Neiman Marcus 2009 Annual Report Download - page 449

"Receiving Party": As defined in Section 8.01(a)(iv) hereof.
"Regulatory Failure": As defined in Section 5.01(b) hereof.
"Regulatory SLA": As defined in Section 5.01(b) hereof.
"Seasonally Adjusted Consumer Price Index for All Urban Consumers": means
"Servicer": As defined in the preamble hereof.
"Servicer Default": As defined in Section 5.01 hereof.
"Servicer Event of Default": The occurrence of any one of the events listed in Section 6.02.
"Services": As defined in Section 2.02(a) hereof.
"Significant Failure": As defined in Section 5.01(a) hereof.
"SLA": Each individual performance standard set forth on Schedule 2.04(a).
"Solvent": When used with respect to any Person, that (a) the present fair salable value of such Person's assets
exceed the total amount of its liabilities, (b) such Person is able to pay its debts as they become due and (c) such Person does not have
unreasonably small capital to carry on its business as theretofore operated and all business in which such Person is about to engage.
"Starred SLA": On Schedule 2.04(a), the SLAs starred therein.
"Subsequent Failure": As defined in Section 5.02(b) hereof.
"Subsequent Penalty Amount": As defined in Schedule 5.02.
"Term": As defined in Section 6.01 hereof.
"Transaction Document": The Program Agreement and this Agreement and the agreements, instruments, schedules
and other documents to be delivered pursuant thereto and hereto.
Section 1.02. Certain Interpretive Matters. As used herein: (a) all references to the plural number shall include the
singular number (and vice versa); (b) all references to "herein," "hereunder," "hereof" or like words shall refer to this Agreement as a
whole and not to any particular section, subsection or clause contained in this Agreement; (c) all references to "include," "includes" or
"including" shall be deemed to be followed by the words "without limitation"; (d) all references to "$" or "dollars" shall be deemed
references to United States dollars; and (e) all references to a particular agreement, instrument or document shall include all renewals,
extensions, modifications, amendments and restatements of such agreement, instrument, or document.
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