Neiman Marcus 2008 Annual Report Download - page 556

"Account Documentation" means, with respect to an Account, any and all documentation relating to that Account, including
Cardholder Documentation, checks or other forms of payment with respect to an Account, notices to Cardholders, adverse action
notices, change of terms notices, other notices, correspondence, memoranda, documents, stubs, instruments, certificates, agreements,
magnetic tapes, disks, hard copy formats or other computer-readable data transmissions, any microfilm, electronic or other copy of
any of the foregoing, and any other written, electronic or other records or materials of whatever form or nature, including tangible and
intangible information, arising from or relating or pertaining to any of the foregoing to the extent related to the Program; provided that
Account Documentation shall not include NMG's or any of its Affiliates' register tapes, invoices, sales or shipping slips, delivery or
other receipts or other indicia of the sale of NMG Goods and Services, any reports, analyses or other documentation prepared by any
of the NMG Companies or their Affiliates for use in the retail business operated by the NMG Companies and their Affiliates
regardless of whether derived in whole or in part from the Account Documentation or any other document not directly related to the
Credit Card Business.
"Accountants" has the meaning set forth in Section 12.3 hereof.
"Affiliate" means, with respect to any Person, each Person that controls, is controlled by, or is under common control with, such
Person. For purposes of this definition, "control" of a Person means the possession, directly or indirectly, of the power to direct or
cause the direction of its management or policies, whether through the ownership of voting securities, by contract or otherwise.
"Agreement" means this Program Agreement, together with all of its schedules and exhibits, as modified, altered, supplemented,
amended and/or restated from time to time.
"Applicable Law" means all applicable federal, state and local laws (including common law), statutes, regulations, written
regulatory guidance, orders or directives, as may be amended and in effect from time to time during the Term, including (i) the Truth
in Lending Act and Regulation Z; (ii) the Equal Credit Opportunity Act and Regulation B; (iii) the Fair Debt Collection Practices Act;
(iv) the Fair Credit Reporting Act; (v) the Gramm-Leach-Bliley Act; (vii) the USA PATRIOT Act; and (vii) the Unfair and Deceptive
Trade Practices Act, and, in each case, any implementing regulations or interpretations issued thereunder.
"Applicable Order" means, with respect to any Person, a judgment, injunction, writ, decree or order of any Governmental
Authority, in each case legally binding on that Person or on any material amount of its property.
"Application" means the credit application that must be completed and submitted in order to establish an Account (including any
such application submitted at the POS, by phone or via the Internet).
"Approved Ancillary Products" means any Credit Card enhancement and other products (other than the NMG Credit Cards and
the Non-Card Payment Plans) approved by the Management Committee for offering under the Program from time to time.
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