Neiman Marcus 2003 Annual Report Download - page 128

No such rescission shall affect any subsequent default or impair any right consequent thereon.
Section 5.13. Collection of Indebtedness and Suits for Enforcement by Trustee. The Company covenants that if
(1) default is made in the payment of any installment of interest on any Security of any series when such
interest becomes due and payable, or
(2) default is made in the payment of the principal of (or premium, if any, on) any Security at the Maturity
thereof, or
(3) default is made in the payment of any sinking or purchase fund or analogous obligation when the same
becomes due by the terms of the Securities of any series,
and any such default continues for any period of grace provided with respect to the Securities of such series, the Company
will, upon demand of the Trustee, pay to it, for the benefit of the Holder of any such Security (or the Holders of any such
series in the case of Clause (3) above), the whole amount then due and payable on any such Security (or on the Securities of
any such series in the case of Clause (3) above) for principal (and premium, if any) and interest, with interest, to the extent
that payment of such interest shall be legally enforceable, upon the overdue principal (and premium, if any) and upon
overdue install- ments of interest, at such rate or rates as may be prescribed therefor by the terms of any such Security (or of
Securities of any such series in the case of Clause (3) above); and, in addition thereto, such further amount as shall be
sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and
advances of the Trustee, its agents and counsel and all other amounts due the Trustee under Section 607.
If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an
express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding
to judgment or final decree, and may enforce the same against the Company or any other obligor upon the Securities of such series and
collect the money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other
obligor upon such Securities, wherever situated.
If an Event of Default with respect to any series of Securities occurs and is continuing, the Trustee may in its discretion
proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial
proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of
any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper
remedy.
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