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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Disqualified Stock” means any Stock of any Person that, by its terms (or by the terms of any Security into which it is convertible or for which it is exchangeable, in either case at the option of the holder thereof) or otherwise, (a) matures or is mandatorily redeemable pursuant to a sinking fund obligation or
otherwise, (b) is or may become redeemable or repurchasable at the option of the holder thereof, in whole or in part, or (c) is Indebtedness or is convertible or exchangeable at the option of the holder thereof for Indebtedness or Disqualified Stock, in each of clauses (a), (b) and (c) coming due sooner than 180 days after the Term Loan Maturity Date; provided that only the portion of Stock which so matures or is
so mandatorily redeemable, is so convertible or exchangeable or is so redeemable at the option of the holder thereof prior to such date shall be deemed to be Disqualified Stock; provided, further, that any Stock that would constitute “Disqualified Stock” solely because the holders thereof have the right to require the issuer thereof (or any of its Subsidiaries) to
repurchase such Stock upon the occurrence of a change of control or asset sale shall not constitute Disqualified Stock if the terms of such Stock (and all such Securities into which it is convertible or for which it is exchangeable) provide that none of Parent or its Subsidiaries may repurchase or redeem any such Stock (or any such Securities into which it is convertible or for which it is exchangeable) pursuant to such provision prior to the payment in full of the Secured
Obligations.
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