9th AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTProgram Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This 9th Amendment to Credit Card Program Agreement (the “9th Amendment”) is entered into this 30th day of December 2008 by and among The Neiman Marcus Group, Inc. and Bergdorf Goodman, Inc. on the one hand, and HSBC Private Label Corporation (formerly, Household Corporation) and HSBC Bank Nevada, N.A. on the other hand, to that certain Credit Card Program Agreement, dated June 8, 2005 (as amended, the “Agreement”), among the foregoing parties. The 9th Amendment shall have an effective date as of November 21st, 2008. All capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Agreement.
SEVENTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTProgram Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Seventh Amendment to Credit Card Program Agreement (the “Seventh Amendment”) is entered into this 21st day of April 2008 by and among The Neiman Marcus Group, Inc. and Bergdorf Goodman, Inc. on the one hand, and HSBC Private Label Corporation (formerly, Household Corporation) and HSBC Bank Nevada, N.A. on the other hand, to that certain Credit Card Program Agreement, dated June 8, 2005 (as amended, the “Agreement”), among the foregoing parties. All capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Agreement.
CREDIT CARD PROGRAM AGREEMENT by and among THE NEIMAN MARCUS GROUP, INC. BERGDORF GOODMAN, INC. HSBC BANK NEVADA, N.A. and HOUSEHOLD CORPORATION Dated as of June 8, 2005Credit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • New York
This Credit Card Program Agreement is made as of the 8th day of June, 2005, by and among The Neiman Marcus Group, Inc., a Delaware corporation (“NMG”), Bergdorf Goodman, Inc., a New York corporation (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”).
EIGHTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTProgram Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Eighth Amendment to Credit Card Program Agreement (the “Eighth Amendment”) is entered into this 17th day of October, 2008, by and among The Neiman Marcus Group, Inc. and Bergdorf Goodman, Inc. on the one hand, and HSBC Private Label Corporation (formerly, Household Corporation) and HSBC Bank Nevada, N.A., on the other hand, to that certain Credit Card Program Agreement, dated June 8, 2005 (as amended, the “Agreement”), among the foregoing parties. All capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Agreement.
THIRD AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Third Amendment to Credit Card Program Agreement (“First Amendment”) is made effective as of the 1st day of August, 2006, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006 (“First Amendment”) and the Second Amendment to Credit Card Program Agreement executed as of June 29, 2006 (“Second Amendment”) by and between the parties hereto.
PLEDGE AND SECURITY AND INTERCREDITOR AGREEMENTPledge and Security and Intercreditor Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • New York
INVENTION TITLE Inventor Client Attys CPH Docket Your Reference Prior Docket No. Case Type RefCase SERIAL NO. PATENT NO. FILED ISSUED Assignee STATUS REMARKS SCHEDULED ACTIONS
CREDIT AGREEMENT Dated as of October 6, 2005 Among THE FINANCIAL INSTITUTIONS PARTY HERETO as the Lenders and CREDIT SUISSE as Administrative Agent and Collateral Agent, and NEWTON ACQUISITION, INC., and NEWTON ACQUISITION MERGER SUB, INC. (to be...Credit Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • New York
CREDIT AGREEMENT dated as of October 6, 2005 (this “Agreement”), among NEWTON ACQUISITION MERGER SUB, INC. (“Merger Sub” and, prior to the Merger (as defined below), the “Borrower”), a Delaware corporation to be merged with and into THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (“Neiman Marcus” and, after the Merger, the “Borrower”), NEWTON ACQUISITION, INC., a Delaware corporation (“Holdings”), each subsidiary of Neiman Marcus from time to time party hereto, the Lenders (as defined in Article I) and CREDIT SUISSE, as administrative agent and collateral agent for the Lenders hereunder (in such capacities, the “Agent”).
FIRST AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This First Amendment to Credit Card Program Agreement (“First Amendment”) is made as of the 30th day of April, 2006, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 by and between the parties hereto.
FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Fifth Amendment to Credit Card Program Agreement (“Fifth Amendment”) is made effective as of the 13th day of March, 2007, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and HSBC Private Label Corporation, a Delaware corporation formerly known as Household Corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006 (“First Amendment”), and the Second Amendment to Credit Card Program Agreement executed as of June 28, 2006 (“Second Amendment”) and the Third Amendment to Credit Card Program Agreement executed as of August 1, 2006, and the Fourth Amendment to Credit Card Program Agreement executed as of March 13, 2007, by and between the parties hereto. In consideration of the terms, conditi
EMPLOYMENT AGREEMENTEmployment Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • Texas
This Employment Agreement (this “Agreement”), effective as of the Effective Date, is by and among The Neiman Marcus Group, Inc., a Delaware corporation (“NMG”), Newton Acquisition Merger Sub, Inc., a Delaware corporation (“Merger Sub”), Newton Acquisition, Inc., a Delaware corporation (“Parent”) and Burton M. Tansky (the “Executive”).
FORM OF FIRST AMENDMENT TO SECOND PRIORITY LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT, Security Agreement and Financing Statement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
THIS FIRST AMENDMENT TO SECOND PRIORITY LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (this “Instrument”), dated as of September , 2009, is entered into by and between THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (“Mortgagor”), whose address is One Marcus Square, 1618 Main Street, Dallas, Texas 75201 and BANK OF AMERICA, N.A., a national association, whose address is 1455 Market Street, 5th Floor, San Francisco, California 94103, as agent (as successor to Deutsche Bank Trust Company Americas, in such capacity, “Agent”, and together with its successors and assigns, “Mortgagee”) for the Secured Parties defined in the Amended Credit Agreement (defined below).
SIXTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Sixth Amendment to Credit Card Program Agreement (“Sixth Amendment”) is made effective as of the 17th day of July, 2007, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and HSBC Private Label Corporation, a Delaware corporation formerly known as Household Corporation (“Primary Servicer”) to that certain Credit Card Program Agreement, executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006, and the Second Amendment to Credit Card Program Agreement executed as of June 28, 2006, and the Third Amendment to Credit Card Program Agreement executed as of August 1,2006, and the Fourth Amendment to the Credit Card Program Agreement executed as of April 3, 2007, and the Fifth Amendment to the Credit Card Program Agreement executed as of March 13,2007, by and between the parties hereto,
SERVICING AGREEMENT between THE NEIMAN MARCUS GROUP, INC. and HSBC BANK NEVADA, N.A. Dated as of July 7, 2005Servicing Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • New York
This Servicing Agreement (as amended from time to time, this “Agreement”), dated as of July 7, 2005, is between The Neiman Marcus Group, Inc., a Delaware corporation (“Servicer”), and HSBC Bank Nevada, N.A., a national credit card bank (“Bank”).
SECOND AMENDMENT TO CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores
This Second Amendment to Credit Card Program Agreement (“Second Amendment”) is made as of the 28th day of June, 2006, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG”, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”), to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006, by and between the parties thereto.
