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WEN » Topics » Requisite Lenders

This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Requisite Lenders” means, collectively, Revolving Credit Lenders and Term Loan Lenders having (a) before the Revolving Credit Termination Date, more than fifty percent (50%) of the sum of the aggregate Revolving Credit Commitments then outstanding, aggregate Term Loan Commitments then outstanding and aggregate principal amount of Term Loans then outstanding and (b) after the Revolving Credit Termination Date, more than fifty percent (50%) of the sum of the aggregate Revolving Credit Outstandings and the aggregate principal amount of all Term Loan Commitments and Term Loans then outstanding. Neither (i) any Non-Funding Lender, nor (ii) Sponsor, Ultimate Parent Co-Borrower, Holdco Co-Borrower, WII Co-Borrower, Parent, Arby’s Opco Borrower or any of their respective Affiliates or Subsidiaries, shall be included in the calculation of “Requisite Lenders.”

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