Neiman Marcus 2007 Annual Report Download - page 193

ARTICLE VII
DISTRIBUTIONS
Section 7-1 Distributions. A Participant shall receive a distribution of the vested amount credited to his or her Defined
Contribution Account under the Plan at the time or times and in the form or forms selected by the Participant in the Enrollment
Agreement, as provided in ARTICLE IV, or pursuant to one or more Amended Enrollment Agreements, as provided in Section 7-6
below; provided, however, that if the distribution of an amount credited to the Participant's Defined Contribution Account is to
commence upon his or her Separation From Service and such Participant is a Specified Employee at the time of his or her Separation
From Service, the provisions of Section 7-2 below shall apply to such distribution. A distribution paid pursuant to this Section 7-1
shall commence to be paid by the Company to the Participant as soon as administratively practicable on or following the time
designated by the Participant, but no later than sixty (60) days following such designated time, and shall be paid to the Participant
entirely in cash.
Section 7-2 Distributions on Separation From Service for Participants Who Are Deemed Specified Employees. Any
Participant who is deemed a Specified Employee at the time of his or her Separation From Service and designated, or was deemed to
have designated, as his or her distribution commencement date his or her Separation From Service as the time for distribution of the
vested amounts credited to his or her Defined Contribution Account under the Plan shall commence to receive such distribution(s)
under the Plan as soon as administratively practicable after the first day of the seventh month following the Participant's Separation
Date, but no later than sixty (60) days following such date. If a distribution is delayed because of the immediately preceding sentence,
the first distribution will be equal to the installment that the Participant would have received during the first six (6) months following
the Participant's Separation From Service, plus earnings or losses, and the remaining installments shall be paid as if the installments
commenced on the Participant's Separation Date. A distribution paid pursuant to this Section 7-2 shall be paid entirely in cash.
Section 7-3 Death of Participant. If a Participant dies prior to commencement of his or her benefit under the Plan, the
Participant's Beneficiary shall receive a lump sum cash distribution of the entire vested amount credited to the Participant's Defined
Contribution Account as soon as administratively practicable following the date of discovery of, or notification regarding, the
Participant's death, but no later than sixty (60) days following the discovery of, or notification regarding the Participant's death. If a
Participant dies after commencement of his or her benefit under the Plan, the Participant's Beneficiary shall receive a lump sum cash
distribution of the remaining installments payable to the Participant under the Plan as soon as administratively practicable following
the date of the Participant's death, but not later than sixty (60) days following the discovery of, or notification regarding the
Participant's death.
Section 7-4 Disability of Participant. If a Participant becomes Disabled prior to commencement of his or her benefit
under the Plan, the Participant shall receive a lump sum cash distribution of the entire vested amount credited to his Defined
Contribution Account as soon as administratively practicable following the date the Committee determines that such Participant is
Disabled, but no later than sixty (60) days following such determination. If a Participant becomes Disabled after commencement of his
or her benefit under the Plan, the Participant shall receive a lump sum cash distribution of the remaining installments payable to the
Participant under the Plan as soon as administratively practicable following the date the Committee determines that such Participant is
Disabled, but no later than sixty (60) days following such determination. Notwithstanding anything herein to the contrary, if the
Participant, in the sole judgment of the Committee, is considered by reason of physical or mental condition to be unable to give a valid
receipt therefore, the Committee may direct payment in accordance with Section 10-15 below.