-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DlXP5uOtyLPt0N48C1LAY99S5zF6C5L5mdBDY7+AWkCqhTDRzhTTNbxEaqlKvn3z nENTIQ7xLJp2naZNnsshuw== 0000070858-04-000443.txt : 20040817 0000070858-04-000443.hdr.sgml : 20040817 20040817163300 ACCESSION NUMBER: 0000070858-04-000443 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20040813 FILED AS OF DATE: 20040817 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BANKAMERICA INVESTMENT CORP CENTRAL INDEX KEY: 0001261870 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23262 FILM NUMBER: 04982281 MAIL ADDRESS: STREET 1: 231 SOUTH LASALLE STREET CITY: CHICAGO STATE: IL ZIP: 60697 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CMGI INC CENTRAL INDEX KEY: 0000914712 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-DIRECT MAIL ADVERTISING SERVICES [7331] IRS NUMBER: 042921333 STATE OF INCORPORATION: DE FISCAL YEAR END: 0731 BUSINESS ADDRESS: STREET 1: 425 MEDFORD STREET CITY: CHARLESTOWN STATE: MA ZIP: 02129 BUSINESS PHONE: 617 886-4500 MAIL ADDRESS: STREET 1: 425 MEDFORD STREET CITY: CHARLESTOWN STATE: MA ZIP: 02129 FORMER COMPANY: FORMER CONFORMED NAME: CMG INFORMATION SERVICES INC DATE OF NAME CHANGE: 19981007 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Fleet National Bank CENTRAL INDEX KEY: 0001292806 STATE OF INCORPORATION: X1 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23262 FILM NUMBER: 04982280 BUSINESS ADDRESS: STREET 1: 100 FEDERAL STREET CITY: BOSTON STATE: MA ZIP: 02110 BUSINESS PHONE: 617-434-7648 MAIL ADDRESS: STREET 1: 100 FEDERAL STREET CITY: BOSTON STATE: MA ZIP: 02110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BANK OF AMERICA CORP /DE/ CENTRAL INDEX KEY: 0000070858 STANDARD INDUSTRIAL CLASSIFICATION: NATIONAL COMMERCIAL BANKS [6021] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-23262 FILM NUMBER: 04982282 BUSINESS ADDRESS: STREET 1: BANK OF AMERICA CORPORATE CENTER STREET 2: 100 N TRYON ST CITY: CHARLOTTE STATE: NC ZIP: 28255 BUSINESS PHONE: 7043868486 MAIL ADDRESS: STREET 1: BANK OF AMERICA CORPORATE CENTER STREET 2: 100 N TRYON ST CITY: CHARLOTTE STATE: NC ZIP: 28255 FORMER NAME: FORMER CONFORMED NAME: BANKAMERICA CORP/DE/ DATE OF NAME CHANGE: 19981022 FORMER NAME: FORMER CONFORMED NAME: NATIONSBANK CORP DATE OF NAME CHANGE: 19920703 FORMER NAME: FORMER CONFORMED NAME: NCNB CORP DATE OF NAME CHANGE: 19920107 4 1 primary_doc.xml PRIMARY DOCUMENT X0202 4 2004-08-13 0 0000914712 CMGI INC CMGI 0000070858 BANK OF AMERICA CORP /DE/ BANK OF AMERICA CORPORATE CENTER 100 N TRYON ST CHARLOTTE NC 28255 0 0 1 0 0001261870 BANKAMERICA INVESTMENT CORP 231 SOUTH LASALLE STREET CHICAGO IL 60697 0 0 1 0 0001292806 Fleet National Bank 100 FEDERAL STREET BOSTON MA 02110 0 0 1 0 Common Stock 3897335 I See note Common Stock 2004-08-13 4 S 0 25000 1.17 D 123275 I See note Common Stock 2004-08-16 4 S 0 40400 1.19 D 82875 I See note Common Stock 0 I See note Common Stock 68074 I See note Common Stock 26440 I See note These securities are owned by BankAmerica Investment Corporation, which is a member of a "group" with other stockholders of the Issuer for purposes of Section 13(d) of the Securities Exchange Act of 1934. These securities may be deemed to be indirectly owned by Bank of America Corporation by virtue of Bank of America Corporation's 100% ownership of BankAmerica Investment Corporation. Bank of America Corporation disclaims beneficial ownership of such securities except to the extent of its pecuniary interest therein. These securities are owned by FSC Corp. These securities may be deemed to be indirectly owned by Bank of America Corporation by virtue of Bank of America Corporation's 100% ownership of FSC Corp. Bank of America Corporation dislcaims beneficial ownership of such securities except to the extent of its pecuniary interest therein. Fleet National Bank, as trustee of both the Abegail L. Moore Trust and the Alexander S. Moore Trust, is a member of the Section 13(d) "group" along with certain other stockholders of the Issuer. Fleet National Bank does not have a pecuniary interest in any shares of the Issuer. These securities are beneficially owned by BAS Capital Funding Corporation. These securities may be deemed to be indirectly owned by Bank of America Corporation, by virtue of its 100% ownership of BAS Capital Funding Corporation. Bank of America Corporation disclaims beneficial ownership of such securities except to the extent of its pecuniary interest therein. These securities are owned by Banc of America Securities LLC. Banc of America Securities LLC is a wholly-owned subsidiary of NationsBank Montgomery Holdings Corporation, which is a wholly-owned subsidiary of NB Holdings Corporation, which is a wholly-owned subisidary of Bank of America Corporation. NationsBank Montgomery Holdings Corporation, NB Holdings Corporation, and Bank of America Corporation disclaim beneficial ownership of such shares except to the extent of their pecuniary interest therein. /s/ Leah B. Sample, Vice President, Bank of America Corporation 2004-08-17 /s/ Debra M. Ingraham, Attorney-in-Fact, Fleet National Bank 2004-08-17 /s/ Debra M. Ingraham, Attorney-in-Fact, BankAmerica Investment Corporation 2004-08-17 EX-99.1 2 jointfiler.htm JOINT FILER INFORMATION (Page 3 of 5)

