This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Cash Investment”) in cash to the Sellers, which cash was used to fund a portion of the purchase price of the RTM Acquisitions on the Initial Closing Date;
WHEREAS, the RTM Refinancing and the ARG Refinancing were consummated on the Initial Closing Date, other than as provided in the definitions thereof;
WHEREAS, Arby’s Opco Borrower and Holdco Co-Borrower requested that the Lenders extend credit in the form of Term Loans on the Initial Closing Date and the Second Closing Date, in an aggregate principal amount not in excess of $620,000,000;
WHEREAS, Revolving Borrowers have requested that the Lenders extend credit in the form of Revolving Loans at any time and from time to time prior to the Revolving Credit Termination Date, in an aggregate principal amount at any time outstanding not in excess of $100,000,000;
WHEREAS, Revolving Borrowers have requested the Issuers to issue Letters of Credit, in an aggregate face amount at any time outstanding not in excess of $50,000,000, to support payment obligations incurred in the ordinary course of business by Ultimate Parent Co-Borrower and its Subsidiaries; and
WHEREAS the Lenders previously extended such credit to Arby’s Opco Borrower and Holdco Co-Borrower and the Issuers were willing to issue letters of credit for the account of Arby’s Opco Borrower on the terms and subject to the conditions set forth in a Credit Agreement dated as of July 25, 2005 (as amended up to, but not including, the date hereof, the “