Neiman Marcus 2009 Annual Report Download - page 224

Cardholder, (ii) applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and other laws relating
to or affecting creditors' rights generally and the effect of general equitable principles, and (iii) the Servicemembers Relief
Act.
(3) From July 31, 2004 through the date of this Agreement, the Sellers have not effected any change in operating
policies and procedures of the Business relating to the origination or maintenance of, and collection policies with respect
to, the Accounts.
(4) the Sellers are in compliance with the applicable Account Agreements.
(5) All Account applications have been taken and evaluated and applicants notified in a manner that complied in all
material respects with all applicable Requirements of Law.
(6) All Accounts have been originated, maintained and serviced in all material respects in compliance with all
applicable Requirements of Law.
(7) All disclosures that were required under applicable Requirements of Law to be made in connection with the
Accounts have been made in compliance in all material respects with all such applicable Requirements of Law.
(k) Securitization. Except to the extent that any of the following would not reasonably be expected to have a Material
Adverse Effect on the Business or the Sellers:
(1) the Pooling and Servicing Agreement is not required to be qualified under the Trust Indenture Act of 1939, as
amended;
(2) the Master Trust is not required to be registered as an investment company under the Investment Company Act
of 1940, as amended;
(3) NFC is the sole owner of the Seller Interest under the Securitization Documents and the other certificates issued
pursuant thereto set forth in Schedule B;
(4) as of the date hereof, the listing of the Securitization Documents set forth in Schedule B is a true, accurate and
complete list of the Contracts to which any of the Sellers is a party relating to the Master Trusts and all such Contracts
have been made available to Purchaser;
(5) (A) from July 21, 2000 to the date hereof, no interests in the Master Trust have been issued, and as of the date
hereof the only outstanding series of investor certificates is the Series 2000-1 and (B) except for the Series 2000-1 and any
New Securitization Assets issued after the date hereof, no interests in the Master Trust will be outstanding at the time of
Closing; and
17