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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Equity Issuance” means any capital contribution to Holdco Co-Borrower prior to the Restatement Effective Date and Ultimate Parent Co-Borrower after the Restatement Effective Date from any of its holders of Stock or Stock Equivalents or any issue or sale of any Stock or Stock Equivalent of Holdco Co-Borrower prior to the
Restatement Effective Date and Ulti-
mate Parent Co-Borrower after the Restatement Effective Date by such entity to any Person other than any issuance of common Stock of Holdco Co-Borrower prior to the Restatement Effective Date and Ultimate Parent Co-Borrower after the Restatement Effective Date occurring in the ordinary course of business to any director, member of management or employee of Holdco Co-Borrower prior to the Restatement Effective Date and Ultimate Parent Co-Borrower after the Restatement Effective Date or any Subsidiary of the foregoing. “ |
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