Neiman Marcus 2003 Annual Report Download - page 126

(6) the entry of an order for relief against the Company under the Federal Bankruptcy Act by a court having
jurisdiction in the premises or a decree or order by a court having jurisdiction in the premises adjudging the Company a
bankrupt or insolvent under any other applicable Federal or State law, or the entry of a decree or order approving as properly
filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Company under the
Federal Bankruptcy Code or any other applicable Federal or State law, or appointing a receiver, liquidator, assignee, trustee,
sequestrator (or other similar official) of the Company or of any substantial part of its property, or ordering the winding up or
liquidation of its affairs, and the continuance of any such decree or order unstayed and in effect for a period of 90 consecutive
days; or
(7) the consent by the Company to the institution of bankruptcy or insolvency proceedings against it, or the
filing by it of a petition or answer or consent seeking reorganization or relief under the Federal Bankruptcy Code or any other
applicable Federal or State law, or the consent by it to the filing of any such petition or to the appointment of a receiver,
liquidator, assignee, trustee, sequestrator (or other similar official) of the Company or of any substantial part of its property,
or the making by it of a general assignment for the benefit of creditors or the admission by it in writing of its inability to pay
its debts generally as they become due; or
(8) any other Event of Default provided in or pursuant to the supplemental indenture or Board Resolution
under which such series of Securities is issued or in the form of Security for such series.
Section 5.12. Acceleration of Maturity; Rescission and Annulment. If an Event of Default described in paragraph (1), (2),
(3), (4) or (8) (if the Event of Default under paragraph (4) or (8) is with respect to less than all series of Securities then outstanding) of
Section 501 occurs and is continuing with respect to any series, then and in each and every such case, unless the principal of all the
Securities of such series shall have already become due and payable, either the Trustee or the Holders of not less than 25% in
aggregate principal amount of the Securities of such series then Outstanding hereunder (each such series acting as a separate class), by
notice in writing to the Company (and to the Trustee if given by Holders), may declare the principal amount (or, if the Securities of
such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of that series)
of all the Securities of such series and all accrued interest thereon to be due and payable immediately, and upon any such declaration
the same shall become and shall be immediately due and payable, anything in this Indenture or in the Securities of such series
contained to the contrary notwithstanding. If an Event of Default described in paragraph (4) or (8) (if the Event of Default under
paragraph (4) or (8) is with respect to all series of Securities then Outstanding), (5), (6) or (7) of Section 501 occurs and is continuing,
then and in each and every such case, unless the principal of all the Securities shall have already become due and payable, either the
Trustee or the Holders of not less than 25% in aggregate principal amount of all the Securities then Outstanding hereunder (treated as
one class), by notice in writing to the Company (and to the Trustee if given by Holders), may declare the principal amount (or, if any
Securities are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms thereof) of all
the Securities then Outstanding and all accrued interest thereon to be due and payable immediately, and upon any such declaration the
same shall become and shall be immediately due and payable, anything in this Indenture or in the Securities contained to the contrary
notwithstanding.
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