Neiman Marcus 2003 Annual Report Download - page 240

(e) Such other information (which is readily obtainable by the Borrower without incurring any undue expense)
regarding the financial condition of the Borrower as any Lender may reasonably request.
Together with each delivery of financial statements required by clauses (a) and (b) above, the Borrower will deliver to the Lenders a
certificate of a financial officer stating that to the best of his knowledge there exists no Default or, if such officer is aware of the
existence of any Default, specifying the nature thereof, the period of existence thereof and what action the Borrower proposes to take
with respect thereto. The certificate delivered in conjunction with each delivery of annual and quarterly financial statements shall in
addition demonstrate in reasonable detail compliance during the preceding fiscal period with Sections 5.08, 5.09 and 5.10(k).
Each certificate of independent certified public accountants delivered with the financial statements required by clause (b) above shall
be accompanied by a written statement of such accountants that, in conducting the examination necessary to the giving of such
certificate, they have obtained no knowledge of the existence during the fiscal period under examination of any condition, event or act
which constitutes a Default (insofar as such a condition, event or act relates to accounting matters), or if in the opinion of such
accountants there shall exist any Default, such statement shall specify the nature thereof.
Information required to be delivered pursuant to clauses (a), (b) and (c) above shall be deemed to have been delivered on the date on
which the Borrower provides notice to the Lenders that such information has been posted on the Borrower's website on the Internet at
www.neimanmarcus.com, at sec.gov/edaux/searches.htm or at another website identified in such notice and accessible by the Lenders
without charge; provided that the Borrower shall deliver paper copies of the information referred to in clauses (a), (b) and (c) above to
any Lender which requests such delivery.
Section 5.02. Payment of Taxes. The Borrower will, and will cause each Subsidiary to, promptly pay and discharge, or
cause to be paid and discharged, when due and payable, all lawful taxes, assessments and governmental charges or levies imposed
upon the income, profits, property or business of the Borrower or any Subsidiary; provided, however, that any such tax, assessment,
charge or levy need not be paid if the validity thereof shall currently be contested in good faith and if the Borrower or a Subsidiary
shall have set aside on its books adequate reserves with respect thereto in accordance with United States generally accepted
accounting principles.
Section 5.03. Maintenance of Corporate Existence; Compliance with Laws.
(a) The Borrower will preserve and maintain its corporate existence.
(b) The Borrower will, and will cause each Subsidiary to, conduct its affairs and carry on its business and operations in such
manner as to comply with any and all applicable laws (including, without limitation, Environmental Laws and ERISA and the rules
and regulations thereunder), except (i) where the necessity of compliance therewith is being contested in good faith or (ii) where the
failure of compliance therewith could not reasonably be expected to have, individually or in the aggregate, a material adverse change
in the business, assets, financial position or results of operations of the Borrower and its Consolidated Subsidiaries, considered as a
whole.
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