Neiman Marcus 2009 Annual Report Download - page 261

"CPI" means the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, as
published by the United States Department of Labor Bureau of Labor Statistics, or any successor organization.
"Credit Card" means a credit card pursuant to which the cardholder or authorized user may purchase goods and services,
obtain cash advances or convenience checks, and transfer balances through open-end revolving credit, commonly known as a credit or
charge card; provided that the term does not include: (i) any gift card; (ii) any debit card, stored value card, electronic or digital cash
card or any other card that does not provide the holder thereof with the ability to obtain credit other than through an overdraft line or
similar feature; or (iii) any card issued to the holder of a securities brokerage account that allows the holder to obtain credit through a
margin account.
"Credit Card Business" means the business relating to the ownership, administration and management of the Accounts and
Receivables (including the extension of credit to Cardholders, the processing of transactions under the Accounts and the servicing of
the Accounts) and includes all activities relating to the Program maintained pursuant to this Agreement.
"Current Receivables" means, as of any date, Gross Receivables less the portion of such Gross Receivables that are past due
beyond the payment due date thereof.
"Delinquency Condition" means any time commencing on the first date on which the Rolling 6 Month Delinquency Rate for
the most recently completed calendar month was greater than [***] and ending on the first date thereafter on which the Rolling 6
Month Delinquency Rate for the most recently completed calendar month was equal to or less than [***].
"Disclosing Party" has the meaning set forth in Section 13.1(d) hereof.
"Downgrade Event" means NMG's Corporate Family Rating by two of the three of the Rating Agencies shall be at or below
the rating designated as "Downgrade Trigger" below:
Rating Agency [***]
Standard & Poor's [***]
Fitch [***]
Moody's [***]
"Due Diligence Period" means (i) in connection with a termination of this Agreement by NMG pursuant to Section 16.2(f),
the period commencing on the Risk Information Date and ending on the date that is [***] following the Risk Information Date; (ii) in
the case of a termination by NMG pursuant to Section 16.2(i), the period commencing on the date on which NMG delivers its notice
of termination and ending on the date that is [***] thereafter; (iii) in the case of the expiration of this Agreement at the end of a Term
or any termination by NMG other than pursuant to Section 16.2(f) or (i), the period commencing on the date on which all of the
Program Asset Information has been delivered to NMG and the prospective Nominated Purchasers identified to Bank by NMG and
ending on the date that is [***] following such date;
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