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WEN » Topics » further

This excerpt taken from the WEN 8-K filed Mar 12, 2009.
further

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that, to the extent that actual Capital Expenditures for the period from December 31, 2007 through December 28, 2008 referred to above in Section 5.4(a) shall be less than the maximum amount set forth above in Section 5.4(a) for such period (without giving effect to the proviso set forth in Section 5.4(a)), the difference between said stated maximum amount and such actual Capital Expenditures shall, in addition, be available for Capital Expenditures in the period from December 29, 2008 through January 3, 2010 referred to in this Section 5.4(b).

(c)       Ultimate Parent Co-Borrower, Holdco Co-Borrower and Parent shall not make any Capital Expenditures.

For the avoidance of doubt, with respect to all fiscal periods prior to December 28, 2008 Arby’s Opco Borrower and Holdco Co-Borrower covenant that Article V of the Original Credit Agreement shall have been and shall be complied with as if fully set forth herein.

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