     63K 
 7: EX-10.C     Material Contract                                   HTML     48K 
 9: EX-10.DDD   Material Contract                                   HTML     49K 
10: EX-10.EEE   Material Contract                                   HTML     97K 
 8: EX-10.I     Material Contract                                   HTML    252K 
11: EX-10.III   Material Contract                                   HTML     70K 
12: EX-10.JJJ   Material Contract                                   HTML    122K 
13: EX-10.KKK   Material Contract                                   HTML     83K 
14: EX-10.LLL   Material Contract                                   HTML     75K 
16: EX-21       Subsidiaries List                                   HTML    500K 
17: EX-23       Consent of Experts or Counsel                       HTML     49K 
18: EX-24.A     Power of Attorney                                   HTML     56K 
19: EX-24.B     Power of Attorney                                   HTML     49K 
15: EX-12       Statement re: Computation of Ratios                 HTML     58K 
20: EX-31.A     Certification -- §302 - SOA'02                      HTML     50K 
21: EX-31.B     Certification -- §302 - SOA'02                      HTML     50K 
22: EX-32.A     Certification -- §906 - SOA'02                      HTML     46K 
23: EX-32.B     Certification -- §906 - SOA'02                      HTML     46K 
143: XML         IDEA XML File -- Definitions and References          XML    986K  
169: XML         IDEA XML File -- Filing Summary                      XML   1.32M  
160: XML.R1      Document and Entity Information                      XML    236K  
161: XML.R2      Consolidated Statement of Income                     XML    729K  
91: XML.R3      Consolidated Balance Sheet                           XML   1.13M 
107: XML.R4      Consolidated Balance Sheet (Parenthetical)           XML    439K  
140: XML.R5      Consolidated Statement of Changes in Shareholders'   XML   1.57M  
                Equity                                                           
134: XML.R6      Consolidated Statement of Cash Flows                 XML    734K  
179: XML.R7      Consolidated Statement of Cash Flows                 XML    331K  
                (Parenthetical)                                                  
54: XML.R8      Summary of Significant Accounting Principles         XML    173K 
133: XML.R9      Merger and Restructuring Activity                    XML    144K  
47: XML.R10     Trading Account Assets and Liabilities               XML     89K 
46: XML.R11     Derivatives                                          XML    601K 
90: XML.R12     Securities                                           XML    515K 
152: XML.R13     Outstanding Loans and Leases                         XML    521K  
95: XML.R14     Allowance for Credit Losses                          XML    172K 
100: XML.R15     Securitizations and Other Variable Interest          XML    682K  
                Entities                                                         
125: XML.R16     Representations and Warranties Obligations and       XML    172K  
                Corporate Guarantees                                             
188: XML.R17     Goodwill and Intangible Assets                       XML    117K  
78: XML.R18     Deposits                                             XML     95K 
30: XML.R19     Federal Funds Sold, Securities Borrowed or           XML    124K 
                Purchased Under Agreements to Resell and                         
                Short-term Borrowings                                            
105: XML.R20     Long-term Debt                                       XML    389K  
149: XML.R21     Commitments and Contingencies                        XML    257K  
62: XML.R22     Shareholders' Equity                                 XML    181K 
141: XML.R23     Accumulated Other Comprehensive Income               XML    129K  
101: XML.R24     Earnings Per Common Share                            XML    111K  
178: XML.R25     Regulatory Requirements and Restrictions             XML    127K  
155: XML.R26     Employee Benefit Plans                               XML    599K  
111: XML.R27     Stock Based Compensation Plans                       XML    112K  