EXHIBIT 99.1

JOINT FILER INFORMATION

Name: BankAmerica Investment Corporation

231 So. LaSalle Street

Chicago, IL 60679

Designated Filer: Bank of America Corporation

Issuer and

Ticker Symbol: CMGI, Inc. (CMGI)

Date of Event

Requiring Statement: August 13, 2004

Signature: BANKAMERICA INVESTMENT CORPORATION

By: /s/ Debra M. Ingraham

Debra M. Ingraham

Attorney-in-Fact

Name: Fleet National Bank

175 Federal Street, 10th Floor

Boston, MA 02110

Designated Filer: Bank of America Corporation

Issuer and

Ticker Symbol: CMGI, Inc. (CMGI)

Date of Event

Requiring Statement: August 13, 2004

Signature: Fleet National Bank

By: /s/ Debra M. Ingraham

Debra M. Ingraham

Attorney-in-Fact

 EX-24 3 poa.htm POWER OF ATTORNEY POWER OF ATTORNEY

Exhibit 24.1

LIMITED POWER OF ATTORNEY

Know all by these presents, that the undersigned hereby constitutes and appoints each of Debra M. Ingraham, Michael B. McNulty and Michael J. Denny, or any of them signing singly, and with full power of substitution, the undersigned's true and lawful attorney-in-fact to:

(1) execute for and on behalf of the undersigned, in the undersigned's capacity as 10% beneficial owners of CMGI, Inc. (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder;

(2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the SEC and any stock exchange or similar authority; and

(3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.

The undersigned hereby grant to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledge that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

This Power of Attorney shall remain in full force and effect until the undersigned are no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

IN WITNESS WHEREOF, the undersigned have caused this Power of Attorney to be executed as of this 12th day of August, 2004.

 

Abegail L. Moore Trust dated June 5, 1996

By: Fleet National Bank, as Trustee

By: /s/ Kevin O'Shea

Kevin O'Shea

Vice President

alexander s.. Moore Trust dated June 5, 1996

By: Fleet National Bank, as Trustee

By: /s/ Kevin O'Shea

Kevin O'Shea

Vice President

fleet national bank

By: /s/ Kevin O'Shea

Kevin O'Shea

Vice President

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