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This excerpt taken from the WEN 10-Q filed May 7, 2009. payment in full” mean, with
respect to any Secured Obligation, the occurrence of all of the
following: (a) with respect to such Secured Obligations other
than (i) contingent indemnification obligations, Hedging Contract
Obligations and Cash Management Obligations not then due and payable and
(ii) to the extent covered by clause (b) below, obligations with
respect to undrawn Letters of Credit, payment in full thereof in cash (or
otherwise to the written satisfaction of the Secured Parties owed such Secured
Obligations), (b) with respect to any undrawn Letter of Credit, the
obligations under which are included in such Secured Obligations, (i) the
cancellation thereof and payment in full of all resulting Secured Obligations
pursuant to clause (a) above or (ii) the receipt of cash collateral
(or a backstop letter of credit in respect thereof on terms acceptable to the
applicable Issuer of the Letters of Credit and the Administrative Agent) in an
amount at least equal to 102% of the Letter of Credit Obligations for such
Letter of Credit and (c) if such Secured Obligations consist of all the
Secured Obligations under one or more Facilities, termination of all Commitments
and all other obligations of the Secured Parties in respect of such Facilities
under the Loan Documents.
“ These excerpts taken from the WEN 8-K filed Mar 12, 2009. payment in full” mean, with respect to any Secured Obligation, the occurrence of all of the following: (a) with respect to such Secured Obligations other than (i) contingent indemnification obligations, Hedging Contract Obligations and
Cash Management Obligations not then due and payable and (ii) to the extent covered by clause (b) below, obligations with respect to undrawn Letters of Credit, payment in full thereof in cash (or otherwise to the written satisfaction of the Secured Parties owed such Secured Obligations), (b) with respect to any undrawn Letter of Credit, the obligations under which are included in such Secured Obligations, (i) the cancellation thereof and payment in full of all resulting Secured
Obligations pursuant to clause (a) above or (ii) the receipt of cash collateral (or a backstop letter of credit in respect thereof on terms acceptable to the applicable Issuer of the Letters of Credit and the Administrative Agent) in an amount at least equal to 102% of the Letter of Credit Obligations for such Letter of Credit and (c) if such Secured Obligations consist of all the Secured Obligations under one or more Facilities, termination of all Commitments and all other
obligations of the Secured Parties in respect of such Facilities under the Loan Documents.
“ payment in full” mean, with respect to any Secured Obligation, the occurrence of all of the following: (a) with respect to such Secured Obligations other than (i) contingent indemnification obligations, Hedging Contract Obligations
and Cash Management Obligations not then due and payable and (ii) to the extent covered by clause (b) below, obligations with respect to undrawn Letters of Credit, payment in full thereof in cash (or otherwise to the written satisfaction of the Secured Parties owed such Secured Obligations), (b) with respect to any undrawn Letter of Credit, the obligations under which are included in such Secured Obligations, (i) the cancellation thereof and payment in full of
all resulting Secured Obligations pursuant to clause (a) above or (ii) the receipt of cash collateral (or a backstop letter of credit in respect thereof on terms acceptable to the applicable Issuer of the Letters of Credit and the Administrative Agent) in an amount at least equal to 102% of the Letter of Credit Obligations for such Letter of Credit and (c) if such Secured Obligations consist of all the Secured Obligations under one or more Facilities, termination of
all Commitments and all other obligations of the Secured Parties in respect of such Facilities under the Loan Documents.
This excerpt taken from the WEN 8-K filed Dec 27, 2007. “Payment in Full” or words to similar effect means the payment and performance in full in cash of all referenced Claims (other than contingent indemnification claims as to which no claim has been asserted), including, without limitation, principal,
interest, costs (including but not limited to post-petition interest, fees and costs even if such interest, fees and costs are not an allowed claim enforceable against any Note Party in a bankruptcy case under applicable law).
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