Sec Edgar Credit Agreement

Yes. Under the ESRA, agreements with electronic signatures have the same authority and effect as signatures created by non-electronic means, subject to certain exceptions (e.g.B. testamentary trusts, powers). == The company`s electronic signatures should be effective under a contract with New York law, provided that the signatory acts under the authority (express or implied) of the company under the laws of the jurisdiction in which the company was established – this power includes whether the company can be bound by an electronic signature. Marble Ridge`s real complaint is that Neiman Marcus has revised its capital structure to hurt the solvency of its operating subsidiaries, making it more difficult for bondholders and lenders to recover from these companies. Unfortunately for Marble Ridge, the indenture and credit agreements under which this credit was extended seem to enable precisely this result.

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