Saks Fifth Avenue 2008 Annual Report Download - page 127

ARTICLE IV
COVENANTS
Section 4.01. Provision of Financial Statements.
Section 10.10 of the Original Indenture shall be deleted in its entirety and replaced with the following:
Section 10.10. Provision of Financial Statements.
The Company will, except as otherwise provided in this Section 10.1 0, file with the Commission (so long as the
Commission wi11 accept any such filings) and the Trustee the annual reports, quarterly reports and other documents required to
be filed with the Commission pursuant to Sections 13 and 15 of the Exchange Act, whether or not the Company has a class of
securities registered under the Exchange Act. The Company wi11 also comply with the other provisions of Section 314(a) of the
Trust Indenture Act. Notwithstanding any other provision of this Section 10.10 or this Indenture, the reports and documents
referred to in this Section 10.10 that the Company would have been required to file with the Commission or the Trustee on any
date on or before the Covenant Reversion Date (but for this sentence) will not be required to be filed by the Company until the
Covenant Reversion Date.
Section 4.02. Statement by Officers as to Default.
Section 10.12 of the Original Indenture shall be deleted in its entirety and replaced with the following:
Section 10.12. Statement by Officers as to Default.
The Company and the Guarantors wi11, except as otherwise provided in this Section 10.12, deliver to the Trustee. within
120 days after the end of each of their fiscal years ending after the date hereof, a written statement (such written statement, a
“Compliance Certificate”) signed by the chairman or a chief executive officer, the principal financial officer, principal
accounting officer or Treasurer of the Company or such Guarantor (as applicable), stating (i) that a review of the activities of the
Company or such Guarantor (as applicable) during the preceding fiscal year has been made under the supervision of the signing
officer with a view to determining whether the Company or such Guarantor (as applicable) has kept, observed, performed and
fulfilled its obligations under this Indenture and (ii) that, to the knowledge of each officer signing such certificate, the Company
or such Guarantor (as applicable) has kept, observed, performed and fulfilled each and every covenant and condition contained
in this Indenture and is not in default in the performance or observance of any of the terms, provisions, conditions