Neiman Marcus 2009 Annual Report Download - page 479

(b) Participation After July 31, 2010. Any provision of the Plan to the contrary notwithstanding, an individual
who is a Participant in the Plan as of July 31, 2010 shall remain a Participant in the Plan after such date as long as he or she is
entitled to receive a benefit under the Plan, but no additional benefit shall accrue for any Participant under the Plan after the
Freeze Date, subject to the following:
(i) the amount of benefit payable under the Plan after the Freeze Date with respect to any Participant shall
be determined as if such Participant had a Termination of Employment effective as of the Freeze Date, provided,
however, that any such Participant shall not be treated as having a Termination of Employment for purposes of
determining whether he or she has attained Normal Retirement Age until his or her actual Termination of
Employment and benefit payments shall not commence to any such Participant until payments would otherwise
commence to such Participant under the terms of the Plan;
(ii) a Participant shall continue to be entitled to credit for Service after the Freeze Date for purposes of
determining whether such Participant has attained the required years of Service to vest in a benefit or to commence
receiving a benefit prior to Normal Retirement Date, but not for purposes of the calculation of the amount of such
benefit;
(iii) with respect to a Participant who is a Grandfathered Rule of 65 Employee as of July 31, 2010 who has
not incurred a Termination of Employment during the period beginning December 31, 2007 and ending July 31,
2010, the denominator of the fraction referenced in Section 4.3(a), if applicable to such Participant, shall be 25; and
(iv) the "Freeze Date" shall mean July 31, 2010, except with respect to a Participant who is Grandfathered
Rule of 65 Employee as of July 31, 2010 and who is a party to an employment agreement with the Company in
effect as of such date that expressly provides for participation in the Plan, in which case the "Freeze Date" shall be
the earlier of December 31, 2010 or the date on which the Participant incurs a Termination of Employment.
IN WITNESS WHEREOF, this Amendment has been executed this 17th day of July, 2010 to be effective as of July 31, 2010.
THE NEIMAN MARCUS GROUP, INC.
By: /s/ Scott M. Seale
Title: VP – Benefits