This excerpt taken from the WEN 8-K filed Jun 10, 2009.
Collateral Agent”), BANK OF AMERICA, N.A. and CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as co-syndication agents for the Lenders and the Issuers, and WACHOVIA BANK, NATIONAL ASSOCIATION, SUNTRUST BANK and GE CAPITAL FRANCHISE FINANCE CORPORATION, as co-documentation agents for the Lenders and the Issuers and (ii) the Pledge and Security Agreement.
W I T N E S S E T H :
WHEREAS, Ultimate Parent Co-Borrower and certain of its Subsidiaries intend to enter into the 2009 Indenture (as defined below) pursuant to which Ultimate Parent Co-Borrower will issue the 2009 Notes (as defined below);
WHEREAS, Arby’s Opco Borrower and Holdco Co-Borrower intend to use a portion of the net proceeds of the issuance of the 2009 Notes to optionally prepay $125 million of Term Loans pursuant to Section 2.8(b) of the Credit Agreement (as such amount may be adjusted in accordance with Section 7.21 of the Credit Agreement, as amended by this Amendment);
WHEREAS, Ultimate Parent Co-Borrower may distribute all or a portion of the remaining net proceeds of the 2009 Notes to Wendy’s/Arby’s Group, Inc., a Delaware corporation (“
These excerpts taken from the WEN 8-K filed Mar 12, 2009.
as Collateral Agent
Dated as of July 25, 2005
Amended and Restated as of March 11, 2009
Collateral Agent” has the meaning specified in the preamble to this Agreement, and includes any successor collateral agent.
This excerpt taken from the WEN 8-K filed Jan 16, 2009.
Collateral Agent” means “Collateral Agent” as defined in the Guarantee and Collateral Agreement.