MORGAN STANLEY CAPITAL TRUST VIII AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and the Administrators named hereinTrust Agreement • April 26th, 2007 • Morgan Stanley • Security brokers, dealers & flotation companies • Delaware
Amended and Restated Trust Agreement, dated as of April 26, 2007, among (i) Morgan Stanley, formerly known as Morgan Stanley Dean Witter & Co., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) two individuals selected by the holders of the Common Securities (as defined herein) to act as administrators with respect to the Issuer Trust (the “Administrators”) and (v) the several Holders, as hereinafter defined.
ContractMorgan Stanley • April 26th, 2007 • Security brokers, dealers & flotation companies
THIS OBLIGATION IS NOT A DEPOSIT AND IS NOT INSURED BY, OR OTHERWISE PROTECTED BY, ANY FEDERAL AGENCY OR THE SECURITIES INVESTOR PROTECTION CORPORATION. THIS OBLIGATION IS SUBORDINATED TO THE SENIOR INDEBTEDNESS OF THE ISSUER AS SET FORTH HEREIN AND IS NOT SECURED.
ContractReplacement Capital Covenant • April 26th, 2007 • Morgan Stanley • Security brokers, dealers & flotation companies
REPLACEMENT CAPITAL COVENANT, dated as of April 26, 2007 (this “Replacement Capital Covenant”), by Morgan Stanley, a Delaware corporation (the “Issuer”), in favor of, and for the benefit of, each Covered Debtholder (as defined below).
