Neiman Marcus 2008 Annual Report Download - page 180

(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such
direction.
Section 5.113. Waiver of Past Defaults. The Holders of not less than a majority in principal amount of the Outstanding
Securities of any series may on behalf of the Holders of all the Securities of such series waive any past default hereunder with respect
to such series and its consequences, except a default not theretofore cured
(1) in the payment of the principal of (or premium, if any) or interest on any Security of such series, or in the
payment of any sinking or purchase fund or analogous obligation with respect to the Securities of such series, or
(2) in respect of a covenant or provision hereof which under Article Nine cannot be modified or amended
without the consent of the Holder of each Outstanding Security of such series.
Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have
been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair any right
consequent thereon.
Section 5.114. Undertaking for Costs. All parties to this Indenture agree, and each Holder of any Security by his acceptance
thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or
remedy under this Indenture, or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party
litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs,
including reasonable attorneys' fees and expenses, against any party litigant in such suit, having due regard to the merits and good
faith of the claims or defenses made by such party litigant; but the provisions of this Section shall not apply to any suit instituted by
the Trustee, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of (or premium, if any)
or interest on any Security on or after the respective Stated Maturities expressed in such Security (or, in the case of redemption or
repayment, on or after the Redemption Date or Repayment Date, as the case may be).
ARTICLE 6. The Trustee.
Section 6.11. Certain Duties and Responsibilities.
(a) Except during the continuance of an Event of Default with respect to any series of Securities,
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