0001193125-10-029585 Sample Contracts

FIRST AMENDMENT TO SEPARATION AND DISTRIBUTION AGREEMENT
Separation and Distribution Agreement • February 12th, 2010 • Discover Financial Services • Personal credit institutions

This First Amendment (this “First Amendment”) to that certain Separation and Distribution Agreement dated as of June 29, 2007 (the “Separation and Distribution Agreement”), by and between Morgan Stanley, a Delaware corporation (“Morgan Stanley”), and Discover Financial Services, a Delaware corporation (“Discover”), is entered into as of this 11th day of February, 2010. Capitalized terms used in this First Amendment, but not defined herein, shall have the meaning assigned to such terms in the Separation and Distribution Agreement.

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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Settlement Agreement • February 12th, 2010 • Discover Financial Services • Personal credit institutions • New York

This Settlement Agreement and Mutual Release (“Agreement”) is made as of February 11, 2010, by, between and among Plaintiff Morgan Stanley, its affiliates, predecessors or successors in interest, and Defendant Discover Financial Services (“Discover”), its affiliates, predecessors or successors in interest. Morgan Stanley and Discover are collectively referred to herein as the “Parties” and each, individually, as a “Party.”

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