Retained Securitization Products. MS shall transfer or shall have transferred the economic interest in all Retained Securitization Products out of MSJS prior to the Closing by either (i) having MS or an Affiliate of MS enter into a total return swap in a customary form with MSJS in respect of such Retained Securitization Product such that any gains or losses in the values of such Retained Securitization Products relative to their values on the date on which the total return swap was or is entered into is or will be for the account of MS, and/or (ii) by assigning the economic rights and benefits of such Retained Securitization Products to an Affiliate of MS or a Third Party by way of an assignment, sub-participation arrangement or otherwise.
Appears in 4 contracts
Samples: Integration and Investment Agreement, Integration and Investment Agreement (Morgan Stanley), Integration and Investment Agreement (Mitsubishi Ufj Financial Group Inc)