126: XML.R28     Income Taxes                                         XML    222K  
45: XML.R29     Fair Value Measurements                              XML    833K 
50: XML.R30     Fair Value Option                                    XML    185K 
66: XML.R31     Fair Value of Financial Instruments                  XML     90K 
85: XML.R32     Mortgage Servicing Rights                            XML    119K 
124: XML.R33     Business Segment Information                         XML    396K  
154: XML.R34     Parent Company Information                           XML    177K  
37: XML.R35     Performance By Geographic Area                       XML    122K 
55: XML.R36     Summary of Significant Accounting Principles         XML    100K 
                (Policies)                                                       
164: XML.R37     Merger and Restructuring Activity (Tables)           XML    155K  
176: XML.R38     Trading Account Assets and Liabilities (Tables)      XML     87K  
113: XML.R39     Derivatives (Tables)                                 XML    606K  
185: XML.R40     Securities (Tables)                                  XML    544K  
56: XML.R41     Outstanding Loans and Leases (Tables)                XML    559K 
187: XML.R42     Allowance for Credit Losses (Tables)                 XML    175K  
70: XML.R43     Securitizations and Other Variable Interest          XML    690K 
                Entities (Tables)                                                
33: XML.R44     Representations and Warranties Obligations and       XML    154K 
                Corporate Guarantees (Tables)                                    
67: XML.R45     Goodwill and Intangible Assets (Tables)              XML    106K 
148: XML.R46     Deposits (Tables)                                    XML     99K  
174: XML.R47     Federal Funds Sold, Securities Borrowed or           XML    121K  
                Purchased Under Agreements to Resell and                         
                Short-term Borrowings (Tables)                                   
98: XML.R48     Long-term Debt (Tables)                              XML    389K 
73: XML.R49     Commitments and Contingencies (Tables)               XML    125K 
123: XML.R50     Shareholder's Equity (Tables)                        XML    163K  
43: XML.R51     Accumulated Other Comprehensive Income (Tables)      XML    126K 
129: XML.R52     Earnings Per Common Share (Tables)                   XML    106K  
76: XML.R53     Regulatory Requirements and Restrictions (Tables)    XML    112K 
53: XML.R54     Employee Benefit Plans (Tables)                      XML    645K 
172: XML.R55     Stock-Based Compensation Plans (Tables)              XML    109K  
166: XML.R56     Income Taxes (Tables)                                XML    246K  
89: XML.R57     Fair Value Measurements (Tables)                     XML    837K 
60: XML.R58     Fair Value Option (Tables)                           XML    145K 
157: XML.R59     Fair Value of Financial Instruments (Tables)         XML     85K  
49: XML.R60     Mortage Servicing Rights (Tables)                    XML    129K 
135: XML.R61     Business Segment Information (Tables)                XML    394K  
130: XML.R62     Parent Company Information (Tables)                  XML    189K  
165: XML.R63     Performance by Geographical Area (Tables)            XML    121K  
159: XML.R64     Summary of Significant Accounting Principles         XML    958K  
                (Details)                                                        
181: XML.R65     Merger and Restructuring Activity (Details)          XML    215K  
58: XML.R66     Merger and Restructuring Activity (Details 1)        XML    504K 
88: XML.R67     Merger and Restructuring Activity (Details 2)        XML    132K 
119: XML.R68     Merger and Restructuring Activity (Details 3)        XML    318K  
103: XML.R69     Merger and Restructuring Activity (Details           XML    446K  
                Textuals)                                                        
122: XML.R70     Trading Account Assets and Liabilities (Details)     XML    511K  
186: XML.R71     Derivatives (Details)                                XML   7.25M  
59: XML.R72     Derivatives (Details 1)                              XML    426K 
