Neiman Marcus 2008 Annual Report Download - page 173

ARTICLE 5. Remedies.
Section 5.11. Events of Default. "Event of Default", wherever used herein, means with respect to any series of Securities
any one of the following events (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be
effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any
administrative or governmental body), unless such event is either inapplicable to a particular series or it is specifically deleted or
modified in or pursuant to the supplemental indenture or Board Resolution creating such series of Securities or in the form of Security
for such series:
(1) default in the payment of any interest upon any Security of that series when it becomes due and payable,
and continuance of such default for a period of 30 days; or
(2) default in the payment of the principal of (or premium, if any, on) any Security of that series at its
Maturity; or
(3) default in the payment of any sinking or purchase fund or analogous obligation when the same becomes
due by the terms of the Securities of such series; or
(4) default in the performance, or breach, of any covenant, warranty or agreement of the Company in this
Indenture in respect of the Securities of such series (other than a covenant, warranty or agreement in respect of the Securities
of such series a default in the performance of which or the breach of which is elsewhere in this Section specifically dealt
with), all of such covenants, warranties and agreements in the Indenture which are not expressly stated to be for the benefit of
a particular series of Securities being deemed in respect of the Securities of all series for this purpose, and continuance of
such default or breach for a period of 90 days after receipt by the Company from the Trustee or by the Company and the
Trustee from the Holders of at least 25% in principal amount of the Outstanding Securities of such series, a written notice, by
registered or certified mail, specifying such default or breach and requiring it to be remedied and stating that such notice is a
"Notice of Default" hereunder; or
(5) a default under any bond, debenture, note or other evidence of indebtedness for money borrowed by the
Company or any Restricted Subsidiary (other than the Securities), or under any mortgage, indenture or instrument under
which there may be secured or evidenced any indebtedness for money borrowed by the Company or any Restricted
Subsidiary (other than the Securities), whether such indebtedness now exists or shall hereafter be created, which default shall
have resulted in indebtedness in excess of $15,000,000 becoming due and payable prior to the date on which it would
otherwise have become due and payable, without such indebtedness having been discharged or such acceleration having been
rescinded, annulled or stayed within 30 days after the date on which written notice thereof is given to the Company by the
Trustee or to the Company and the Trustee by Holders of at least 25% in principal amount of the Securities then outstanding
hereunder; or
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