WEN » Topics » Excluded Equity

This excerpt taken from the WEN 10-Q filed May 7, 2009.
Excluded Equity” means (i) any Voting Stock in excess of 65% of the total outstanding Voting Stock of any Foreign Non-Guarantor that is a direct Subsidiary of a Loan Party and all stock of any Foreign Non-Guarantor that is not a direct Subsidiary of a Loan Party, (ii) the Stock of PVAC, LLC, so long as the Constituent Documents of PVAC, LLC would prohibit the pledge of such Stock hereunder, (iii) the Stock of WNAP, (iv) the Stock of Foreign Non-Guarantors that are Subsidiaries of WII Co-Borrower if and only so long as such Subsidiaries are Immaterial Subsidiaries and (v) the Stock of Pasta Pomodoro, Inc., so long as the pledge of such Stock would constitute a “Qualified Transfer” under the Certificate of Designations of Series C Preferred Stock referred to in the Third Amended and Restated Stockholders’ Agreement, dated as of October 12, 2004, by and among Pasta Pomodoro, Inc. and the stockholders listed on the signature pages thereof.  For the purposes of this definition, “
This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Excluded Equity” means (i) any Voting Stock in excess of 65% of the total outstanding Voting Stock of any Foreign Non-Guarantor that is a direct Subsidiary of a Loan Party and all stock of any Foreign Non-Guarantor that is not a direct Subsidiary of a Loan Party, (ii) the Stock of PVAC, LLC, so long as the Constituent Documents of PVAC, LLC would prohibit the pledge of such Stock hereunder, (iii) the Stock of WNAP, (iv) the Stock of Foreign Non-Guarantors that are Subsidiaries of WII Co-Borrower if and only so long as such Subsidiaries are Immaterial Subsidiaries and (v) the Stock of Pasta Pomodoro, Inc., so long as the pledge of such Stock would constitute a “Qualified Transfer” under the Certificate of Designations of Series C Preferred Stock referred to in the Third Amended and Restated Stockholders’ Agreement, dated as of October 12, 2004, by and among Pasta Pomodoro, Inc. and the stockholders listed on the signature pages thereof. For the purposes of this definition, “

EXCERPTS ON THIS PAGE:

10-Q
May 7, 2009
8-K
Mar 12, 2009
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