71: XML.R73     Derivatives (Details 2)                              XML    517K 
65: XML.R74     Derivatives (Details Textuals)                       XML    479K 
115: XML.R75     Securities (Details)                                 XML   3.66M  
128: XML.R76     Securities (Details 1)                               XML   4.67M  
110: XML.R77     Securities (Details 2)                               XML    478K  
99: XML.R78     Securities (Details 3)                               XML    120K 
57: XML.R79     Securities (Details 4)                               XML    182K 
35: XML.R80     Securities (Details Textuals)                        XML   1.40M 
117: XML.R81     Outstanding Loans and Leases (Details)               XML   1.82M  
87: XML.R82     Outstanding Loans and Leases (Details 1)             XML    410K 
109: XML.R83     Outstanding Loans and Leases (Details 2)             XML   2.61M  
145: XML.R84     Outstanding Loans and Leases (Details 3)             XML    554K  
139: XML.R85     Outstanding Loans and Leases (Details 4)             XML    230K  
80: XML.R86     Outstanding Loans and Leases (Details 5)             XML    858K 
151: XML.R87     Outstanding Loans and Leases (Details 6)             XML    720K  
136: XML.R88     Outstanding Loans and Leases (Details 7)             XML    218K  
64: XML.R89     Outstanding Loans and Leases (Details 8)             XML    130K 
97: XML.R90     Outstanding Loans and Leases (Details Textuals)      XML   1.28M 
138: XML.R91     Allowance for Credit Losses (Details 1)              XML    615K  
77: XML.R92     Allowance for Credit Losses (Details 2)              XML   1.32M 
156: XML.R93     Allowance for Credit Losses (Details Textuals)       XML    260K  
83: XML.R94     Securitizations and Other Variable Interest          XML   1.20M 
                Entities (Details 1)                                             
144: XML.R95     Securitizations and Other Variable Interest          XML   3.44M  
                Entities (Details 2)                                             
118: XML.R96     Securitizations and Other Variable Interest          XML   3.95M  
                Entities (Details 3)                                             
36: XML.R97     Securitizations and Other Variable Interest          XML   1.44M 
                Entities (Details 4)                                             
81: XML.R98     Securitizations and Other Variable Interest          XML   1.27M 
                Entities (Details Textuals)                                      
150: XML.R99     Representations and Warranties Obligations and       XML    540K  
                Corporate Guarantees (Details)                                   
51: XML.R100    Representations and Warranties Obligations and       XML    480K 
                Corporate Guarantees (Details 1)                                 
112: XML.R101    Representations and Warranties Obligations and       XML    360K  
                Corporate Guarantees (Details Textuals)                          
127: XML.R102    Goodwill and Intangible Assets (Details 1)           XML    544K  
163: XML.R103    Goodwill and Intangible Assets (Details 2)           XML    345K  
190: XML.R104    Goodwill and Intangible Assets (Details Textuals)    XML    482K  
74: XML.R105    Deposits (Details)                                   XML    475K 
38: XML.R106    Federal Funds Sold, Securities Borrowed or           XML    793K 
                Purchased Under Agreements to Resell and                         
                Short-term Borrowings (Details)                                  
79: XML.R107    Long-term Debt (Details)                             XML   2.11M 
86: XML.R108    Long-term Debt (Details 1)                           XML    732K 
48: XML.R109    Long-term Debt (Details 2)                           XML   7.81M 
171: XML.R110    Long-Term Debt (Details Textuals)                    XML    635K  
168: XML.R111    Commitments and Contingencies (Details)              XML   9.96M  
42: XML.R112    Shareholder's Equity (Details)                       XML   3.04M 
92: XML.R113    Shareholders Equity (Details Textuals)               XML   1.21M 
108: XML.R114    Accumulated Other Comprehensive Income (Details)     XML    756K  
142: XML.R115    Earnings Per Common Share (Details 1)                XML    179K  
