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WEN » Topics » Proposed Acquisition

This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Proposed Acquisition” means (a) the proposed acquisition by any Restricted Subsidiary of Ultimate Parent Co-Borrower of (i) all or substantially all of the assets (or any operating division, ingredient, formula, product line or brand) or Stock of any Person (including rights to a product line) or (ii) one or more existing Arby’s or Wendy’s locations, or (b) the merger of any Person with or into any Restricted Subsidiary of Ultimate Parent Co-Borrower (and, in the case of a merger with a Borrower, with such Borrower being the surviving corporation).

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