Bank of America Corporation

Other

Paul A Pepe

Yonathan Epelbaum

Richard P Luciano

Russell L Stein

Frederick J Fiddle

Stuart C Kaperst

Emerson P Jones

Robert A Rudnick

David K Dolan

Daniel Y Kerstein

Jeffrey N Edwards

Dragomir K Kolev

Richard J Green

Todd K Kaplan

Frank R Strong

Thomas H Patrick, Jr

Eric Steifman

James R Birle, Jr

Brennan J Warble

Prasanth Rao-Kathi

A convertible financial instrument provides incentives to holders to keep the instruments outstanding so that issuers maintain flexibility and control over the maturity date of the instrument and the manner in which it is settled. The instrument may provide issuers with the ability to deduct an amount for tax purposes that approximates the true economic cost of the financial instrument. The instrument may contain a provision calling for contingent payments (which may include, for example, contingent interest, preferred distributions, contingent principal, dividends, and other pay-outs) to the holder in some circumstances, which may be based on formulae calculations. For example, this may occur when the trading value of the convertible instrument exceeds a pre-determined value such as, for example, a certain percentage of the accreted value of the convertible instrument, or, for example, another circumstance that may trigger a contingent payment may be when the price of another financial instrument (e.g., the underlying security, the reference security, etc.) is below, higher than, or equal to a pre-determined value.

Convertible financial instruments with contingent payments

In a method for obtaining capital, a convertible or exchangeable financial instrument having an accreted value and that earns returns over a lifetime comprising at least a first and a second time period is offered. During a first time period, at least some of the returns earned are paid in cash. During a second time period all of the returns earned are accreted to the accreted value of the financial instrument. Returns may be earned during each period according to a rate associated with each period. The rate associated with each period may be fixed or variable and may be modified by one or more rate modifiers, such as a minimum or maximum rate. The financial instrument may include a provision describing how the instrument is serviced when the current value of a rate is negative.

Financial instrument providing returns as cash and accretion

A convertible financial instrument provides incentives to holders to keep the instruments outstanding so that issuers maintain flexibility and control over the maturity date of the instrument and the manner in which it is settled. The instrument may provide issuers with the ability to deduct an amount for tax purposes that approximates the true economic cost of the financial instrument. The instrument may contain a provision calling for contingent payments (which may include, for example, contingent interest, preferred distributions, contingent principal, dividends, and other pay-outs) to the holder in some circumstances, which may be based on formulae calculations. For example, this may occur when the trading value of the convertible instrument exceeds a predetermined value such as, for example, a certain percentage of the accredited value of the convertible instrument, or, for example, another circumstance that may trigger a contingent payment may be when the price of another financial instrument (e.g., the underlying security, the reference security, etc.) is below, higher than, or equal to a pre-determined value.

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Paul A Pepe