Neiman Marcus 2009 Annual Report Download - page 258

email addresses (as available), telephone numbers or social security numbers of any or all Cardholders.
"Change in Law" means any of the events or circumstances specified in subsections (a) through (c) below, if such event
occurs after the Effective Date:
(a) the enactment or promulgation of (i) a new federal, state or local statute, law or regulation, or a modification to any such
statute, law or regulation, in each case binding on Bank or the NMG Companies, or (ii) any implementing regulations or
interpretations issued under any such statute, law or regulation referred to in clause (i) that are binding on Bank or the NMG
Companies;
(b) the issuance, enactment or promulgation of a written directive, guidance, order or interpretation with respect to a statute,
law or regulation by a Governmental Authority that has jurisdiction, authority or control over Bank or the NMG Companies, as the
case may be, which directive, guidance, order or interpretation is either (i) specifically directed at and binding upon Bank or the NMG
Companies; (ii) while not specifically directed at Bank or the NMG Companies, either (A) is directed at and binding upon all
institutions, including Bank or the NMG Companies, similarly situated as Bank or the NMG Companies (e.g. OCC directive to all
banks over which the OCC exercises authority) or (B) would, based upon a Legal Opinion delivered by Bank's counsel, be likely to
subject Bank to monetary liability or a disciplinary, enforcement or similar regulatory action by a Governmental Authority if Bank or
NMG were to fail to comply with such directive, guidance, order or interpretation; or
(c) a decision, order, decree, ruling or opinion of a United States federal or state court containing an interpretation of a
statute, law or regulation; but only to the extent that Bank is advised pursuant to a Legal Opinion of Bank's counsel that such decision,
order decree, ruling or opinion is binding on Bank's or the NMG Companies' business and operations, or that failure to adhere to such
decision, order, ruling or opinion is likely to subject Bank to monetary liability or a disciplinary, enforcement or similar regulatory
action by a Governmental Authority;
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