8-K/AExhibits & Filings

BANK OF AMERICA CORP /DE/ 8-K/A Report, Exhibit Filing (Mar 3, 2009)

Filed March 3, 2009For Securities:BACBAC-PBBAC-PKBAC-PLBAC-PMBAC-PNBAC-PSBML-PJBAC-PEBAC-PPBAC-PQBACRPBML-PGBML-PHBML-PLBAC-POMER-PK

Summary

This 8-K filing from Bank of America Corporation (BAC) primarily serves as an amendment to previous filings, with a significant focus on providing financial information related to the acquisition of Merrill Lynch. Investors should note that the core content being highlighted is the "Unaudited Pro Forma Condensed Combined Financial Statements" for the year ended December 31, 2008, which are included as Exhibit 99.7. These statements are crucial as they present a hypothetical financial picture of Bank of America and Merrill Lynch as if the merger had occurred at an earlier point in time, allowing for a more comprehensive understanding of the combined entity's financial position and performance. The filing also incorporates by reference a substantial amount of previously filed financial statements for Merrill Lynch, including audited statements for the years ending December 28, 2007, and December 29, 2006, as well as unaudited statements for periods in 2008. This comprehensive approach aims to provide stakeholders with the necessary data to assess the implications of the significant Merrill Lynch acquisition on Bank of America's overall financial standing, especially in the context of the prevailing economic conditions of late 2008 and early 2009.

Key Highlights

  • 1Filing is an amendment primarily focused on financial statements related to the Merrill Lynch acquisition.
  • 2Includes Unaudited Pro Forma Condensed Combined Financial Statements as of and for the year ended December 31, 2008 (Exhibit 99.7).
  • 3These pro forma statements present a hypothetical view of the combined Bank of America and Merrill Lynch.
  • 4Incorporates by reference previously filed audited and unaudited financial statements of Merrill Lynch.
  • 5The filing provides context for the significant integration of Merrill Lynch into Bank of America.
  • 6Includes cautionary statements regarding forward-looking statements and the inherent uncertainties of the integration process.

Frequently Asked Questions

The primary purpose of this 8-K filing is to provide updated and pro forma financial information related to Bank of America's acquisition of Merrill Lynch, specifically including unaudited pro forma condensed combined financial statements for the year ended December 31, 2008.

These statements present the financial position and results of operations of Bank of America and Merrill Lynch as if the merger had been completed at a specific prior date. They are designed to give investors a clearer picture of the combined entity's financial performance and condition, excluding the effects of the actual merger transaction date.

This filing is occurring after the effective date of the Merrill Lynch merger. The pro forma statements are provided to give investors a more comprehensive view of the combined entity's financial standing as of the end of the previous fiscal year (2008), allowing for a better assessment of the impact of the acquisition on Bank of America's overall financial health.

The filing highlights several risks, including the potential for the integration to take longer or be more costly than anticipated, the risk of adverse results on existing businesses, the possibility of losing key employees, challenges in realizing anticipated cost savings and synergies, and potential attrition in key client and partner relationships.