Neiman Marcus 2009 Annual Report Download - page 170

"Environmental Laws" shall mean all applicable Laws relating to the protection of (i) indoor or ambient air, soil, surface
water or groundwater, or natural resources, (ii) human health and safety as affected by exposure to Materials of
Environmental Concern or (iii) the use and occupancy of structures or buildings with respect to the presence or management
of Materials of Environmental Concern.
"Environmental Permits" shall mean all permits, licenses, registrations, and other authorizations required under applicable
Environmental Laws.
"Materials of Environmental Concern" shall mean any material, substance or waste defined and regulated as hazardous, toxic,
pollutant, contaminant or words of similar meaning under Environmental Laws, petroleum, petroleum byproducts or waste
products, asbestos, PCBs, mold of the type and in concentrations that would reasonably be likely to affect human health or
occupation or use of any owned or leased real property, or formaldehyde.
SECTION 3.21 Contracts.
(a) As of the date hereof, except for this Agreement, none of the Company or any of its subsidiaries is a party to or bound by
any Contract:
(i) that would be required to be filed by the Company as a "material contract" pursuant to Item 601(b)(10) of Regulation S-K
under the Securities Act;
(ii) containing covenants binding upon the Company or any of its subsidiaries that materially restrict the ability of the Company
or any of its subsidiaries (or which, following the consummation of the Merger, could materially restrict the ability of the
Surviving Corporation) to compete in any business or with any person or in any geographic area that could reasonably be
expected to be material to the Company and its subsidiaries, taken as a whole, except for Real Property Leases and any such
Contract that may be canceled without any penalty or other liability to the Company or any of its subsidiaries upon notice of
60 days or less;
(iii) with respect to a joint venture, partnership, limited liability or other similar agreement or arrangement (excluding information
technology Contracts) relating to the formation, creation, operation, management or control of any partnership or joint venture
that is material to the business of the Company and the subsidiaries, taken as a whole;
(iv) other than among wholly-owned subsidiaries of the Company, relating to (A) indebtedness for borrowed money and having
an outstanding principal amount in excess of $10,000,000 or (B) conditional sale arrangements or interest rate or currency
hedging activities, in each case in connection with which the aggregate actual or contingent obligations of the Company and
its subsidiaries under such Contract are greater than $10,000,000;