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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Interest Period” means, in the case of any Eurodollar Rate Loan, (a) initially, the period commencing on the date such Eurodollar Rate Loan is made or on the date of conversion of a Base Rate Loan to such Eurodollar Rate Loan and ending one, two, three or six months thereafter (or with the consent of all applicable
Lenders, ending nine or twelve months thereafter), as selected by Arby’s Opco Borrower or a Co-Borrower, as applicable, in its Notice of Borrowing or Notice of Conversion or Continuation given to the Administrative Agent pursuant to Section 2.2 or 2.11, and (b) thereafter, if such Loan is continued, in whole or in part, as a Eurodollar Rate Loan pursuant to
Section 2.11, a period commencing on the last day of the immediately preceding Interest Period therefor and ending one, two, three or six months thereafter (or with the consent of all Lenders, ending nine or twelve months thereafter), as selected by Arby’s Opco Borrower or a Co-Borrower, as applicable, in its Notice of Conversion or Continuation given to the Administrative Agent pursuant to Section
2.11; provided,however, that all of the foregoing provisions relating to Interest Periods in respect of Eurodollar Rate Loans are subject to the following:
(i) if any Interest Period would otherwise end on a day that is not a Business Day, such Interest Period shall be extended to the next succeeding Business Day, unless the result of such extension would be to extend such Interest Period into another calendar month, in which event such Interest Period shall end on the immediately preceding Business Day; (ii) any Interest Period that begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (iii) Arby’s Opco Borrower or any Co-Borrower, as the case may be, may not select any Interest Period that ends after the date of a scheduled principal payment on the Loans as set forth in Article II unless, after giving effect to such selection, the aggregate
unpaid principal amount of the Loans for which Interest Periods end after such scheduled principal payment shall be equal to or less than the principal amount to which the Loans are required to be reduced after such scheduled principal payment is made; and (iv) there shall be outstanding at any one time no more than ten Interest Periods in the aggregate. The amendment to the Original Credit Agreement effected pursuant to this Agreement shall not affect any Interest Period for any Loans outstanding on the Restatement Effective Date. “ This excerpt taken from the WEN 8-K filed Jan 16, 2009. Interest Period”
means, with respect to a Eurodollar Advance, a period of one, two, three or six
months, commencing on a Business Day selected by the Borrower pursuant to this
Agreement. Such Interest Period shall end on but exclude the day which
corresponds numerically to such date one, two, three or six months thereafter,
provided,
however,
that if there is no such numerically corresponding day in such next, second,
third or sixth succeeding month, such Interest Period shall end on the last
Business Day of such next, second, third or sixth succeeding month. If an
Interest Period would otherwise end on a day which is not a Business Day, such
Interest Period shall end on the next succeeding Business Day, provided, however, that
if said next succeeding Business Day falls in a new calendar month, such
Interest Period shall end on the immediately preceding Business
Day.
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