Neiman Marcus 2009 Annual Report Download - page 253

ABA Delinquency Forecast published for March 2010 (as set forth in Schedule 1.1(a)) and ending on the first date thereafter when the
forecast for each of the first [***] reported in the ABA Delinquency Forecast published for the most recent month is less than [***]
greater than the forecast for the corresponding month in the ABA Delinquency Forecast published for March 2010 (as set forth in
Schedule 1.1(a)).
(ii) with respect to each month during the period from March 2012 through the end of the Term, the period commencing on
the first date on which the forecast for any month in the first [***] forecast in the ABA Delinquency Forecast published for the most
recently completed month is in excess of [***] and ending on the first date thereafter when the forecast for each of the first [***]
forecast in the ABA Delinquency Forecast published for the most recent month is less than or equal to [***].
"Account" means any Private Label Account or Non-Card Payment Plan account under which a purchase transaction may be
or has been made by or to a Person (or any Person authorized by such Person) pursuant to a Cardholder Agreement established
pursuant to the terms of this Agreement.
"Account Documentation" means, with respect to an Account, any and all documentation relating to that Account, including
Cardholder Documentation, checks or other forms of payment with respect to an Account, notices to Cardholders, adverse action
notices, change of terms notices, other notices, correspondence, memoranda, documents, stubs, instruments, certificates, agreements,
magnetic tapes, disks, hard copy formats or other computer-readable data transmissions, any microfilm, electronic or other copy of
any of the foregoing, and any other written, electronic or other records or materials of whatever form or nature, including tangible and
intangible information, arising from or relating or pertaining to any of the foregoing to the extent related to the Program; provided that
Account Documentation shall not include NMG's or any of its Affiliates' register tapes, invoices, sales or shipping slips, delivery or
other receipts or other indicia of the sale of NMG Goods and Services, any reports, analyses or other documentation prepared by any
of the NMG Companies or their Affiliates for use in the retail business operated by the NMG Companies and their Affiliates
regardless of whether derived in whole or in part from the Account Documentation or any other document not directly related to the
Credit Card Business.
"Account Terms Negotiation Period" has the meaning set forth in Section 4.7(c)(v).
"Accountants" has the meaning set forth in Section 12.3 hereof.
"Active Account" means for any period, an Account with a non-zero account balance or other financial activity during such
period.
"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.
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