It Settlement Agreement («Agreement») was entered for the between your You, acting through the You Company off Fairness («Service of Justice»), and you can Morgan Stanley. «
An effective. Brand new Agency away from Justice conducted investigations of the packing, product sales, product sales, structuring, plan, and you may issuance regarding certain domestic home loan-backed securities («RMBS») from the Morgan Stanley between 2005 and you may 2007. Considering those people assessment, the us believes there is an evidentiary foundation to help you lose prospective court says by the Us against Morgan Stanley for abuses from government guidelines concerning this new packaging, purchases, sales, structuring, arrangement, and you will issuance of them RMBS.
B. Morgan Stanley understands the information establish on Statement of things established from inside the Annex 1, attached and you may hereby included.
C. The condition of Ny was getting into an agreement with Morgan Stanley to answer equivalent says the official features against Morgan Stanley getting citation away from county regulations concerning these RMBS.
An excellent. Contained in this fifteen (15) working days from receiving written percentage processing information regarding the Company out of Fairness, Morgan Stanley will afford the Settlement Amount because of the digital money import towards Department of Justice.
Shielded Conduct
B. Brand new totality of one’s Settlement Count was a civil financial penalty retrieved pursuant on creditors Change, Recovery, and loans in Glenwood you can Administration Operate («FIRREA»), a dozen U.S.C. 1833a.
Morgan Stanley shall spend an entire amount of several million, six-hundred billion bucks ($2,600,000,000) to answer pending and you will prospective legal claims due to the fact set forth here concerning the brand new design, pooling, structuring, arranging, development, packing, marketing, underwriting, profit, or issuance out-of RMBS from the Morgan Stanley («‘Settlement Count»)
2. . «» as used herein is defined as, prior to , the creation, pooling, structuring, arranging, formation, packaging, marketing, underwriting, sale, or issuance of the RMBS identified in Annex 2 by Morgan Stanley and its current or former subsidiaries and affiliates, including but not limited to Morgan Stanley & Co., Inc., Morgan Stanley Credit Corporation, Morgan Stanley Mortgage Capital Holding LLC, Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Saxon Asset Securities Company and Saxon Mortgage Services, inc. The includes representations, disclosures, or non-disclosures to RMBS investors made about or in connection with the activities set forth above, where the representation or non-disclosure involves information about or obtained during the process of originating, acquiring, securitizing, underwriting, or servicing residential mortgage loans included in the RMBS identified in Annex 2. The does not include: (i) conduct relating to the origination of residential mortgages, except representations or non-disclosures to investors in the RMBS listed in Annex 2 about origination of, or about information obtained in the course of originating, such loans; (ii) representations or non-disclosures made in connection with collateralized debt obligations, other derivative securities, or the secondary trading by Morgan Stanley of RMBS, except to the extent that the representations or non-disclosures are related to the offering materials for the underlying RMBS listed in Annex 2; and (iii) the servicing of residential mortgage loans, except representations or non-disclosures to investors in the RMBS listed in Annex 2 about servicing, or information obtained in the course of servicing, such loans.
3. Venture. Until the date upon which all investigations and any prosecution arising out of the arc concluded by the Department of Justice, whether or not they are concluded within the term of this Agreement, Morgan Stanley shall, subject to applicable laws or regulations: (a) cooperate fully with the Department of Justice (including the Federal Bureau of Investigation) and any other law enforcement agency designated by the Department of Justice regarding matters arising out of the ; (b) assist the Department of Justice in any investigation or prosecution arising out of the by providing logistical and technical support for any meeting, interview, deposition or other sworn testimony, grand jury proceeding, or any trial or other court proceeding; (e) use its best efforts to secure the attendance and truthful statements or testimony of any officer, director, agent, or employee of any of the entities released in Paragraph 4 at any meeting or interview, deposition or other sworn testimony, or before the grand jury or at any trial or other court proceeding regarding matters arising out of the : and (d) provide the Department of Justice, upon request, all non-privileged information, documents, records, or other tangible evidence regarding matters arising out of the about which the Department of Justice or any designated law enforcement agency inquires.