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This excerpt taken from the WEN 8-K filed Jan 16, 2009. Change” means
(i) any change after the Closing Date in the Risk-Based Capital Guidelines or
(ii) any adoption of, or change in, or change in the interpretation or
administration of any other Requirement of Law (excluding Certificates of
Incorporation and By-Laws or other organizational or governing documents)
(whether or not having the force of law) after the Closing Date which affects
the amount of capital required or expected to be maintained by any Lender or any
Lending Installation or any corporation controlling any
Lender. “ |
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