Common use of Performance Under Purchase Contracts Clause in Contracts

Performance Under Purchase Contracts. The Corporation covenants and agrees for the benefit of the Holders of the Capital Units that it will duly and punctually perform its obligations under the Purchase Contracts in accordance with the terms of the Purchase Contracts and this Agreement. Section 902. Maintenance of Office or Agency. MS plc and the Corporation will maintain in the Borough of Manhattan, The City of New York, an office or agency where Capital Unit Certificates may be presented or surrendered for payment or acquisition of Depositary Shares, where Capital Unit Certificates may be surrendered for registration of transfer or exchange and where notices and demands to or upon MS plc and the Corporation in respect of the Capital Units and this Agreement may be served; provided, however, that with respect to Book-Entry Capital Units, MS plc or the Corporation will maintain in the place of payment of the Global Debenture constituting a part of such Book-Entry Capital Units an office or agency where such Global Debenture may be presented or surrendered for payment, in accordance with the provisions of the Indenture. MS plc and the Corporation hereby initially appoint the Agent its office or agency in the Borough of Manhattan, The City of New York for each of said purposes. MS plc and the Corporation will give prompt written notice to the Agent of the location, and any change in the location, of such office or agency. If at any time MS plc or the Corporation shall fail to maintain any such required office or agency or shall fail to furnish the Agent with the name and address thereof, such presentations, surrenders, notices and demands may be made or served at the Corporate Trust Office of the Agent, and MS plc and the Corporation hereby appoint the Agent as its agent to receive all such presentations, surrenders, notices and demands. MS plc and the Corporation may also from time to time designate one or more other offices or agencies where Debentures, Purchase Contracts and Capital Unit Certificates may be presented or surrendered for any or all such purposes and may from time to time rescind such designations; provided, however, that no such designation or rescission shall in any manner relieve MS plc or the Corporation of their respective obligations to maintain an office or agency in the Borough of Manhattan, The City of New York, for such purposes. MS plc and the Corporation will give prompt written notice to the Agent of any such designation or rescission and of any change in the location of any such other office or agency. MS plc and the Corporation hereby designate as the place of payment for the Debentures, Purchase Contracts and Capital Unit Certificates the Corporate Trust Office of the Agent and appoint the Agent at its Corporate Trust Office as paying agent in such city.

Performance Under Purchase Contracts. The Corporation Company covenants and agrees for the benefit of the Holders from time to time of the Capital Units that it will duly and punctually perform its obligations under the Purchase Contracts in accordance with the terms of the Purchase Contracts and this Agreement. Section 9021002. Maintenance of Office or Agency. MS plc and the Corporation The Company will maintain in the Borough of Manhattan, The City of New York, York an office or agency where Capital Unit Certificates may be presented or surrendered for payment or acquisition of Depositary SharesShares upon settlement and for transfer of Pledged Securities upon occurrence of a Termination Event, where Capital Unit Certificates may be surrendered for registration of transfer or exchange exchange, and where notices and demands to or upon MS plc and the Corporation Company in respect of the Capital Units and this Agreement may be served; provided, however, that with respect to Book-Entry Capital Units, MS plc or the Corporation will maintain in the place of payment of the Global Debenture constituting a part of such Book-Entry Capital Units an office or agency where such Global Debenture may be presented or surrendered for payment, in accordance with the provisions of the Indenture. MS plc and the Corporation hereby initially appoint the Agent its office or agency in the Borough of Manhattan, The City of New York for each of said purposes. MS plc and the Corporation Company will give prompt written notice to the Purchase Contract Agent of the location, and any change in the location, of such office or agency. If at any time MS plc or the Corporation Company shall fail to maintain any such required office or agency or shall fail to furnish the Purchase Contract Agent with the name and address thereof, such presentations, surrenders, notices and demands may be made or served at the Corporate Trust Office of the AgentOffice, and MS plc and the Corporation Company hereby appoint appoints the Purchase Contract Agent as its agent to receive all such presentations, surrenders, notices and demands. MS plc and the Corporation The Company may also from time to time designate one or more other offices or agencies where Debentures, Purchase Contracts and Capital Unit Certificates may be presented or surrendered for any or all such purposes and may from time to time rescind such designations; provided, however, that no such designation or rescission shall in any manner relieve MS plc or the Corporation Company of their respective obligations its obligation to maintain an office or agency in the Borough of Manhattan, The City of New York, York for such purposes. MS plc and the Corporation The Company will give prompt written notice to the Purchase Contract Agent of any such designation or rescission and of any change in the location of any such other office or agency. MS plc and the Corporation The Company hereby designate designates as the place of payment for the Debentures, Purchase Contracts and Capital Unit Certificates Units the Corporate Trust Office of and appoints the Agent and appoint the Purchase Contract Agent at its Corporate Trust Office as paying agent in such city.