Neiman Marcus 2009 Annual Report Download - page 256

"Bank" has the meaning set forth in the preamble hereof.
"Bank Companies" means, collectively, Bank and Primary Servicer.
"Bank Event of Default" means the occurrence of any one of the events listed in Section 15.2 hereof or an Event of Default
where a Bank Company is the defaulting Party.
"Bank Guaranty" means the Guaranty by Bank Parent of Bank's and Primary Servicer's obligations under this Agreement and
the Servicing Agreement.
"Bank Licensed Marks" means the trademarks, tradenames, service marks, logos and other proprietary designations of Bank
and/or Bank Parent listed on Schedule 1.1(b) and licensed to the NMG Companies under Section 10.2 hereof.
"Bank Matters" has the meaning set forth in Section 3.2(g) hereof.
"Bank Parent" means HSBC Finance Corporation, a Delaware corporation.
"Bank Systems" means Systems owned, leased or licensed by and operated by or on behalf of Bank or any of its Affiliates.
"Bankruptcy Code" means Title 11 of the United States Code, as amended, or any other applicable state or federal
bankruptcy, insolvency, moratorium or other similar law and all laws relating thereto.
"Bank's Expanded Revenue Shortfall Notice" has the meaning set forth in Section 2.2(d)(iii) hereof.
"Benchmark Population" means all Persons who submitted an Application at a retail establishment, although excluding
Internet and catalog channels, owned or operated by the NMG Companies or their Affiliates (including at a Licensee department
therein) during the period from [***] through [***], provided, however, that for purposes of reporting on and evaluating any proposed
modification to the Risk Management Policies for which the information required pursuant to Section 4.6(c) must be submitted prior
to [***], the Benchmark Population means all such Persons who submitted such an Application through the end of the month ended
prior to the Risk Information Date.
"BG" has the meaning set forth in the preamble hereof.
"Billed Cardholder Debt" means (i) all amounts charged and owing to Bank by Cardholders that were billed with respect to
the Private Label Accounts and Non-Card Payment Plans (including principal balances from outstanding charges, charges for
Approved Ancillary Products, interest, NSF fees, late charges, pay-by-phone fees and any other fees and charges), less (ii) the amount
of any credit balances owing by Bank to such Cardholders, including in respect of any payments and any credits associated with
returns of NMG Goods and Services and other credits and adjustments, in each case, that were reflected in the Billing Statement with
respect to the Account.
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