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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Affiliate” means, with respect to any Person, any other Person directly or indirectly Controlling or that is Controlled by or is under common Control with such Person, and each Person that is the beneficial owner of 10% or more of any class of Voting Stock (or Stock Equivalent of any such class of Voting Stock) of such
Person. Each Unrestricted Subsidiary shall be deemed an Affiliate of Ultimate Parent Co-Borrower and its Subsidiaries.
“ This excerpt taken from the WEN 8-K filed Jan 16, 2009. Affiliate” of
any Person means any other Person directly or indirectly controlling, controlled
by or under common control with such Person. A Person shall be deemed to control
another Person if the controlling Person owns 10% or more of any class of voting
securities (or other ownership interests) of the controlled Person or possesses,
directly or indirectly, the power to direct or cause the direction of the
management or policies of the controlled Person, whether through ownership of
stock or other ownership interests, by contract or otherwise.
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