MS Capital Units definition
MS Capital Units means capital units of MS that are issued and outstanding from time to time. At the close of business on January 20, 1997, (i) 158,324,534 shares of MS Common Stock were issued and outstanding; (ii) 5,306,259 shares of MS Common Stock were held by MS in its treasury; (iii) 8,169,679 shares of MS Authorized Preferred Stock were issued and outstanding, as follows: (1) 3,694,679 shares of MS ESOP Preferred Stock, (2) 1,725,000 shares of MS Series A Preferred Stock, (3) 1,000,000 shares of MS 7-3/4% Preferred Stock, (4) 750,000 shares of MS 8-3/4% Preferred Stock and (5) 1,000,000 shares of MS 7-3/8% Preferred Stock; (iv) 34,745,312 MS Capital Units were issued and outstanding, as follows: (1) 4,889,904 MS 7.82% Capital Units, (2) 9,200,000 MS 7.80% Capital Units, (3) 5,767,200 MS 9.00% Capital Units, (4) 7,974,208 MS 8.40% Capital Units, (5) 6,780,000 MS 8.20% Capital Units and (6) 134,000 MS 8.03% Capital Units (in each case, as defined in Section 3.01(c) of the MS Disclosure Schedule); (v) no shares of MS Preferred Stock or MS Capital Units were held by MS in its treasury, other than shares held for purposes of market making, proprietary trading or otherwise on behalf of customers; (vi) 78,711,412 shares of MS Common Stock were reserved for issuance pursuant to the MS 1986 Stock Option Plan, as amended, the MS 1988 Equity Incentive Plan, as amended (the "MS 1988 EICP"), the MS 1995 Equity Incentive Plan (the "MS 1995 EICP") and the MS 1993 Stock Plan for Outside Directors (such plans, collectively, the "MS Stock Plans"); (vii) 7,804,976 shares and 532,494 shares of MS Common Stock were reserved for issuance upon conversion of MS ESOP Preferred Stock and MS Subsidiary Convertible Preferred Stock (as defined in Section 3.01(c) of the MS Disclosure Schedule), respectively (collectively, "MS Convertible Securities"); and (viii) other than the MS Preferred Stock, no other shares of MS Authorized Preferred Stock have been designated or issued. Section 3.01(c) of the MS Disclosure Schedule sets forth a complete and correct list, as of January 20, 1997, of the number of shares of MS Common Stock subject to employee stock options or other rights to purchase or receive MS Common Stock granted under the MS Stock Plans (collectively, "MS Employee Stock Options") and the exercise prices thereof. All outstanding shares of capital stock of MS are, and all shares which may be issued will be, when issued, duly authorized, validly issued, fully paid and nonassessable and not...
Examples of MS Capital Units in a sentence
DWD agrees that, at the Effective Time, it will expressly assume the obligations of MS under the agreements relating to the MS Capital Units and certain other indentures, guarantees and other securities in accordance with the requirements of such agreements, indentures, guarantees and other securities.