Neiman Marcus 2003 Annual Report Download - page 148

Section 7.13. Reports by Trustee.
(a) The term "reporting date" as used in this Section means April 1. Within 60 days after the reporting date in
each year, beginning in 1999, the Trustee shall transmit by mail to all Securityholders, as their names and addresses appear in
the Security Register, a brief report dated as of such reporting date with respect to any of the following events which may
have occurred during the twelve months preceding the date of such report (but if no such event has occurred within such
period, no report need be transmitted):
(1) any change to its eligibility under Section 609 and its qualifications under Section 608;
(2) the creation of or any material change to a relationship specified in Section 310(b)(1) through Section
310(b)(10) of the Trust Indenture Act;
(3) the character and amount of any advances (and if the Trustee elects so to state, the circumstances
surrounding the making thereof) made by the Trustee (as such) which remain unpaid on the date of such report, and for the
reimbursement of which it claims or may claim a lien or charge, prior to that of Securities of any series, on any property or
funds held or collected by it as Trustee, except that the Trustee shall not be required (but may elect) to report such advances if
such advances so remaining unpaid aggregate not more than 1/2 of 1% of the principal amount of the Securities of such series
outstanding on the date of such report;
(4) any change to the amount, interest rate and maturity date of all other indebtedness owing by the Company
(or by any other obligor on the Securities) to the Trustee in its individual capacity, on the date of such report, with a brief
description of any property held as collateral security therefor, except an indebtedness based upon a creditor relationship
arising in any manner described in Section 613(b)(2), (3), (4), or (6);
(5) any change to the property and funds, if any, physically in the possession of the Trustee as such on the date
of such report;
(6) any additional issue of Securities which the Trustee has not previously reported; and
(7) any action taken by the Trustee in the performance of its duties hereunder which it has not previously
reported and which in its opinion materially affects the Securities, except action in respect of a default, notice of which has
been or is to be withheld by the Trustee in accordance with Section 602.
(b) The Trustee shall transmit by mail to all Securityholders, as their names and addresses appear in the
Security Register, a brief report with respect to the character and amount of any advances (and if the Trustee elects so to
state, the circumstances surrounding the making thereof) made by the Trustee (as such) since the date of the last report
transmitted pursuant to Subsection (a) of this Section (or if no such report has yet been so transmitted, since the date of
execution of this instrument) for the reimbursement of which it claims or may claim a lien or charge, prior to that of the
Securities of any series, on property or funds held or collected by it as Trustee, and which it has not previously reported
pursuant to this Subsection, except that the Trustee shall not be required (but may elect) to report such advances if such
advances remaining unpaid at any time aggregate 10% or less of the principal amount of the Securities outstanding of such
series at such time, such report to be transmitted within 90 days after such time.
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