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This excerpt taken from the WEN 8-K filed Jun 10, 2009. Sponsor”), as a
dividend;
WHEREAS,
in order to effect the foregoing, the Borrowers desire to make certain
amendments to the Credit Agreement and the Pledge and Security Agreement,
subject to the terms and conditions below; and
WHEREAS,
pursuant to Section 11.1 of the Credit Agreement the Lenders desire to enter
into this Amendment;
NOW,
THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree as follows:
SECTION ONE -
Amendments. Subject
to the satisfaction of the conditions set forth in Section Three
hereof:
“‘ This excerpt taken from the WEN 8-K filed Mar 12, 2009. Sponsor”), with and into RTMRG, followed immediately thereafter by a merger of RTMRG with and into Arby’s Restaurant, LLC, a Delaware limited liability company and a direct
wholly-owned subsidiary of Sponsor (“ | EXCERPTS ON THIS PAGE:
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