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This excerpt taken from the WEN 8-K filed Jan 16, 2009. Contingent
Obligation” of a Person means any agreement, undertaking, commitment or
arrangement by which such Person assumes, guarantees, endorses, contingently
agrees to purchase or provide funds for the payment of, or otherwise becomes or
is contingently liable upon, the obligation or liability of any other Person for
Indebtedness, or agrees to maintain the net worth or working capital or other
financial condition of any other Person, or otherwise assures any creditor of
such other Person against loss, including, without limitation, any comfort
letter, operating agreement, take-or-pay contract or the obligations of any such
Person as general partner of a partnership with respect to the liabilities of
the partnership, minus in each case, the aggregate amount of any reserves
established for losses and obligations assigned to third parties.
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