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This excerpt taken from the WEN 8-K filed Mar 12, 2009. Unfinanced Capital Expenditures” means, with respect to any Person for any period, the Capital Expenditures of such Person in such period other than the portion of such Capital Expenditures financed with the Net Cash Proceeds of (a) Capital Leases or other Indebtedness (other than Revolving Loans) of Ultimate Parent
Co-Borrower or any Restricted Subsidiary, (b) Equity Issuances or (c) Reinvestment Events; provided, however, that (x) in the case of Capital Leases, Indebtedness and Equity Issuances, the incurrence thereof is permitted under this
Agreement and the receipt of such Net Cash Proceeds does not cause a mandatory prepayment of the Obligations pursuant to Section 2.9 and (y) in the case of Reinvestment Events, the financing of Capital Expenditures with the Net Cash Proceeds thereof is a Permitted Reinvestment of such Net Cash Proceeds permitted pursuant to Section 2.9(e). “ |
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