This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Potential Defaulting Lender” means, at any time, a Lender (i) as to which the Administrative Agent has notified a Borrower that an event of the kind referred to in the definition of “Lender Insolvency Event” has occurred and is continuing in respect of any financial institution affiliate of such Lender or (ii) as to which the Administrative Agent, an Issuer or the Swing Loan Lender has in good faith determined and notified a Borrower and (in the case of an Issuer or the Swing Loan Lender) the Administrative Agent that such Lender or its Parent Company or a financial institution affiliate thereof has notified the Administrative Agent, or has stated publicly, that it will not comply with its funding obligations under any other loan agree-
ment or credit agreement or other similar financing agreement. Any determination that a Lender is a Potential Defaulting Lender under any of clauses (i) and (ii) above will be made by the Administrative Agent or, in the case of clause (ii), an Issuer or the Swing Loan Lender, as the case may be, in its sole discretion acting in good faith. The Administrative Agent will promptly send to all parties hereto a copy of any notice to a Borrower provided for in this definition.