44: XML.R116    Earnings Per Common Share (Details 2)                XML    166K 
180: XML.R117    Earnings Per Common Share (Details Textual)          XML    242K  
120: XML.R118    Regulatory Requirements and Restrictions (Details)   XML    472K  
104: XML.R119    Regulatory Requirements and Restrictions (Details    XML    493K  
                Textuals)                                                        
41: XML.R120    Employee Benefit Plans (Details)                     XML    651K 
147: XML.R121    Employee Benefit Plans (Details 1)                   XML   1.15M  
131: XML.R122    Employee Benefit Plans (Details 2)                   XML   1.19M  
82: XML.R123    Employee Benefit Plans (Details 3)                   XML    860K 
72: XML.R124    Employee Benefit Plans (Details 4)                   XML    408K 
96: XML.R125    Employee Benefit Plans (Details 5)                   XML    495K 
183: XML.R126    Employee Benefit Plans (Details 6)                   XML    370K  
114: XML.R127    Employee Benefit Plans (Details 7)                   XML   1.94M  
116: XML.R128    Employee Benefit Plans (Details 8)                   XML    803K  
158: XML.R129    Employee Benefit Plans (Details 9)                   XML    373K  
132: XML.R130    Employee Benefit Plans (Details Textuals)            XML   1.31M  
32: XML.R131    Stock-Based Compensation Plans (Details)             XML    560K 
162: XML.R132    Stock-Based Compensation Plans (Details 1)           XML    812K  
68: XML.R133    Income Taxes (Details)                               XML   2.87M 
94: XML.R134    Fair Value Measurements (Details 1)                  XML   8.81M 
121: XML.R135    Fair Value Measurements (Details 2)                  XML   2.45M  
106: XML.R136    Fair Value Measurements (Details 3)                  XML    740K  
182: XML.R137    Fair Value Measurements (Details 4)                  XML   1.92M  
69: XML.R138    Fair Value Measurements (Details 5)                  XML    774K 
52: XML.R139    Fair Value Measurements (Details 6)                  XML    249K 
189: XML.R140    Fair Value Measurements (Details Textuals)           XML    541K  
175: XML.R141    Fair Value Option (Details)                          XML   1.52M  
93: XML.R142    Fair Value Option (Details 1)                        XML    520K 
31: XML.R143    Fair Value Option (Details Textuals)                 XML     87K 
167: XML.R144    Fair Value of Financial Instruments (Details)        XML    210K  
177: XML.R145    Mortage Servicing Rights (Details)                   XML    223K  
39: XML.R146    Mortgage Servicing Rights (Details 1)                XML    163K 
75: XML.R147    Mortgage Servicing Rights (Details 2)                XML    309K 
102: XML.R148    Mortgage Servicing Rights (Details Textuals)         XML     78K  
184: XML.R149    Business Segment Information (Details)               XML   1.40M  
63: XML.R150    Business Segment Information (Details 1)             XML   1.76M 
84: XML.R151    Business Segment Information (Details 2)             XML    626K 
137: XML.R152    Business Segment Information (Details 3)             XML    331K  
40: XML.R153    Parent Company Information (Details)                 XML    428K 
34: XML.R154    Parent Company Information (Details 1)               XML    551K 
146: XML.R155    Parent Company Information (Details 2)               XML    573K  
61: XML.R156    Performance by Geographical Area (Details)           XML    629K 
173: XML.R157    Performance by Geographical Area (Details            XML    244K  
                Textuals)                                                        
170: EXCEL       IDEA Workbook of Financial Reports (.xls)            XLS  11.72M  
24: EX-101.INS  XBRL Instance -- bac-20101231                        XML  17.41M 
26: EX-101.CAL  XBRL Calculations -- bac-20101231_cal                XML    381K 
29: EX-101.DEF  XBRL Definitions -- bac-20101231_def                 XML   3.49M 
27: EX-101.LAB  XBRL Labels -- bac-20101231_lab                      XML   5.83M 
28: EX-101.PRE  XBRL Presentations -- bac-20101231_pre               XML   4.32M 
25: EX-101.SCH  XBRL Schema -- bac-20101231                          XSD   1.11M 
153: ZIP         XBRL Zipped Folder -- 0000950123-11-018743-xbrl      Zip   1.02M  


