Neiman Marcus 2003 Annual Report Download - page 224

(c) Unless the Administrative Agent shall have received notice from a Lender before the date of any Borrowing (or, in
the case of a Base Rate Borrowing, prior to 2:00 P.M. (New York City time) on the date of such Borrowing) that such Lender will not
make available to the Administrative Agent such Lender's share of such Borrowing, the Administrative Agent may assume that such
Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.04(b)
and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding
amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender
and, if such Lender shall not have done so within five Domestic Business Days of demand therefor by the Administrative Agent, the
Borrower agrees to pay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon,
for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative
Agent, at (i) if such amount is repaid by the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest
rate applicable to such Borrowing pursuant to Section 2.07 and (ii) if such amount is repaid by such Lender, the Federal Funds Rate.
If such Lender shall repay to the Administrative Agent such corresponding amount, the Borrower shall not be required to repay such
amount and the amount so repaid by such Lender shall constitute such Lender's Loan included in such Borrowing for purposes of this
Agreement. Nothing in this subsection (c) shall relieve any Lender of its obligation to make Loans in accordance with the terms and
conditions of this Agreement or relieve any Lender from responsibility for default by it in such obligation.
Section 2.05. Registry; Notes The Administrative Agent shall maintain a register (the "Register") in which it will
record the Commitment of each Lender, each Loan made by each Lender and each repayment of any Loan. Any such recordation by
the Administrative Agent in the Register shall be conclusive, absent manifest error. Each Lender shall record in its internal records
the foregoing information as to its own Commitment and Loans. Failure to make any such recordation, or any error in such
recordation, shall not affect the Borrower's obligations hereunder in respect of the Loans.
(b) Each Lender may, by notice to the Borrower and the Administrative Agent, request (i) that its Loans be evidenced
by a single Note payable to the order of such Lender for the account of its Applicable Lending Office in an amount equal to the
aggregate unpaid principal amount of such Loans or (ii) that its Loans of a particular type be evidenced by a separate Note in an
amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A
hereto with any appropriate modifications to reflect the fact that it evidences solely Loans of a particular type. Each reference in this
Agreement to the "Note" of such Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
Section 2.06. Maturity of Loans.
(a) Each Committed Loan shall mature, and the principal amount thereof shall be due and payable (together with
interest accrued thereon), on the Termination Date.
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