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This excerpt taken from the WEN 8-K filed Dec 27, 2007. Amendments, Etc. No amendment or waiver of any provision of
this Agreement or any other Note Document, and no consent to any departure by the Parent or the Issuer therefrom, shall be effective unless in writing signed by the Parent, the Issuer and the Required Holders, and each such waiver or consent shall
be effective only in the specific instance and for the specific purpose for which given; provided that without the written consent of each Holder affected thereby, no such
amendment, waiver or consent shall:
(a) postpone any date fixed by Section 2.02(b), Section 2.03 or Section 2.04(c) for any payment of the principal amount or interest due to the Holders (or any of them); 48 (b) reduce the principal or principal amount of, or the rate of interest specified herein on, any Note, or any other amounts payable hereunder or under any other Note Document; provided that only the consent of the Required Holders shall be necessary to amend the definition of “Default Rate” or to waive any obligation of the Issuer to pay interest at the Default Rate; (c) change Section 2.07 or any other provision herein in a manner that would alter the pro rata sharing of payments required thereby; (d) change any provision of this Section or the definition of “Required Holders” or any other provision hereof specifying the number, identity or percentage of Holders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder; (e) release all or substantially all of the Collateral securing the Notes or release all or substantially all of the Guarantors from their obligations under the Note Documents; (f) alter any provisions, or waive any payment, with respect to any prepayment or redemption of the Notes, including providing for any such prepayment or redemption on any basis other than pro rata based on the Total Outstandings; (g) waive a Default or an Event of Default in the payment of principal of, or interest or premium, if any, on the Notes; (h) make any Note payable in any currency other than U.S. Dollars; (i) impair the right of any Holder to institute suit for the enforcement of any payment on or with respect to the Notes; and (j) except as expressly permitted herein, consent to the assignment or transfer by any Note Party of any of their rights or obligations under this Agreement or any other Note Document; and provided, further, that no amendment, waiver or consent shall, unless in writing and signed by the Collateral Agent or the Administrative Holder in addition to the Holders required above and the Issuer, affect the rights or duties of the Collateral Agent or the Administrative Holder respectively under this Agreement or any other Note Document.
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