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This excerpt taken from the WEN 8-K filed Dec 27, 2007. Binding Effect. This Agreement has been, and each other Note
Document, when delivered hereunder, will have been, duly executed and delivered by or on behalf of each Note Party that is a party thereto. This Agreement constitutes, and each other Note Document when so delivered will constitute, a legal, valid
and binding obligation of each Note Party that is a party thereto, enforceable against such Note Party in accordance with its terms, subject to applicable Debtor Relief Laws and general principles of equity, regardless of whether considered in a
proceeding in equity or at law.
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