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WEN » Topics » Permitted Non-Compliant Debt

This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Permitted Non-Compliant Debt” means Indebtedness listed on Schedule 7.11(a) in an aggregate principal amount not to exceed $7,500,000; provided that such Indebtedness shall constitute Permitted Non-Compliant Debt only if (i) the total Fair Market Value of all Prohibited Assets in respect of such Indebtedness does not exceed $7,500,000 and (ii) to the extent such Indebtedness is owed to General Electric Capital Corporation, General Motors Acceptance Corporation, The Bank of New York or any of their respective Affiliates, no default or event of default has occurred and is continuing under such Indebtedness.

 

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