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This excerpt taken from the WEN 8-K filed Dec 27, 2007. Amendments to Merger Documentation. Amend, supplement or
otherwise modify (pursuant to a waiver or otherwise) the terms and conditions of the indemnities and licenses furnished to the Issuer or any of its Subsidiaries pursuant to the Merger Documentation such that after giving effect thereto such
indemnities or licenses shall be materially less favorable to the interests of the Holders with respect thereto.
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