Neiman Marcus 2009 Annual Report Download - page 265

the Term, the period commencing on the first date on which the forecast for any month in the first [***] forecast in the Housing Price
Forecast published for the most recently completed month is less than the greater of (x) the amount that is [***] less than the forecast
for the corresponding month in the Housing Price Forecast published for March 2012 and (y) [***] and ending on the first date
thereafter when the forecast for each of the months in the [***] period reported in the Housing Price Forecast for the most recent
month is equal to or greater than the greater of (A) [***] and (B) the amount that is [***] less than the forecast for the corresponding
month in the Housing Price Forecast published for March 2012 (as set forth in Schedule 1.1(e)).
"Imputed Income Model" means a model designed to estimate income of a Person in accordance with Applicable Law based
on certain attributes available to Bank or NMG without contacting such Person, such as demographic qualities and/or information in a
consumer's credit report.
"Incremental Annual Servicing Fee Rate" means, at any time, the excess, if any, by which the Annual Servicing Fee Rate
calculated in accordance with Section 4.04 of the Servicing Agreement exceeds [***].
"Incremental Servicing Expenses" means, with respect to any measurement period, the Annualized percentage equivalent of a
fraction equal to (A) (i) the Incremental Annual Servicing Fee Rate for such period, multiplied by (ii) the Active Accounts for such
period, divided by (B) the Average Daily Gross Receivables of all Accounts for such period.
"Indemnified Party" has the meaning set forth in Section 18.3 hereof.
"Indemnifying Party" has the meaning set forth in Section 18.3 hereof.
"Initial Term" has the meaning set forth in Section 16.1 hereof.
"Inserts" has the meaning set forth in Section 5.3(a) hereof.
"In-Store Payment" means any payment on an Account made in a retail store owned or operated by NMG or any of its
Subsidiaries by a Cardholder or a person acting on behalf of a Cardholder.
"Intellectual Property" means, on a worldwide basis, all intellectual property, including (i) rights associated with works of
authorship, including copyrights, moral rights and mask-works; (ii) trademarks, service marks and other source indicators and the
goodwill associated therewith; (iii) trade secret rights; (iv) patents, designs, algorithms and other industrial property rights; (v) other
intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract,
license or otherwise; and (vi) applications, registrations, renewals, extensions, continuations, divisions or reissues thereof now or
hereafter in force (including any rights in any of the foregoing).
"Interest Free Receivables" means Gross Receivables incurred pursuant to active credit plans that do not bear interest or
pursuant to Accounts of Cardholders as to which Interest has been permanently waived (other than Gross Receivables incurred
pursuant to CCCS Accounts or
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