Neiman Marcus 2008 Annual Report Download - page 327

under clauses (a), (g), (h), (i), (r) and (aa) of this definition at the time the original Lien became a Permitted Lien pursuant
this Agreement, and (B) an amount necessary to pay any fees and expenses, including premiums, related to such refinancing,
refunding, extension, renewal or replacement;
(r) Liens securing Indebtedness permitted to be incurred pursuant to Section 6.01(b)(vi), (b)(xix), (b)(xx), (b)(xxii)
(A) and (b)(xxiii); provided that (A) Liens securing Indebtedness permitted to be incurred pursuant to Section 6.01(b)(vi) do
not at any time encumber any property other than the property financed by such Indebtedness and the proceeds and the
products thereof, (B) Liens securing Indebtedness permitted to be incurred pursuant to Section 6.01(b)(xix) are solely on
acquired property or the assets of the acquired entity, as the case may be and (C) Liens securing Indebtedness permitted to be
incurred pursuant to Section 6.01(b)(xx) extend only to the assets of Foreign Subsidiaries;
(s) deposits in the ordinary course of business to secure liability to insurance carriers;
(t) Liens securing judgments for the payment of money not constituting an Event of Default under paragraph (h) of
Article VII, so long as such Liens are adequately bonded and any appropriate legal proceedings that may have been duly
initiated for the review of such judgment have not been finally terminated or the period within which such proceedings may
be initiated has not expired;
(u) Liens in favor of customs and revenue authorities arising as a matter of law to secure payment of customs duties
in connection with the importation of goods in the ordinary course of business;
(v) Liens (i) of a collection bank arising under Section 4-210 of the UCC on items in the course of collection,
(ii) attaching to commodity trading accounts or other commodity brokerage accounts incurred in the ordinary course of
business and (iii) in favor of banking institutions arising as a matter of law encumbering deposits (including the right of set-
off) and which are within the general parameters customary in the banking industry;
(w) Liens that are contractual rights of set-off (i) relating to the establishment of depository relations with banks not
given in connection with the issuance of Indebtedness, (ii) relating to pooled deposit or sweep accounts of the Borrower or
any of its Restricted Subsidiaries to permit satisfaction of overdraft or similar obligations incurred in the ordinary course of
business of the Borrower and its Restricted Subsidiaries or (iii) relating to purchase orders and other agreements entered into
with customers of the Borrower or any of its Restricted Subsidiaries in the ordinary course of business;
(x) Liens encumbering reasonable customary initial deposits and margin deposits and similar Liens attaching to
commodity trading accounts or other brokerage accounts incurred in the ordinary course of business and not for speculative
purposes;
(y) Liens deemed to exist in connection with Investments in repurchase agreements permitted under Section 6.01;
provided that such Liens do not extend to any assets other than those assets that are the subject of such repurchase agreement;
(z) other Liens securing obligations incurred in the ordinary course of business which obligations do not exceed
$50,000,000 at any one time outstanding;
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