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WEN » Topics » Time of the Essence

This excerpt taken from the WEN 8-K filed Dec 27, 2007.
  Time of the Essence. For all payments to be made and all obligations to be performed under the Note Documents, time is of the essence.

[Remainder of Page Intentionally Left Blank]

 

 

 

 

58

          IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.

PARENT:
 
DEERFIELD TRIARC CAPITAL CORP.
 
By:   /s/ Frederick L. White
  Name: Frederick L. White
  Title: Senior Vice President, General
    Counsel and Secretary
 
ISSUER:
 
DEERFIELD & COMPANY LLC
 
By:     /s/ Luke D. Knecht
  Name:            Luke D. Knecht
  Title: Chief Operating Officer
 
 
DFR MERGER COMPANY LLC
 
By:   /s/ Luke D. Knecht
  Name: Luke D. Knecht
  Title: Chief Operating Officer

 

 

 

 

 

 

 


[SIGNATURE PAGE TO SERIES A NOTE AGREEMENT]

PURCHASERS:
 
TRIARC DEERFIELD HOLDINGS, LLC
 
By:   /s/ Francis T. McCarron           
  Name: Francis T. McCarron
  Title: Executive Vice President
 
 
 
 
JONATHAN TRUTTER
/s/ Jonathan Trutter
 
 
 
 
PAULA HORN
/s/ Paul Horn
 
 
 
 
JOHN K. BRINCKERHOFF AND LAURA R.
BRINCKERHOFF REVOCABLE TRUST
 
By:     /s/ John K. Brinckerhoff
  Name:            John K. Brinckerhoff
  Title: Trustee

 

 

 

 


[SIGNATURE PAGE TO SERIES A NOTE AGREEMENT]

COLLATERAL AGENT:
 
TRIARC DEERFIELD HOLDINGS, LLC
 
By:   /s/ Francis T. McCarron           
  Name:            Francis T. McCarron
  Title: Executive Vice President
 
 
 
ADMINISTRATIVE HOLDER:
TRIARC DEERFIELD HOLDINGS, LLC
 
By:     /s/ Francis T. McCarron
  Name:            Francis T. McCarron
  Title: Executive Vice President

 

 

 

 

 

 

 


[SIGNATURE PAGE TO SERIES A NOTE AGREEMENT]

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