Neiman Marcus 2009 Annual Report Download - page 271

"Non-Transactor Gross Receivables" means, with respect to any calendar month, total Average Daily Gross Receivables in
such month less the portion of such Average Daily Gross Receivables that are Transactor Gross Receivables.
"One-Month LIBOR" means, as of any day, the rate for Eurodollar deposits having a one-month maturity that is published
and designated by Bloomberg Financial Markets as "US0001M" on that day (or on the most recent date of publication if such day is
not a business day on which Bloomberg Financial Markets is published).
"Operating Procedures" means the operating procedures for the Program in effect from time to time in accordance with
Section 4.1(b) hereof.
"Par Value" means the Cardholder Indebtedness related to the Private Label Accounts and Non-Card Payment Plans at the
time of any purchase of the Program Assets, or Wind-Down Assets, as the case may be, excluding written-off Cardholder
Indebtedness (in accordance with Bank's write-off policy then applicable to the Program).
"Partial Recourse Accounts" means an Account as to which NMG has requested that Bank approve a credit line increase
beyond the credit line that would be approved by Bank pursuant to the Risk Management Policies then in effect.
"Parties" means the collective reference to the NMG Companies and the Bank Companies; and unless the context otherwise
requires, "Party" means either the collective reference to the NMG Companies, on the one hand, or the Bank Companies, on the other
hand.
"Person" means any individual, corporation, business trust, partnership, association, limited liability company or similar
organization, or any Governmental Authority.
"POS" means point of sale.
"Post MP / Pre Servicing RAM" means, for any measurement period, (i) the Profit Sharing Post-MP RAM for such
measurement period, plus (ii) the Incremental Servicing Expenses for such measurement period.
"Post MP RAM" means, for any measurement period, (i) the Profit Sharing Post-MP RAM for such measurement period,
plus (ii) the Profit Sharing Differential for such measurement period.
"Preliminary Non-Purchase Event" means the occurrence of either of the following events (i) the delivery by NMG to Bank
of a notice that it does not intend to exercise its option to purchase, or arrange the purchase of, the Program Assets pursuant to
Section 17.2(a) or (ii) the expiration of the time period during which such option is exercisable pursuant to Section 17.2(b) (without
regard to the proviso therein permitting extension of such period) without NMG having served notice on Bank that it intends to
exercise such purchase option.
"Pre-Tax Income Excluding Operating Expense " means with respect to any measurement period, the (A) Gross Financing
Income for such period, minus (B) Net Write-Offs for such period, minus (C) Funding Costs for such period, minus (D) Marketing
Expenses for
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