AND THE BANK OF NEW YORK MELLON, as Unit Agent, as Trustee and Paying Agent under the Indenture referred to herein, and as Warrant Agent under the Warrant Agreement referred to herein UNIT AGREEMENT (For Units Without Holders’ Obligations) Dated as of...Unit Agreement • September 2nd, 2008 • Morgan Stanley • Security brokers, dealers & flotation companies • New York
UNIT AGREEMENT, dated as of August 29, 2008, by and among MORGAN STANLEY, a Delaware corporation (the “Company”) and THE BANK OF NEW YORK MELLON, a New York banking corporation (“The Bank of New York Mellon”), acting solely as unit agent under this Agreement (in its capacity as unit agent, the “Agent”, except to the extent that this Agreement specifically states that the Agent is acting in another capacity), The Bank of New York Mellon (formerly known as The Bank of New York, as successor to JPMorgan Chase Bank, N.A. (formerly known as JPMorgan Chase Bank)), as trustee and paying agent under the Indenture described below (in its capacity as trustee under the Indenture, the “Trustee” and, in its capacity as paying agent under the Indenture, the “Paying Agent”), and The Bank of New York Mellon (formerly known as The Bank of New York, as successor to JPMorgan Chase Bank, N.A. (formerly known as JPMorgan Chase Bank)), as Warrant Agent under the Warrant Agreement described below (in its cap
