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This excerpt taken from the WEN 8-K filed Dec 21, 2007. pro rata share (based on the respective amounts paid to the Members pursuant to Section 3.2(a)) of all fees, costs and expenses incurred by or at the direction of the
Sellers’ Representative for the benefit of the Members hereunder including, for all fees, costs and expenses incurred by the Sellers’ Representative pursuant to this Agreement, the Note and the Registration Rights Agreement. The
Sellers’ Representative’s sole recourse against the Members under this Agreement shall be limited to the Sellers’ Representative Expense Fund.
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