Common use of Contribution in Error Clause in Contracts

Contribution in Error. To the extent that, after the Closing, MUMSS, MSMS or either Party and/or any of its Affiliates discovers that an Asset or Liability was erroneously included as a Contributed Asset or Contributed Liability, as applicable: (i) MUMSS or MSMS, as applicable, shall transfer such Asset to the applicable transferor thereof in exchange for a payment by such transferor of an amount in cash equal to the reported value (if any) of such Asset on the applicable Final Closing Balance Sheet or (ii) MUMSS or MSMS, as applicable, shall, subject to Section 3.4(g), transfer such Liability to the applicable transferor thereof and shall make a payment to such transferor of an amount in cash equal to the reported value of such Liability on the applicable Final Closing Balance Sheet.

Appears in 3 contracts

Samples: Integration and Investment Agreement (Morgan Stanley), Integration and Investment Agreement (Mitsubishi Ufj Financial Group Inc), Integration and Investment Agreement (Mitsubishi Ufj Financial Group Inc)

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Contribution in Error. To the extent that, after the Closing, MUMSS, MSMS or either Party and/or any of its Affiliates discovers that an Asset or Liability was erroneously included as a Contributed Asset or Contributed Liability, as applicable: : (i) MUMSS or MSMS, as applicable, shall transfer such Asset to the applicable transferor thereof in exchange for a payment by such transferor of an amount in cash equal to the reported value (if any) of such Asset on the applicable Final Closing Balance Sheet or (ii) MUMSS or MSMS, as applicable, shall, subject to Section 3.4(g), transfer such Liability to the applicable transferor thereof and shall make a payment to such transferor of an amount in cash equal to the reported value of such Liability on the applicable Final Closing Balance Sheet.

Appears in 1 contract

Samples: Integration and Investment Agreement

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