Neiman Marcus 2009 Annual Report Download - page 199

Facsimile: 212-225-3999
(b) if to the Company:
The Neiman Marcus Group, Inc.
One Marcus Square
1618 Main Street
Dallas, TX 75201
Attention: General Counsel
Facsimile: 214-743-7611
with an additional copy (which shall not constitute notice) to:
Simpson Thacher & Bartlett LLP
425 Lexington Avenue
New York, NY 10017
Attention: John G. Finley, Esq.
Facsimile: 212-455-2502
SECTION 9.3 Certain Definitions. For purposes of this Agreement, the term:
(a) "affiliate:" of a person means a person that directly or indirectly, through one or more intermediaries, controls, is
controlled by, or is under common control with, the first mentioned person;
(b) "beneficial owner" with respect to any Shares has the meaning ascribed to such term under Rule 13d-3 of the Exchange
Act and includes any person who shall be deemed to be the beneficial owner of such Shares (i) which such person or any
of its affiliates or associates (as such term is defined in Rule 12b-2 under the Exchange Act) beneficially owns, directly or
indirectly, (ii) which such person or any of its affiliates or associates (as such term is defined in Rule 12b-2 of the
Exchange Act) has, directly or indirectly, (A) the right to acquire (whether such right is exercisable immediately or subject
only to the passage of time), pursuant to any agreement, arrangement or understanding or upon the exercise of
consideration rights, exchange rights, warrants, options or otherwise, or (B) the right to vote pursuant to any agreement,
arrangement or understanding or (iii) which are beneficially owned, directly or indirectly, by any other persons with
whom such person or any of its affiliates or associates has any agreement, arrangement or understanding for the purpose
of acquiring, holding, voting or disposing of any Shares (and the term "beneficially owned" shall have a corresponding
meaning);
(c) "business day" means any day on which the principal offices of the SEC in Washington, D.C. are open to accept filings or,
in the case of determining a date when any payment is due, any day on which banks are not required or authorized by