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This excerpt taken from the WEN 8-K filed Jun 10, 2009. Administrative Agent”) and as
collateral agent for the Secured Parties (in such capacity, the “ This excerpt taken from the WEN 10-Q filed May 7, 2009. Administrative Agent”) and as
collateral agent for the Secured Parties referred to therein (in such capacity,
the “Collateral Agent”),
Banc of America Securities, LLC and Credit Suisse, Cayman Islands Branch, as
co-syndication agents for the Lenders and Issuer, and Wachovia Bank, National
Association, SunTrust Bank and GE Capital Franchise Finance Corporation, as
co-documentation agents for the Lenders and Issuer, the Lenders and the Issuer
have severally agreed to make extensions of credit to Borrowers upon the terms
and subject to the conditions set forth therein;
Whereas,
the Grantors other than Borrower are party to the Guaranty pursuant to which
they have guaranteed the Secured Obligations; and
Whereas,
all the Grantors are party to an Amended and Restated Pledge and Security
Agreement of even date herewith in favor of the Collateral Agent (the “ These excerpts taken from the WEN 8-K filed Mar 12, 2009. Administrative Agent” has the meaning specified in the preamble to this Agreement, and includes any successor administrative agent.
“ Administrative Agent”) and as
collateral agent for the Secured Parties referred to therein (in such capacity, the “Collateral Agent”), Banc of America Securities, LLC and Credit Suisse, Cayman Islands Branch, as co-syndication agents for the Lenders and Issuer, and Wachovia Bank, National Association, SunTrust Bank and GE Capital Franchise Finance Corporation, as co-documentation agents for the Lenders and Issuer, the Lenders and the Issuer have
severally agreed to make extensions of credit to Borrowers upon the terms and subject to the conditions set forth therein;
WHEREAS, the Grantors other than Borrower are party to the Guaranty pursuant to which they have guaranteed the Secured Obligations; and WHEREAS, all the Grantors are party to an Amended and Restated Pledge and Security Agreement of even date herewith in favor of the Collateral Agent (the “ | EXCERPTS ON THIS PAGE:
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