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These excerpts taken from the WEN 10-Q filed May 7, 2009. Original
Credit Agreement”), among Holdco Co-Borrower, Parent, Borrower, CNAI as
administrative agent, the Lenders and Issuer party thereto, the Collateral
Agent, Bank of America, N.A. and Credit Suisse, Cayman Islands Branch, as
co-syndication agents, and Wachovia Bank, National Association, SunTrust Bank
and GE Capital Franchise Finance Corporation, as co-documentation agents, the
Lenders and the Issuer severally agreed to make extensions of credit to Holdco
Co-Borrower and Borrower upon the terms and subject to the conditions set forth
therein;
Whereas,
the Grantors other than Borrower are party to the Guaranty pursuant to which
they guaranteed the Secured Obligations; and
Whereas,
it was a condition precedent to the obligation of the Lenders and the Issuer to
make their respective extensions of credit to Holdco Co-Borrower and Borrower
under the Original Credit Agreement that the Grantors shall have executed and
delivered that certain pledge and security agreement, dated as of July 25, 2005,
among Borrower, Holdco Co-Borrower, Parent, and each of the other entities
listed on the signature pages thereof or that became a party thereto in favor of
CNAI as collateral agent prior to the Restatement Effective Date (the “ Original Credit Agreement” has
the meaning specified in the recitals hereto.
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