Neiman Marcus 2003 Annual Report Download - page 208

"Committed Loan" means a loan made by a Lender pursuant to Section 2.01; provided that, if any such loan or loans (or
portions thereof) are combined or subdivided pursuant to a Notice of Interest Rate Election, the term "Committed Loan" shall refer to
the combined principal amount resulting from such combination or to each of the separate principal amounts resulting from such
subdivision, as the case may be.
"Competitive Bid Absolute Rate" has the meaning specified in Section 2.03(d)(ii)(D).
"Competitive Bid Absolute Rate Loan" means a loan made or to be made by a Lender pursuant to an Absolute Rate Auction.
"Competitive Bid Lending Office" means, as to each Lender, its Domestic Lending Office or such other office, branch or affiliate
of such Lender as it may hereafter designate as its Competitive Bid Lending Office by notice to the Borrower and the Administrative
Agent; provided that any Lender may from time to time by notice to the Borrower and the Administrative Agent designate separate
Competitive Bid Lending Offices for its Competitive Bid LIBOR Loans, on the one hand, and its Competitive Bid Absolute Rate
Loans, on the other hand, in which case all references herein to the Competitive Bid Lending Office of such Lender shall be deemed to
refer to either or both of such offices, as the context may require.
"Competitive Bid LIBOR Loan" means a loan made or to be made by a Lender pursuant to a LIBOR Auction (including any
such loan bearing interest at the Prime Rate pursuant to Section 8.01).
"Competitive Bid Loan" means a Competitive Bid LIBOR Loan or a Competitive Bid Absolute Rate Loan.
"Competitive Bid Margin" has the meaning specified in Section 2.03(d)(ii)(C).
"Competitive Bid Quote" means an offer by a Lender to make a Competitive Bid Loan in accordance with Section 2.03.
"Confidential Information" means information that the Borrower furnishes to any party hereto (including any Designated
Lender) in writing or that any such party obtains pursuant to its rights under Section 5.01 or 5.07, but does not include any such
information that (a) is or becomes generally available to the public other than as a result of a breach by any party hereto of its
obligations hereunder, (b) was available to such party on a nonconfidential basis prior to its disclosure to such party by the Borrower
or any of its affiliates or (c) is or becomes available to such party from a source other than the Borrower that is not, to the knowledge
of such party, acting in violation of a confidentiality agreement with the Borrower.
"Consolidated Adjusted Interest Expense" means, for any period, the interest expense of the Borrower and its Consolidated
Subsidiaries less investment and interest income of the Borrower and its Consolidated Subsidiaries for such period, determined on a
consolidated basis, subject to Section 1.02(b).
"Consolidated Adjusted Net Income" means for any period, the aggregate of the net income (less losses) of the Borrower and its
Consolidated Subsidiaries for such period (after eliminating all intercompany items and after provisions for minority interests, if any),
all determined in accordance with United States generally accepted accounting principles, subject to Section 1.02(b); provided,
however, Consolidated Adjusted Net Income shall not include (a) extraordinary gains or extraordinary losses, (b) the net income or
losses of any corporation or other enterprise accrued prior to the date it becomes a Subsidiary, (c) the net income (or loss) arising from
any discontinued operation(s) of the Borrower or any Subsidiary as so classified in the Borrower's consolidated financial statements,
(d) any amortization or write-off of goodwill or other intangible items, or any non-cash charges, arising in connection with a merger,
consolidation or acquisition of stock or assets to which the Borrower or a Subsidiary is a party or (e) any write-off of goodwill arising
in connection with Statement No. 142 issued by the Financial Accounting Standards Board.
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