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These excerpts taken from the WEN 10-Q filed May 7, 2009. Deposit Account Control
Agreement” means a letter agreement, substantially in the form of Annex 1 (with
such changes as may be agreed to by the Collateral Agent) or such other form as
agreed to by the Collateral Agent, executed by the Grantor, the Collateral Agent
and the relevant financial institution.
“ Deposit
Account Control Agreement”). Capitalized terms used herein
shall have the meanings given to them in the Deposit Account Control
Agreement.
The
Collateral Agent hereby notifies you that, from and after the date of this
notice, you are hereby directed to transfer (by wire transfer or other method of
transfer mutually acceptable to you and the Collateral Agent) to the Collateral
Agent, in same day funds, on each business day, the entire balance in the
Account to the following account:
ABA
Number:_________________________________________
Name of
Bank:
Address:
Account
Name:________________________________________
Account
Number:_______________________________________
Reference:____________________________________________
Attn:________________________________________________
or to
such other account as the Collateral Agent may from time to time designate in
writing.
By: _________________________________________
Name:
Title:
Annex
2
to
Pledge
and Security Agreement
Form
of Securities Account Control Agreement
___________,
20__
[Name and
Address
of
Approved Securities
Intermediary]
Ladies
and Gentlemen:
The
undersigned ___________________ (the “ These excerpts taken from the WEN 8-K filed Mar 12, 2009. Deposit Account Control Agreement” has the meaning specified in the Pledge and Security Agreement.
“ Deposit Account Control
Agreement”). Capitalized terms used herein shall have the meanings given to them in the Deposit Account Control Agreement.
The Collateral Agent hereby notifies you that, from and after the date of this notice, you are hereby directed to transfer (by wire transfer or other method of transfer mutually acceptable to you and the Collateral Agent) to the Collateral Agent, in same day funds, on each business day, the entire balance in the Account to the following account:
Name of Bank: Address:
or to such other account as the Collateral Agent may from time to time designate in writing. Very truly yours,
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