AMENDED AND RESTATED TRUST AGREEMENT by and between MORGAN STANLEY and STATE STREET BANK AND TRUST COMPANY As of April 21, 2009Trust Agreement • August 7th, 2009 • Morgan Stanley • Security brokers, dealers & flotation companies • Massachusetts
This AMENDED AND RESTATED TRUST AGREEMENT (this “Agreement”), made as of the 21st day of April, 2009, by and between MORGAN STANLEY, a Delaware corporation (the “Company”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (in its individual capacity, “State Street” and, as trustee under this Agreement, the “Trustee”), hereby amends and restates the Amended and Restated Trust Agreement dated as of November 30, 2000, as amended by Amendment No. 1 thereto dated as of January 1, 2002, Amendment No. 2 thereto dated as of January 1, 2003, Amendment No. 3 thereto dated as of September 15, 2003, Amendment No. 4 thereto dated as of March 21, 2006, and Amendment No. 5 thereto dated as of June 25, 2007 between the Company and State Street.
