FORM OF FIRST AMENDMENT TO SECOND PRIORITY LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENTSecond Priority Leasehold Mortgage, Assignment of Leases and Rents, 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).
FORM OF SECOND PRIORITY LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENTSecond Priority Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement • October 12th, 2005 • Neiman Marcus Group Inc • Retail-department stores • New York
THIS SECOND PRIORITY LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT dated as of October , 2005 (this “Mortgage”), by THE NEIMAN MARCUS GROUP, INC., a Delaware corporation, having an office at One Marcus Square, 1618 Main Street, Dallas, Texas 75201 (the “Mortgagor”), to DEUTSCHE BANK TRUST COMPANY AMERICAS, having an office at 60 Wall Street, New York, New York 10005 (the “Mortgagee”) as Collateral Agent for the Secured Parties (as such terms are defined below).
