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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Material Adverse Change” means a material adverse change in any of (a) the business, assets, operations, properties or condition (financial or otherwise) of Ultimate Parent Co-Borrower and its Restricted Subsidiaries taken as a whole, (b) the legality, validity or enforceability of any Loan Document or any material
right of an Agent or Lender therein or (c) the ability of any Loan Party to perform its respective obligations under the Loan Documents.
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