Neiman Marcus 2009 Annual Report Download - page 262

and (iii) in the case of a termination of this Agreement by Bank prior to the end of the Term, the period commencing on the receipt by
NMG of the notice of termination and ending on the date that is [***] following such date. In addition, in the event of any extension
of NMG's purchase option pursuant to Section 17.2(b), the Due Diligence Period shall also include the period commencing on the
commencement of such extension and ending on the date on which NMG makes its election with respect to its purchase of the
Program Assets or such extension expires, as the case may be.
"Effective Annual Servicing Fee Rate" has the meaning ascribed to it in the Servicing Agreement.
"Effective Date" means July 7, 2010.
"Event of Default" means the occurrence of any one of the events listed in Section 15.1 hereof.
"Existing Account Reserve Amount" means an amount equal to the lesser of (i) [***] and (ii) the Risk Change Shortfall.
"Existing Term Change" means any modification of any of the following terms of the Accounts from those in effect on the
Effective Date: (i) Standard APR, (ii) Method of Computing the Balance for Purchases, (iii) Minimum Interest Charge, (iv) Grace
Period for the Repayment of Purchases, (v) Returned Payment Fees, (vi) Grace Period for the Imposition of Late Fees, (vii) Minimum
Payment Amount and (viii) Late Payment or Late Fee (at cycle), each as set forth on Schedule 4.7; it being understood for the
avoidance of doubt that any change other than those expressly described above shall be considered implementation of a New Account
Term.
"Expanded Acceptance Revenue Shortfall" has the meaning set forth in Section 2.2(d)(iii).
"External Trigger Condition" means a condition whereby both of the following conditions referred to in clause (i) and
(ii) shall be in existence: (i) an External Trigger RAM Condition and (ii) any one or more of an Unemployment Forecast Condition,
an ABA Delinquency Forecast Condition or a Housing Price Forecast Condition.
"External Trigger RAM Condition" means the period commencing on the first date on which the Rolling 3-Month Post MP
RAM was less than [***] for the two most recently completed calendar months and ending on the first date thereafter on which the
Rolling 3-Month Post MP RAM was equal to or greater than [***] for the two most recently completed calendar months.
"Federal Funds Rate" means the offered rate as reported in The Wall Street Journal in the "Money Rates" section for reserves
traded among commercial banks for overnight use in amounts of one million dollars or more or, if no such rate is published for a day,
the rate published for the preceding Business Day, calculated on a daily basis based on a 365 day year.
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