EXHIBIT 10.44
AMENDMENT NO. 1 TO THE AMENDED
AND RESTATED
NEIMAN MARCUS GROUP, INC. DEFINED
CONTRIBUTION
SUPPLEMENTAL EXECUTIVE RETIREMENT
PLAN
(Effective as of January 1,
2008)
Pursuant to the provisions of
Article VIII thereof, The Amended and Restated Neiman Marcus
Group, Inc. Defined Contribution Supplemental Executive
Retirement Plan (Effective as of January 1, 2008) (the
“Plan”) is hereby amended effective as of
January 1, 2008 in the following respects only:
FIRST : Section 2-35 of the Plan is hereby
amended by restating the second sentence thereof in its entirety to
read as follows:
If an Employee would be deemed a Key
Employee as of an Identification Date, the Employee is treated as a
“Specified Employee” for the 12-month period beginning
on the fourth month following the end of the 12-month period ending
on the Identification Date.
SECOND : Section 4-2 of the Plan is hereby
amended by restatement in its entirety to read as
follows:
Section 4-2
Time of Distribution
.
(a)
Affirmative Election
.
(1)
Subject to Section 7-2,
Section 7-3, Section 7-4 and Section 7-5 below, the
Committee, in its sole and absolute discretion, may permit an
Eligible Employee to elect to receive the distribution of his or
her Defined Contribution Account upon the later of:
(A) his or her Separation
from Service, or
(B) his or her Specified
Distribution Date;
provided, however, that the
Committee may prescribe such limitations on the choices available
to an Eligible Employee for a Specified Distribution Date as it may
determine in its sole and absolute discretion.
(2)
Notwithstanding anything herein to
the contrary, an affirmative election will be disregarded and given
no consideration if such an election is not reflected on a properly
completed Enrollment Agreement that is timely filed with the
Committee by the date set by the Committee in its sole and absolute
discretion.
(b)
Deemed Election
. Subject to Section 7-2,
Section 7-3, Section 7-4 and Section 7-5 below, to
the extent the Committee does not allow or an Eligible Employee has
not made an affirmative election regarding the distribution of her
or
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