Neiman Marcus 2008 Annual Report Download - page 360

represented (on a contribution basis) less than 5% of EBITDA for the period to which such financial statements relate;
(d) concurrently with any delivery of financial statements under clause (a) above, a certificate of the accounting firm
that reported on such financial statements stating whether they obtained knowledge during the course of their examination of
such financial statements of any Default or Event of Default (which certificate may be limited to the extent required by
accounting rules or guidelines);
(e) concurrently with any delivery of consolidated financial statements under clause (a) or (b) above, the related
unaudited consolidating financial statements reflecting the adjustments necessary to eliminate the accounts of Unrestricted
Subsidiaries (if any) from such consolidated financial statements;
(f) within ninety (90) days after the beginning of each fiscal year, a detailed consolidated budget of the Borrower
and its Subsidiaries for such fiscal year (including a projected consolidated balance sheet and the related consolidated
statements of projected cash flows and projected income as of the end of and for such fiscal year), including a summary of
the underlying material assumptions with respect thereto (collectively, the "Budget"), and, as soon as available, significant
revisions, if any, of such Budget, which Budget or revisions thereto shall in each case be accompanied by the statement of a
Financial Officer of the Borrower to the effect that, to the best of his knowledge, the Budget is a reasonable estimate for the
period covered thereby;
(g) as soon as practicable upon the reasonable request of the Agent, deliver an updated Perfection Certificate (or, to
the extent such request relates to specified information contained in the Perfection Certificate, such information) reflecting all
changes since the date of the information most recently received pursuant to this clause (g) or Section 5.11;
(h) promptly after the same become publicly available, copies of all periodic and other reports, proxy statements and
other materials publicly filed by the Borrower or any Subsidiary with the SEC, or with any national securities exchange, or,
after an initial public offering of shares of Capital Stock of the Borrower, distributed by the Borrower to its shareholders
generally, as the case may be;
(i) promptly, a copy of any final "management letter" received from the Borrower's independent public accountants
to the extent such independent public accountants have consented to the delivery of such management letter to the Agent
upon the request of the Borrower;
(j) promptly following the Agent's request therefor, all documentation and other information that the Agent
reasonably requests on its behalf or on behalf of any Lender in order to comply with its ongoing obligations under applicable
"know your customer" and anti-money laundering rules and regulations, including the USA PATRIOT Act; and
(k) as promptly as reasonably practicable from time to time following the Agent's request therefor, such other
information regarding the operations, business affairs and financial condition of Holdings, the Borrower or any Subsidiary, or
compliance with the terms of any Loan Document, as the Agent may reasonably request (on behalf of itself or any Lender).
Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 5.01 may be satisfied with
respect to financial information of the Borrower and its Subsidiaries by furnishing
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