|
|
 | | | |
- close
- close
- close
- close
| |||||||||
This excerpt taken from the WEN 8-K filed Jan 16, 2009. Transferee”) and
any prospective Transferee any and all information in such Lender’s possession
concerning the creditworthiness of the Loan Parties; provided that
each Transferee and prospective Transferee agrees in writing to be bound by
Section
10.11 of this Agreement.
13.5. Tax
Certifications. If any interest in any Loan Document is
transferred to any Transferee the transferor Lender shall cause such Transferee,
concurrently with the effectiveness of such transfer, to comply with the
provisions of Section
4.5.5.
NOTICES
14.1. Notices. Except as otherwise permitted by Section
2.15 with respect to borrowing notices, all notices,
requests and other communications to any party hereunder shall be in writing
(including electronic transmission, facsimile transmission or similar writing)
and shall be given to such party: (x) in the case of the Borrower, the Lenders
or the Agent, at its address or facsimile number set forth on the applicable
Administrative Questionnaire or signature pages hereof (or, with respect to any
Lender which is not a party hereto as of the Closing Date, at its address or
facsimile number set forth in any Assignment Agreement or Commitment and Acceptance) or,
(y) in the case of any party, at such other address or facsimile number as such
party may hereafter specify for the purpose by notice to the Agent and the
Borrower in accordance with the provisions of this Section
14.1. Each such notice, request or other
communication shall be effective (i) if given by facsimile transmission, when
transmitted to the facsimile number specified in this Section and confirmation
of receipt is received, (ii) if given by mail, 72 hours after such communication
is deposited in the mails with first class postage prepaid, addressed as
aforesaid, or (iii) if given by any other means, when delivered (or, in the case
of electronic transmission, received) at the address specified in this Section;
provided
that notices to the Agent under ARTICLE
II shall not be effective until
received.
14.2. Change of
Address.
The Borrower, the Agent and any Lender may each change the address for service
of notice upon it by a notice in writing to the other parties
hereto.
COUNTERPARTS
This Agreement may be executed in any number of
counterparts, all of which taken together shall constitute one agreement, and
any of the parties hereto may execute this Agreement by signing any such
counterpart. Subject to satisfaction of the conditions precedent in
Section
5.1, this Agreement shall be effective when it has been
executed by Holdings, the Borrower, the Agent and the Lenders and each party has
notified the Agent by facsimile transmission or telephone that it has taken such
action.
CHOICE
OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL
|
| |||||||
