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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Cash Interest Expense” means, with respect to any Person for any period, the Interest Expense of such Person for such period less the sum of, without duplication and in each case determined on a Consolidated basis for such Person and its Subsidiaries (other than Unrestricted
Subsidiaries) and included in such sum only to the extent included in the calculation of Interest Expense, (a) the Non-Cash Interest Expense of such Person for such period, (b) any fees (including underwriting fees) and expenses paid by such Person or its Consolidated Subsidiaries (other than Unrestricted Subsidiaries) during such period in connection with the consummation of the RTM Acquisitions, (c) any upfront fees and other cash payments made during such period
by Arby’s Opco Borrower and/or a Co-Borrower as a condition to the execution of any Interest Rate Contract Arby’s Opco Borrower and/or a Co-Borrower are required to enter into pursuant to Section 7.14 to other parties to such Interest Rate Contract as consideration required by such other parties to enter into such Interest Rate Contract, (d) any fees paid during such period by or on behalf of Arby’s Opco
Borrower and/or a Co-Borrower to any Agent pursuant to any Fee Letter, (e) any Consolidated net cash gain of such Person and its Subsidiaries (other than Unrestricted Subsidiaries) under Interest Rate Contracts for such period, (f) any Consolidated interest income of such Person and its Subsidiaries (other than Unrestricted Subsidiaries) for such period, (g) any fees (including underwriting fees) and expenses paid by such Person or its Consolidated Subsidiaries (other than
Unrestricted Subsidiaries) during such period in connection with the consummation of any Permitted Acquisition or Sale of Business, and (h) interest expense in respect of the Securitization Notes.
Notwithstanding anything in the foregoing to the contrary, it is agreed that Cash Interest Expense of Arby’s Opco Borrower shall be (a) with respect to the four Fiscal Quarter period ending on October 2, 2005, Cash Interest Expense of Arby’s Opco Borrower for the Fiscal Quarter ending on such date, multiplied by four, (b) with respect to the four Fiscal Quarter period ending on January 1, 2006, Cash Interest Expense of Arby’s Opco Borrower for the Fiscal Quarter ending on such date and the immediately preceding Fiscal Quarter multiplied by two and (c) with respect to the four Fiscal Quarter period ending April 2, 2006, Cash Interest Expense of Arby’s Opco Borrower for the Fiscal Quarter ending on such date and the immediately preceding two Fiscal Quarters multiplied by one and one-third; provided that each such amount shall be determined on a Pro Forma Basis. “ |
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