Section 14 Information

Our lawsuit alleges that certain officers and directors of the Company failed to comply with the disclosure and other requirements under Section 14(a) of the Exchange Act of 1934 and Rule 14a-9(a) promulgated thereunder.

We believe and have alleged that the proxy statement issued by Bank of America dated October 31, 2008 was false and materially misleading as of at least December 5, 2008, in light of the true financial condition of Merrill Lynch. We believe that errors and/or omissions in the proxy statement did not provide an accurate picture of the financial health of Merrill Lynch, and believe that a reasonable shareholder would have considered the alleged concealed information to be material in deciding on how to vote on the merger of Merrill Lynch and Bank of America.

We are aware of approximately twelve (12) lawsuits that have been filed alleging similar errors and omissions in connection with proxy statement filed by Bank of America in connection with the merger of Bank of America and Merrill Lynch.