-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VNoQOeSbsnSHqhu4F7hBZjwvKt8NSSu2UqvNGA51WAvUmyAlT4ErRdlyzDwf1qwa lt3WzcBP6mzL3tzdav6XhQ== 0001358651-10-000007.txt : 20101203 0001358651-10-000007.hdr.sgml : 20101203 20101203164406 ACCESSION NUMBER: 0001358651-10-000007 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20101202 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20101203 DATE AS OF CHANGE: 20101203 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Neiman Marcus, Inc. CENTRAL INDEX KEY: 0001358651 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DEPARTMENT STORES [5311] IRS NUMBER: 203509435 STATE OF INCORPORATION: DE FISCAL YEAR END: 0731 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-133184-12 FILM NUMBER: 101231941 BUSINESS ADDRESS: STREET 1: 1618 MAIN STREET CITY: DALLAS STATE: TX ZIP: 75201 BUSINESS PHONE: 214-743-7600 MAIL ADDRESS: STREET 1: 1618 MAIN STREET CITY: DALLAS STATE: TX ZIP: 75201 8-K 1 kkamend.htm 3: Form 8-K

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): December 2, 2010

NEIMAN MARCUS, INC.

(Exact name of registrant as specified in its charter)

 

Delaware

   

333-133184-12

   

20-3509435

(State or other jurisdiction
of incorporation)

 

(Commission File
Number)

 

(IRS Employer
Identification No.)

One Marcus Square

   

1618 Main Street, Dallas, Texas

                

75201

(Address of principal executive offices)

 

(Zip Code)

Registrant's telephone number, included area code: (214) 741-6911

Not Applicable.

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

   

[  ]

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

   

[  ]

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 5.02

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

(e) On December 2, 2010, the Company and The Neiman Marcus Group, Inc. ("NMG"), a wholly owned subsidiary, entered into an amendment to the Employment Agreement effective October 6, 2010 by and between the Company, NMG and Karen Katz, President and Chief Executive Officer of the Company and NMG (the "Employment Agreement"). The amendment provides that effective as of December 31, 2010, Section 5(h) of the Employment Agreement will be amended to provide Ms. Katz with a lump sum cash payment equal to $15,000 per calendar year, grossed-up for any taxes due, in lieu of any reimbursement for lodging while staying in New York for business on behalf of the Company or NMG.

For a more detailed description of the terms of the Employment Agreement prior to the amendment, please refer to the section titled "Employment and Other Compensation Agreements" of our Annual Report on Form 10-K for the fiscal year ended July 31, 2010 filed with the Securities and Exchange Commission on October 1, 2010.

 

Item 9.01

 

Financial Statements and Exhibits.

     
   

(d) Exhibits

     

10.1

 

Amendment to Employment Agreement, effective December 31, 2010, by and between The Neiman Marcus Group, Inc., Neiman Marcus, Inc. and Karen Katz.

     

 

 

 

 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.



NEIMAN MARCUS, INC.

 

 

(Registrant)

 

 

 

    

 

 

 

     

 

Date:  December 3, 2010

By:

    /s/ Nelson A. Bangs

 

 

 

Nelson A. Bangs

 

 

 

Senior Vice President

 

 

 

 

 

 

 

 

 

INDEX TO EXHIBITS

Exhibit No.

 

Description

     

10.1

 

Amendment to Employment Agreement, effective December 31, 2010, by and between The Neiman Marcus Group, Inc., Neiman Marcus, Inc. and Karen Katz.

     

 

EX-10 2 katzamnd.htm AMENDMENT

AMENDMENT

TO

EMPLOYMENT AGREEMENT

This Amendment to Employment Agreement ("Amendment") is entered into effective as of December 31, 2010, by and between The Neiman Marcus Group, Inc., a Delaware corporation ("NMG"), Neiman Marcus, Inc., a Delaware corporation ("NMI"), and Karen Katz (the "Executive").

WHEREAS, NMG, NMI and Executive entered into that certain Employment Agreement ("Employment Agreement") effective as of October 6, 2010; and

WHEREAS, Section 5(h) of the Employment Agreement provides for a payment to Executive equal to $500 per night, up to and not to exceed a total of $15,000 for each calendar year during the Employment Term, in lieu of a hotel room reimbursement when Executive utilizes her New York apartment in lieu of a hotel room during each trip Executive takes to New York for NMG or NMI; and

WHEREAS, the parties now wish to amend Section 5(h) of the Employment Agreement to provide Executive with a payment equal to $15,000 per calendar year, plus an additional amount to gross up such payment for any income taxes resulting from such payment, in lieu of any specific expense reimbursements relating to Executive's lodging while in New York for NMG or NMI business.

NOW THEREFORE, the Employment Agreement is hereby amended as follows:

1.     Expense Reimbursements. Section 5(h) of the Employment Agreement is hereby amended such that such section shall be and read in full as follows:

"(h)   Expenses. The Executive shall be entitled to receive reimbursement for all reasonable expenses incurred by Executive in performing her duties and responsibilities under this Agreement, consistent with NMG's policies or practices for reimbursement of expenses incurred by other NMG senior executives. In additiona, and in lieu of any reimbursement to Executive of hotel or other lodging expenses incurred by Executive in connection with trips to New York for NMG or NMI business, NMG shall pay Executive a lump sum cash payment during each of the Employment Term in the amount of $15,000 plus an amount necessary to gross-up such payment for income taxes to be incurred by Executive on such payment such that the net amount of each such payment after income taxes shall total $15,000. Such payments shall be made on the first regularly scheduled pay date in January of each calendar year during the Employment Term, or, in the event of Executive's separation from service during the Employmen t Term and prior to the payment of such amount for such year, the date of Executive's separation from service. Executive shall also participate in any NMG policy providing for the reimbursement to employees of liability for any New York state and city taxes, on an after-tax basis, incurred by NMG employees who work principally in states other than New York, subject to the terms and conditions of such policy so long as it is in effect and as it may be amended from time to time; provided that Executive's participation in such policy shall not result in Executive being reimbursed for income taxes which are grossed up in connection with the New York lodging payment provided for above."

2.     Defined Terms. Unless otherwise defined herein, each capitalized term used herein shall have the meaning given to such term under the Employment Agreement.

3.     No Further Amendment. Except as expressly amended hereby, the Employment Agreement shall continue in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the first date set forth above.

EXECUTIVE:

/s/  Karen Katz

Karen W. Katz

   

NEIMAN MARCUS, INC.

     
     
 

By:

/s/  Nelson A. Bangs

   

Nelson A. Bangs, Senior Vice President

 

   

THE NEIMAN MARCUS GROUP, INC.

     
     
 

By:

/s/  Nelson A. Bangs

   

Nelson A. Bangs, Senior Vice President

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