Neiman Marcus 2009 Annual Report Download - page 255

NMG pursuant to Section 16.2(i) or by Bank pursuant to Section 16.3(c) or (d), the [***] day prior to the end of the Account Terms
Negotiation Period or the negotiation period pursuant to Section 2.2(d), as the case may be; or (v) with respect to any other
termination, the date on which the notice of termination is delivered or received by NMG, as applicable;
"Application" means the credit application that must be completed and submitted in order to establish an Account (including
any such application submitted at the POS, by phone or via the Internet).
"Approval Rate" with respect to any segment or group of Applications submitted during any particular measurement period
pursuant to this Agreement, a percentage equivalent of a fraction the numerator of which is the number of Applications in such
segment that were approved during such measurement period and the denominator of which are all Applications of such segment or
group submitted by an Applicant during such measurement period; provided, however, that (i) any Application that would have been
declined solely due to a requirement imposed pursuant to a Change in Law enacted after the Effective Date (i.e., an Application that
would have been approved in absence of such Change in Law but was required to be declined pursuant to such Change in Law) shall
be considered approved (and included in the numerator) for purposes of calculating the foregoing fraction and (ii) any Application that
would have been approved solely due to a requirement imposed pursuant to a Change in Law enacted after the Effective Date (i.e., an
Application that would have been declined in absence of such Change in Law but was required to be approved pursuant to such
Change in Law) shall be considered disapproved (and excluded from the numerator) for purposes of calculating the foregoing fraction.
"Approved Ancillary Products" means any Credit Card enhancement and similar products approved by the Management
Committee for offering under the Program from time to time.
"Average Daily Gross Receivables" means, for any measurement period in respect of any segment of Accounts, the sum of
the Gross Receivables in respect of such segment of Accounts outstanding as of each day during such measurement period divided by
the number of days in such measurement period.
"Average Gross Receivables" means, for any measurement period in respect of any segment of Accounts, the average of the
Gross Receivables in respect of such Accounts on the last day of each calendar month, Fiscal Month or Program Month, as the case
may be, during such measurement period.
"Average Interest Bearing Receivables" means, for any Program Year, the average for each Program Month occurring in such
Program Year of the Program Month-end Billed Cardholder Debt bearing interest under any Private Label Accounts.
"Average Interest Free Receivables" means, for any Program Year, the average for each Program Month occurring in such
Program Year of the Program Month-end Billed Cardholder Debt as to which no interest will accrue in accordance with the terms of
credit plans in effect in connection with the Account under which such Billed Cardholder Debt was incurred.
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