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This excerpt taken from the WEN 8-K filed Jan 16, 2009. Market Disruption
Rate” means, for any day, a rate per annum (rounded upwards, if
necessary, to the next 1/16 of 1%) equal to, in the reasonable discretion of the
Agent, either (i) the Alternate Base Rate for such day or (ii) the rate for such
day reasonably determined by the Agent (after consultation with the Borrower) to
be the cost of funds of representative participating members in the interbank
eurodollar market selected by the Agent (which may include Lenders) for
maintaining loans similar to the relevant Market Disruption
Loans. Any change in the Market Disruption Rate shall be effective as
of the opening of business on the effective day of any change in the relevant
component of the Market Disruption Rate. Notwithstanding the
foregoing, if the “Market Disruption Rate” as determined in accordance with the
immediately preceding sentences is less than 3.25% for any Interest Period, then
for all purposes of this Agreement and the other Loan Documents, the “Market
Disruption Rate” shall be deemed equal to 3.25% for such Interest
Period.
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