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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Nominal Shares” means (a) for any Subsidiary of Ultimate Parent Co-Borrower that is not a Domestic Subsidiary, nominal issuances of Stock in an aggregate amount not to exceed 1.0% of the Stock and Stock Equivalents of such Subsidiary on a fully diluted basis and (b) in any case, directors’ qualifying shares,
in each case to the extent such issuances are required by applicable law.
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