Neiman Marcus 2003 Annual Report Download - page 239

Section 4.10. Environmental Matters. The Borrower has reasonably concluded that the costs of compliance with
Environmental Laws are unlikely to have a material adverse effect on the business, financial condition or results of operations of the
Borrower and its Consolidated Subsidiaries, considered as a whole.
ARTICLE V
COVENANTS
The Borrower agrees that, so long as any Lender has any Credit Exposure hereunder:
Section 5.01. Furnishing of Financial Data and Certificates. The Borrower will deliver to each of the Lenders:
(a) As soon as practicable, and in any event within 45 days after the close of each of the first three quarters of each
fiscal year of the Borrower, (i) the condensed consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as at the
end of such quarter, (ii) the condensed consolidated statement of operations of the Borrower and its Consolidated Subsidiaries for such
quarter and for the portion of such fiscal year to and including such quarter and (iii) the condensed consolidated statements of cash
flows of the Borrower and its Consolidated Subsidiaries for the portion of such fiscal year to and including such quarter, each of the
foregoing to set forth in comparative form the corresponding figures of the previous year and to be in reasonable detail and certified
by a financial officer of the Borrower, subject to year-end audit adjustments; provided that delivery by the Borrower within the time
period specified above of its Quarterly Reports on Form 10-Q shall be deemed compliance with this provision;
(b) As soon as practicable, and in any event within 90 days after the close of each fiscal year of the Borrower, (i) the
consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as at the end of such fiscal year, (ii) the consolidated
statement of operations of the Borrower and its Consolidated Subsidiaries for such fiscal year and (iii) the consolidated statements of
cash flows of the Borrower and its Consolidated Subsidiaries for such fiscal year, each of the foregoing to set forth in comparative
form the corresponding figures of the previous year and to be in reasonable detail and audited and certified by Deloitte & Touche or
other certified public accountants of nationally recognized standing reasonably satisfactory to the Lenders; provided that delivery by
the Borrower within the time period specified above of its Annual Reports on Form 10-K (together with its annual report to
shareholders, if incorporated by reference therein) shall be deemed compliance with this provision;
(c) Promptly after sending or filing, copies of all financial statements, reports, notices and proxy statements as it shall
send to its shareholders, and of all periodic reports filed by the Borrower with any securities exchange or with the Securities and
Exchange Commission or any governmental authority succeeding to any of its functions;
(d) Within five Domestic Business Days after any executive officer of the Borrower becomes aware of any Default, if
such Default is then continuing, a certificate of a financial officer of the Borrower setting forth the details thereof and the action which
the Borrower is taking or proposes to take with respect thereto; and
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