‘EX-10.LLL’   —   Material Contract


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  exv10wlll  

Exhibit 10(lll)
Bank of America Corporation
Long-Term Cash Award Agreement
This document contains your Long-Term Cash Award Agreement. A Beneficiary Designation Form is also included if you wish to designate a beneficiary or if you wish to change your current beneficiary designation.

What you need to do
1.   Review the Award Agreement to ensure you understand its provisions. With each award you receive, provisions of your Award Agreement may change so it is important to review your Award Agreement.
 
2.   Print the Award Agreement and file it with your important papers.
 
3.   Accept your Award Agreement through the online acceptance process.*
 
4.   Designate a beneficiary for your award by completing a Beneficiary Designation Form and returning it to the address listed on the form.
 
*   If you do not accept your Award Agreement through the online acceptance process by November 15, 2009, or such other date that may be communicated, Bank of America will automatically accept the Award Agreement on your behalf.
For more information
For more information about your award, review your Award Agreement, which in all events is the controlling document for your award.
(BANK OF AMERICA LOGO)
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 1 of 6

 



 

(BANK OF AMERICA LOGO)
LONG-TERM CASH AWARD AGREEMENT
 C:  C:  C:  C: 
         
GRANTED TO   GRANT DATE   AWARD AMOUNT
 
       
 
       
This Long-Term Cash Award Agreement and all Exhibits hereto (the “Agreement”) is made between Bank of America Corporation, a Delaware corporation (“Bank of America”), and you, an associate of Bank of America or one of its Subsidiaries.
The long-term cash award covered by this Agreement (the “Award”) is being granted to you as a result of your participation in the Bank of America Corporation Equity Incentive Plan, subject to the following terms and provisions:
1.   Subject to the terms and conditions of this Agreement, Bank of America grants to you the Award in the total amount shown above, payable in cash. The Award amount was calculated to include interest, and no additional interest will be credited with respect to the Award.
 
2.   You acknowledge having read and agree to be bound by all the terms and conditions of this Agreement.
 
3.   The Award shall become earned by, and payable to, you in the increments and on the dates shown on the enclosed Exhibit A.
 
4.   By executing and returning a Beneficiary Designation Form, you may designate a beneficiary to receive payment of the Award in the event of your death while in service with Bank of America or its Subsidiaries. If you do not designate a beneficiary or if your designated beneficiary does not survive you, then your beneficiary will be your estate. A Beneficiary Designation Form has been included in your Award package.
 
5.   Any notice which either party hereto may be required or permitted to give to the other shall be in writing and may be delivered personally, by intraoffice mail, by fax, by electronic mail or other electronic means, or via a postal service, postage prepaid, to such electronic mail or postal address and directed to such person as Bank of America may notify you from time to time; and to you at your electronic mail or postal address as shown on the records of Bank of America from time to time, or at such other electronic mail or postal address as you, by notice to Bank of America, may designate in writing from time to time.
 
6.   This Award, and all payments thereof, are subject to all applicable payroll and withholding taxes. Regardless of any employer withholding on your Award, you are responsible for proper payment and reporting of any income tax, social security taxes and other taxes that are due as a result of your Award.
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 2 of 6

 



 

7.   The validity, construction and effect of this Agreement are governed by, and subject to, the laws of the State of Delaware and the laws of the United States. For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties evidenced by this Award or this Agreement, the parties hereby submit to and consent to the exclusive jurisdiction of North Carolina and agree that such litigation shall be conducted solely in the courts of Mecklenburg County, North Carolina or the federal courts for the United States for the Western District of North Carolina, where this grant is made and/or to be performed, and no other courts.
 
8.   In the event any provision of this Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining parts of the Agreement, and the Agreement shall be construed and enforced as if the illegal or invalid provision had not been included. This Agreement constitutes the final understanding between you and Bank of America regarding this Award. Any prior agreements, commitments or negotiations concerning this Award are superseded. This Agreement may only be amended by a written instrument signed by both parties.
 
9.   If you move to any country outside of the United States during the term of your Award, additional terms and conditions may apply to your Award. Bank of America reserves the right to impose other requirements on the Award to the extent Bank of America determines it is necessary or advisable in order to comply with local law or facilitate the administration of the Award and to require you to sign any additional agreements or undertakings that may be necessary to accomplish the foregoing.
IN WITNESS WHEREOF, Bank of America has caused this Agreement to be executed by its duly authorized officer, and you have hereunto set your hand, all effective as of the Grant Date listed above.
                 
