SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2009 • Morgan Stanley • Security brokers, dealers & flotation companies • New York
This SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) by and between Morgan Stanley (the “Company”), and John J. Mack (the “Executive”) dated as of December 16, 2008 amends and restates the original employment agreement entered into by and between the Company and the Executive on June 30, 2005 and amended as of September 20, 2005, December 13, 2005 and February 13, 2006.
Dear Tom,Morgan Stanley • May 7th, 2009 • Security brokers, dealers & flotation companies
This letter confirms the understanding between you and Morgan Stanley (the “Company”) regarding certain amendments to be made to your offer letter with the Company dated July 21, 2005, as subsequently amended (the “Offer Letter”) to comply with Section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”). As we have discussed, Section 409A is a provision of the US tax code that restricts the timing of payments and benefits constituting nonqualified deferred compensation. Regulations issued under Section 409A require documentary compliance for all nonqualified deferred compensation arrangements by December 31, 2008.
Dear Gary,Morgan Stanley • May 7th, 2009 • Security brokers, dealers & flotation companies
This letter confirms the understanding between you and Morgan Stanley (the “Company”) regarding certain amendments to be made to your offer letter with the Company dated July 18, 2005, as subsequently amended (the “Offer Letter”) to comply with Section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”). As we have discussed, Section 409A is a provision of the US tax code that restricts the timing of payments and benefits constituting nonqualified deferred compensation. Regulations issued under Section 409A require documentary compliance for all nonqualified deferred compensation arrangements by December 31, 2008.
AIRCRAFT TIME SHARING AGREEMENTAircraft Time Sharing Agreement • May 7th, 2009 • Morgan Stanley • Security brokers, dealers & flotation companies • New York
This Agreement is made and entered into as of the 10th day of March 2009 by and between Morgan Stanley Management Services II, Inc., a corporation organized and existing under the laws of the State of Delaware (“MSMSII”), and John J. Mack (“User”).
