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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Obligations” means the Loans, the Letter of Credit Obligations and all other amounts, obligations, covenants and duties owing by Arby’s Opco Borrower or any Co-Borrower (or any amount required to be paid by any Loan Party on behalf of Arby’s Opco Borrower or any Co-Borrower) to any Agent, any Lender, any Issuer,
any Affiliate of any of them or any Indemnitee, of every type and description (whether by reason of an extension of credit, opening or amendment of a letter of credit or payment of any draft drawn or other payment thereunder, loan, guaranty, indemnification or otherwise), present or future, arising under this Agreement or any other Loan Document, whether direct or indirect (including those acquired by assignment), absolute or contingent, due or to become due, now existing or
hereafter arising and however acquired and whether or not evidenced by any note, guaranty or other instrument or for
the payment of money, including all letter of credit, cash management and other fees, interest (including, without limitation, any interest that accrues after the commencement of any case, proceeding or other action relating to bankruptcy, insolvency, reorganization or similar proceeding of any Loan Party, whether or not a claim for such post-petition interest is allowed in any such proceeding), charges, expenses, attorneys’ fees and disbursements and other sums chargeable to Arby’s Opco Borrower or any Co-Borrower under this Agreement, or any other Loan Document and all obligations of the Borrowers under any Loan Document to provide cash collateral for any Letter of Credit Obligation. “ This excerpt taken from the WEN 8-K filed Jan 16, 2009. Obligations”
means the unpaid principal of and interest on (including interest accruing after
the maturity of the Loans and Reimbursement Obligations and interest accruing
after the filing of any petition in bankruptcy, or the commencement of any
insolvency, reorganization or like proceeding, relating to the Borrower, whether
or not a claim for post-filing or post-petition interest is allowed in such
proceeding) the Loans and all other obligations and liabilities of the Borrower
to the Agent, the Collateral Agent, any Arranger, any indemnitee under the
provisions of Section
10.6.2 or to any Lender (or, in the case of Specified Swap
Agreements, any affiliate of any Lender), whether direct or indirect, absolute
or contingent, due or to become due, or now existing or hereafter incurred,
which may arise under, out of, or in connection with, this Agreement, any other
Loan Document, the Letters of Credit, any Specified Swap Agreement or any other
document made, delivered or given in connection herewith or therewith, whether
on account of principal, interest, reimbursement obligations, fees, indemnities,
costs, expenses (including all fees, charges and disbursements of counsel to the
Agent, the Collateral Agent, any Arranger or to any Lender that are required to
be paid by any Group Member pursuant hereto) or otherwise.
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