BANK OF AMERICA CORPORATION       ASSOCIATE    
 
               
By:
             
 
               
 
               
Chairman, Chief Executive Officer and President            
 
               
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 3 of 6

 



 

Exhibit A
Bank of America Corporation
Long-Term Cash Award
Payment of Award
     (a) Payment Schedule. Subject to the provisions of paragraph (b) below, the Award shall become earned and payable in accordance with the payment schedule below if you remain employed with Bank of America and its Subsidiaries through each of the payment dates as follows:
     
    Portion of Cash that Becomes
Payment Date*   Earned and Payable
  one-twelfth (1/12) of Award
  one-twelfth (1/12) of Award
  one-twelfth (1/12) of Award
  one-twelfth (1/12) of Award
  one-third (1/3) of Award
  one-third (1/3) of Award
 
*   Payment shall be made on or as soon as administratively practicable after the applicable payment date, generally within 30 days.
     (b) Termination Of Employment Prior To Payment. If your employment with Bank of America and its Subsidiaries terminates prior to any of the above payment date(s), then any unearned portion of the Award shall become earned and payable or be canceled depending on the reason for termination as follows:
  (i)   Death, Disability, or Termination by Bank of America due to Workforce Reduction or Divestiture. Any unearned portion of the Award shall become immediately earned and payable as of the date of your termination of employment if your termination is due to (A) death, (B) Disability, (C) Workforce Reduction or (D) Divestiture. (Payment will be made as soon as administratively practicable, generally within 30 days after notification of termination from the payroll system.)
 
  (ii)   Termination by Bank of America Without Cause. If your employment is terminated by your employer without Cause (not including Workforce Reduction or Divestiture), then any unearned portion of the Award shall become immediately earned and payable as of such date. (Payment will be made as soon as administratively practicable, generally within 30 days after notification of termination from the payroll system.)
 
  (iii)   Termination by Bank of America With Cause. If your employment is terminated by your employer with Cause, then any unearned portion of the Award shall be immediately canceled as of your employment termination date.
 
  (iv)   Termination by You. If you voluntarily terminate your employment, then any unearned portion of the Award shall be immediately canceled as of your employment termination date.
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 4 of 6

 



 

     (c) Definitions. For purposes hereof, the following terms shall have the following meanings:
      Cause shall be defined as that term is defined in your offer letter or other applicable employment agreement; or, if there is no such definition, “Cause” means a termination of your employment with Bank of America and its Subsidiaries if it occurs in conjunction with a determination by your employer that you have (i) committed an act of fraud or dishonesty in the course of your employment; (ii) been convicted of (or plead no contest with respect to) a crime constituting a felony; (iii) committed an act or omission which causes you or Bank of America or its Subsidiaries to be in violation of federal or state securities laws, rules or regulations, and/or the rules of any exchange or association of which Bank of America or its Subsidiaries is a member, including statutory disqualification; (iv) failed to perform your job function(s), which Bank of America views as being material to your position and the overall business of Bank of America and its Subsidiaries under circumstances where such failure is detrimental to Bank of America or any Subsidiary; (v) materially breached any written policy applicable to associates of Bank of America and its Subsidiaries including, but not limited to, the Bank of America Corporation Code of Ethics and General Policy on Insider Trading; or (vi) made an unauthorized disclosure of any confidential or proprietary information of Bank of America or its Subsidiaries or have committed any other material violation of Bank of America’s written policy regarding Confidential and Proprietary Information.
 
      Divestiture means a termination of your employment with Bank of America and its Subsidiaries as the result of a divestiture or sale of a business unit as determined by your employer based on the personnel records of Bank of America and its Subsidiaries.
 
      Workforce Reduction means your termination of employment with Bank of America and its Subsidiaries as a result of a labor force reduction, realignment or similar measure as determined by your employer and (i) you are officially notified in writing of your termination of employment due to a workforce reduction and eligibility for the Corporate Severance Program (or any successor program), or (ii) if not eligible for the Corporate Severance Program, you are notified in writing by an authorized officer of Bank of America or any Subsidiary that the termination is as a result of such action. Your termination of employment shall not be considered due to Workforce Reduction unless you execute all documents required under the Corporate Severance Program or otherwise, including without limitation any required release of claims, within the applicable time frames set forth in such documents or as prescribed by Bank of America. In the event you fail to execute all required documents in a timely fashion, your termination of employment will not be treated as a Workforce Reduction, and if any portion of your Award has been earned or paid to you after your termination of employment but before your failure to execute all required documents, you covenant and agree that you will have no right, title or interest in such amount earned or paid and that you will cause such amount to be returned immediately to Bank of America upon notice.
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 5 of 6

