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This excerpt taken from the WEN 8-K filed Mar 12, 2009. “New Entity” means (i) each Person that becomes a Loan Party on the Restatement Effective Date, (ii) a direct Subsidiary of each Person described in clause (i) that itself becomes a Loan Party after the Restatement Effective Date in accordance with the Loan Documents or (iii) a direct Subsidiary of each Person described in clause (ii) that
itself becomes a Loan Party after the Restatement Effective Date in accordance with the Loan Documents.
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