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WEN » Topics » Restricted Payment

This excerpt taken from the WEN 8-K filed Mar 12, 2009.
Restricted Payment” means (a) any dividend, distribution or other payment, whether direct or indirect, on account of any Stock or Stock Equivalent of Ultimate Parent Co-Borrower or any Restricted Subsidiary now or hereafter outstanding and (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any Stock or Stock Equivalent of Ultimate Parent Co-Borrower or any Restricted Subsidiary now or hereafter outstanding. For the avoidance of doubt, (i) payments made on the Initial Closing Date in connection with the Transactions and payments made on the Restatement Effective Date in connection with the New Transactions shall be deemed not to be Restricted Payments and (ii) Restricted Payments made under the Original Credit Agreement prior to the Restatement Effective Date shall not be Restricted Payments under this Agreement.

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