 



 

Bank of America Corporation
Long-Term Cash Award
Beneficiary Designation Form
Please complete this form if you wish to designate a beneficiary for your long-term cash awards (“Awards”) or if you wish to change your current beneficiary designation. Completed forms should be returned to Fidelity Investments, P.O. Box 770001, Cincinnati, Ohio 45277-0030.
************************************************************************
With respect to any of my Awards that are outstanding and become payable at the time of my death, I hereby designate the following person or entity as my beneficiary to receive any payments in connection with those Awards in the event of my death.
Designation of Primary Beneficiary. I designate the following as my Primary Beneficiary(ies):
             
Name of Beneficiary   Birthdate   Address   Relationship
_________________________
  ___________   _______________   ____________
_________________________
  ___________   _______________   ____________
_________________________
  ___________   _______________   ____________
Designation of Secondary Beneficiary. I designate the following as my Secondary Beneficiary(ies):
             
Name of Beneficiary   Birthdate   Address   Relationship
_________________________
  ___________   _______________   ____________
_________________________
  ___________   _______________   ____________
_________________________
  ___________   _______________   ____________
Selection of Rule for Deceased Beneficiary. Select either Rule 1 or Rule 2 below by marking with an X. The rule selected shall be applied to Primary Beneficiaries and Secondary Beneficiaries separately so that no Secondary Beneficiary (or issue of a Secondary Beneficiary) shall be entitled to a share of the death benefits unless all Primary Beneficiaries fail to survive the Participant and, if Rule 2 is selected, all issue of all Primary Beneficiaries fail to survive the Participant.
     
___
  Rule 1. The death benefits shall be paid in equal shares to those named Beneficiaries (either Primary or Secondary, as applicable) who survive me.
 
   
___
  Rule 2. The death benefits shall be paid in equal shares to those named Beneficiaries (either Primary or Secondary, as applicable) who survive me and to the surviving issue collectively of each named Beneficiary (either Primary or Secondary, as applicable) who does not survive me but who leaves issue surviving me, with the equal share for such surviving issue of such deceased named Beneficiary to be divided among and paid to such issue on a per stirpes basis. (Issue means lineal descendants and includes adopted persons.)
I understand that I may change this designation at any time by executing a new form and delivering it to Fidelity Investments. This designation supercedes any prior beneficiary designation made by me with respect to my Awards.
             
Signature of Participant:
      Date:    
 
           
     
Name of Participant (please print):
   
 
   
     
Participant’s Person Number:
   
 
   
(BANK OF AMERICA LOGO)
2009 US APP Long -Term Cash 3 Yr
09APP3L
Page 6 of 6


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
2/13/124,  FWP,  SC 13G/A
Filed on:2/25/11FWP
2/13/114
For Period end:12/31/1011-K,  13F-HR,  13F-HR/A,  4,  5
12/31/0910-K,  11-K,  13F-HR,  3,  3/A,  4,  424B5,  5,  ARS
11/15/09
9/30/0910-Q,  13F-HR,  3,  4,  8-K
6/30/0910-Q,  13F-HR,  3,  4,  424B2
3/31/0910-Q,  13F-HR,  13F-HR/A,  3,  8-A12B,  CERTPAC
 List all Filings 


11 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
 8/02/21  Bank of America Corp./DE          S-3/A                 12:4.2M                                   Donnelley … Solutions/FA
 6/25/21  Bank of America Corp./DE          S-3                   10:2.9M                                   Donnelley … Solutions/FA
 2/24/21  Bank of America Corp./DE          10-K       12/31/20  199:66M
 1/30/12  SEC                               UPLOAD10/03/17    1:45K  Bank of America Corp./DE
12/02/11  SEC                               UPLOAD10/03/17    1:52K  Bank of America Corp./DE
 8/03/11  SEC                               UPLOAD10/03/17    1:69K  Bank of America Corp./DE
 6/06/11  SEC                               UPLOAD10/03/17    1:189K Bank of America Corp./DE
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