WEN » Topics » CONSENT OF NOTE PARTIES AND AGREEMENT TO BE BOUND

This excerpt taken from the WEN 8-K filed Dec 27, 2007.

CONSENT OF NOTE PARTIES AND AGREEMENT TO BE BOUND

                    Each of the undersigned Note Parties has read the foregoing Agreement and consents thereto and agrees to be bound thereby. Each of the undersigned Note Parties agrees not to take any action that would be contrary to the provisions of the foregoing Agreement and agrees that no Noteholder or Collateral Agent shall have any liability to any Note Party for acting in accordance with the provisions of the foregoing Agreement. Each Note Party understands that, other than Section 3.4 of, and the definition of Repriority Event under, the foregoing Agreement, the foregoing Agreement is for the sole benefit of Series B Holders and Series A Holders and Collateral Agent and their respective successors and assigns, and that other than with respect to Section 3.4 of, and the definition of Repriority Event under, the foregoing Agreement such Note Party is not an intended beneficiary or third party beneficiary thereof.

Dated as of December 21, 2007

DEERFIELD & COMPANY LLC
 
 
By:     /s/ Luke Knecht
  Name:            Luke Knecht
  Title: Chief Operating Officer
 
 
 
DFR MERGER COMPANY, LLC
 
 
By:     /s/ Luke Knecht
  Name:            Luke Knecht
  Title: Chief Operating Officer
 
 
 
DEERFIELD TRIARC CAPITAL CORP.
 
 
By:     /s/ Frederick L. White
  Name:            Frederick L. White
  Title: Senior Vice President, General
    Counsel and Secretary
 
 
 
DEERFIELD CAPITAL MANAGEMENT LLC
 
 
By:     /s/ Luke Knecht
  Name:            Luke Knecht
  Title: Chief Operating Officer

 



DEERFIELD TRIARC CAPITAL LLC
 
 
By:     /s/ Frederick L. White
  Name:            Frederick L. White
  Title: Senior Vice President, General
    Counsel and Secretary
 
 
 
DFR TRS I CORP.
 
 
By:     /s/ Frederick L. White
  Name:            Frederick L. White
  Title: Senior Vice President, General
    Counsel and Secretary
 
 
 
DFR COMPANY I LLC
 
 
By:     /s/ Frederick L. White
  Name:            Frederick L. White
  Title: Senior Vice President, General
    Counsel and Secretary

 

 



Wikinvest © 2006, 2007, 2008, 2009, 2010, 2011, 2012. Use of this site is subject to express Terms of Service, Privacy Policy, and Disclaimer. By continuing past this page, you agree to abide by these terms. Any information provided by Wikinvest, including but not limited to company data, competitors, business analysis, market share, sales revenues and other operating metrics, earnings call analysis, conference call transcripts, industry information, or price targets should not be construed as research, trading tips or recommendations, or investment advice and is provided with no warrants as to its accuracy. Stock market data, including US and International equity symbols, stock quotes, share prices, earnings ratios, and other fundamental data is provided by data partners. Stock market quotes delayed at least 15 minutes for NASDAQ, 20 mins for NYSE and AMEX. Market data by Xignite. See data providers for more details. Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Wikinvest.
Powered by MediaWiki