Neiman Marcus 2003 Annual Report Download - page 123

(2) the Company has paid or caused to be paid all other sums payable hereunder by the Company
with respect to the Securities of such series; and
(3) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel each
stating that all conditions precedent herein provided for relating to the satisfaction and discharge of this Indenture
with respect to the Securities of such series have been complied with.
Notwithstanding the satisfaction and discharge of this Indenture with respect to any series of Securities, the obligations of the
Company to the Trustee with respect to that series under Section 607 shall survive and the obliga- tions of the Trustee under Sections
402 and 1003 shall survive.
Section 4.12. Application of Trust Money. All money and U.S. Government Obligations (as defined below) deposited with
the Trustee pursuant to Section 401 or Section 403 shall be held in trust and the deposited money and the money from the U.S.
Government Obligations shall be applied by it, in accordance with the provisions of the series of Securities in respect of which it was
deposited and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own
Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest for
whose payment such money or U.S. Government Obligations has been deposited with the Trustee; but such money and U.S.
Government Obligations need not be segregated from other funds except to the extent required by law. Any money received from
principal or interest payments on any U.S. Government Obligations in excess of the amount needed or to be needed to pay the
Securities with respect to which such U.S. Government Obligations were deposited as provided in Section 4.01 or 4.03 shall be paid
over to the Company upon receipt of a Company Request together with the opinion of a nationally recognized firm of independent
public accountants expressed in a written certification thereof delivered to the Trustee to the effect that such money is in excess of the
amount needed or to be needed to pay such Securities.
Section 4.13. Defeasance Upon Deposit of Funds or Government Obligations. Unless pursuant to Section 301 provision is
made that this Section shall not be applicable to the Securities of any series, at the Company's option, either (a) the Company shall be
deemed to have been Discharged (as defined below) from its obligations with respect to any series of Securities after the applicable
conditions set forth below have been satisfied or (b) the Company shall cease to be under any obligation to comply with any term,
provision or condition set forth in, at the election of the Company, any or all of Sections 1006, 1007 and subsection (5) of Section 501
(and any other Sections applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) with
respect to any series of Securities at any time after the applicable conditions set forth below have been satisfied:
26