Neiman Marcus 2009 Annual Report Download - page 209

Payment Plan, which is recorded as an Account on the computer system of the Service Provider or the Sellers' internal
processing system, and for which an Account Agreement is in effect as of the Closing Date, including any such account that is a
Charged Off Account.
"Account Agreement" means an agreement (including related disclosure) between the Parent or BG and a Person or
Persons under which Accounts are established and Credit Cards or Non-Card Payment Plans are issued to or on behalf of such
Person or Persons, as such agreement may be amended, modified or otherwise changed from time to time (including pursuant to
change of terms notices).
"Accrued Interest" means the aggregate amount of all finance charges that were accrued and earned, but not posted, on the
Accounts as of the close of business on the Business Day immediately preceding the Cut-Off Time.
"Acquired Assets" means all right, title and interest of the Sellers in and to the following assets and properties:
(1) the Accounts and the Gross Receivables (other than Securitization Receivables) accrued as of the Cut-Off Time
related to the Accounts;
(2) the applications for Accounts pending and solicitations for Accounts outstanding;
(3) the Account Agreements, the Cardholder List and the Master File;
(4) the Securitization Assets and any New Securitization Assets that may exist at Closing;
(5) the Books and Records; and
(6) rights, claims, credits, causes of action or rights of set-off against third parties relating principally to the assets
referred to in (1) through (5) above.
"Affiliate" means, with respect to any Person, each Person that controls, is controlled by, or is under common control with,
such Person. For purposes of this definition, "control" of a Person means the possession, directly or indirectly, of the power to
direct or cause the direction of its management or policies, whether through the ownership of voting securities, by contract or
otherwise.
"Ancillary Agreements" means the Program Agreement, the Servicing Agreement, the Purchaser Parent Guarantee, the
Securitization Transfer Agreement and the Instrument of Assignment and Assumption.
"Applicable Order" means, with respect to any Person, a judgment, injunction, writ, decree or order of any Governmental
Authority, in each case legally binding on that Person or on any material amount of its property.
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