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.