EX-99

(2) If the Company's stockholders approve the Amendment, the Series S Preferred
Stock will automatically convert in full into shares of the Company's Common
Stock at a rate of 1,000 shares of Common Stock for each share of Series S
Preferred Stock, subject to certain adjustments, and the Contingent Warrants
will expire without becoming exercisable. If the Company's stockholders reject
the Amendment, the Contingent Warrants and the depositary shares will separate
and begin to trade separately, the Series S Preferred Stock will automatically
partially convert into the Company's Common Stock and upon such partial
conversion, the conversion rate for the Series S Preferred Stock will be
proportionately reduced, and thereafter upon subsequent stockholder approval of
the Amendment, the Series S Preferred Stock automatically will convert in full
at the reduced conversion rate. If the Company's stockholders have not acted
upon the Amendment on or before March 23, 2010, the Contingent Warrants and the
depositary shares will separate and begin to trade separately (however the
Contingent Warrants will not become exercisable unless and until the
stockholders reject the Amendment), the Series S Preferred Stock will
automatically partially convert into Common Stock and upon such partial
conversion, the conversion rate for the Series S Preferred Stock will be
proportionately reduced, and thereafter upon subsequent stockholder approval of
the Amendment, the Series S Preferred Stock automatically will convert in full
at the reduced conversion rate.

EX-99

(1) The reported securities are included within 325,000 Bank of America
Corporation the "Company") Common Equivalent Securities the "Common Equivalent
Securities") purchased by the reporting person for $15.00 per Common Equivalent
Security. Each Common Equivalent Security consists of (i) one depositary share,
representing a 1/1,000th interest in a share of the Company's Common Equivalent
Junior Preferred Stock, Series S (the "Series S Preferred Stock"), each share of
which, upon the approval of the Company's stockholders of an amendment to the
Amended and Restated Certificate of Incorporation of the Company (the
"Amendment") to increase the number of authorized shares of the Company's common
stock (the "Common Stock"), will automatically convert in full into shares of
Common Stock, at a conversion rate of 1,000 shares of Common Stock for each
share of Series S Preferred Stock; and (ii) a contingent warrant (the
"Contingent Warrants") to purchase 0.0467 of a share of Common Stock at an
exercise price of $0.01 per share with cash being paid for fractional shares
that will become exercisable for a 30-day period if the Company's stockholders
reject the Amendment.