Neiman Marcus 2009 Annual Report Download - page 269

period and (B) [***] divided by the full number of days in such Program Month and multiplied by the number of days in such
Program Month occurring during such [***].
"New Account Policy" has the meaning set forth in Section 4.6(c)(v).
"New Account Terms" means any terms or conditions of an Account other than (i) those terms and conditions set forth in
Schedule 4.7 (as such schedule may be amended from time to time in accordance with Article III) and (ii) such other terms and
conditions as are in effect with respect to the Accounts on the Effective Date.
"New Bank Mark" has the meaning set forth in Section 10.2(b) hereof.
"New NMG Mark" has the meaning set forth in Section 10.1(b) hereof.
"New Portfolio" has the meaning set forth in Section 14.1 hereof.
"NMG" has the meaning set forth in the preamble hereof.
"NMG Channels" means (i) all retail establishments owned or operated by NMG or its Affiliates (including Licensee
departments therein), (ii) all websites owned or operated by NMG or its Affiliates or their Licensees, and (iii) all mail order, catalog
and other direct access media that are owned or operated by NMG or its Affiliates or their Licensees.
"NMG Charge Transaction Data" means the transaction information (in the form of electronic information) with regard to a
charge on an Account with respect to each purchase of NMG Goods and Services or Approved Ancillary Products by a Cardholder on
credit and each return of NMG Goods and Services or Approved Ancillary Products for credit.
"NMG Companies" has the meaning set forth in the preamble hereof.
"NMG Credit Card" means a Credit Card offered or maintained pursuant to this Agreement that bears an NMG Licensed
Mark and may be used solely to finance purchases of NMG Goods and Services through any NMG Channel, including the Credit
Cards listed in Section B of Schedule 1.1(g).
"NMG Credit Event" means the occurrence and continuance of any of the following: (i) the amount available for borrowing
by the NMG Companies and their subsidiaries under their asset based lending credit facility is equal to or less than [***], (ii) a
Downgrade Event or (iii) the NMG Companies shall have defaulted on the payment of principal or interest on indebtedness for
borrowed money and as a result of such default indebtedness shall have become or been declared due and payable and such default
remains in effect and uncured. Notwithstanding anything to the contrary in this definition, following the occurrence of a circumstance
described in clause (i) above, the NMG Credit Event that shall occur as a result of such event shall be deemed to continue until such
circumstance shall have ceased to be in effect for [***] consecutive days.
"NMG Event of Default" means the occurrence of any one of the events listed in Section 15.3 hereof or an Event of Default
where an NMG Company is the defaulting Party.
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