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This excerpt taken from the WEN 10-K filed Apr 3, 2006. Item 9B. Other Information. Not applicable. PART III The information required by items 10, 11, 12, 13 and 14 will be furnished on or prior to May 1, 2006 (and is hereby incorporated by reference) by an amendment hereto or pursuant to a definitive proxy statement involving the election of directors pursuant to Regulation 14A that will contain such information. Notwithstanding the foregoing, information appearing in the sections “Executive Compensation Report of the Compensation Committee and Performance Compensation Subcommittee,” “Audit Committee Report” and “Stock Price Performance Graph” shall not be deemed to be incorporated by reference in this Form 10-K. 155
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