EX-10.1
from 8-K
153 pages
Amended and Restated Credit Agreement Dated as of May 16, 2013 Among Wendy’s International, Inc., as the Borrower, Wells Fargo Bank, National Association as Syndication Agent Fifth Third Bank, the Huntington National Bank, and Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Co-Documentation Agents Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and the Other Lenders Party Hereto Bank of America, N.A. Wells Fargo Securities, LLC as Joint Lead Arrangers and Joint Book Managers
12/34/56
EX-10.1
from 8-K
165 pages
Credit Agreement Dated as of May 15, 2012 Among Wendy’s International, Inc., as the Borrower, Wells Fargo Bank, National Association as Syndication Agent Fifth Third Bank, the Huntington National Bank, and Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch as Co-Documentation Agents Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and the Other Lenders Party Hereto Bank of America, N.A. Wells Fargo Securities, LLC as Joint Lead Arrangers and Joint Book Managers
12/34/56
EX-10.1
from 8-K
137 pages
Credit Agreement Dated as of May 24, 2010 Among Wendy’s/Arby’s Restaurants, LLC, as the Borrower, Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, Citicorp North America, Inc. as Syndication Agent and L/C Issuer, Wells Fargo Bank, National Association, as Documentation Agent and L/C Issuer, and the Other Lenders Party Hereto Banc of America Securities LLC and Citigroup Global Markets Inc., as Joint Lead Arrangers and Joint Book Managers Wells Fargo Securities, LLC, as Co-Manager
12/34/56
EX-10.1
from 8-K
106 pages
Credit Agreement Dated as of January 14, 2009 Among Wendy’s International Holdings, LLC, as Holdings, Wendy’s International, Inc., as the Borrower the Lenders From Time to Time Parties Hereto, Jpmorgan Chase Bank, N.A., as Administrative Agent, Bank of America, N.A., as Syndication Agent and Wachovia Bank, National Association, as Documentation Agent J.P. Morgan Securities Inc., Banc of America Securities LLC and Wachovia Capital Markets LLC, as Joint Lead Arrangers and Joint Bookrunners
12/34/56
EX-10.1D1
from 8-K
1 page
Exhibit D1 Borrowing Base Certificate I. Book Value of Receivables of the Obligors $ II. Aggregate Ineligible Receivables ((A)+(b)+(c)+(d)+(e)+(f)+(g)) $ (A) Over 90 Days Aged Receivables $ (B) Uninsured Foreign Receivables $ (C) Bankrupt Receivables $ (D) Disputed Receivables $ (E) Portion of Receivables Subject to Set-Off $ (Including Distributor Reimbursements) (F) Over 90 Days Cross-Aged Receivables $ (G) Other Ineligible Receivables (See Attached)$ III. Eligible Receivables (I-II) $ IV. Book Value of Inventory of the Obligors $ V. Aggregate Ineligible Inventory ((A)+(b)+(c)) $ (A) Foreign Inventory $ (B) Unsalable Inventory $ (C) Unusable Supplies $ VI. Eligible Inventory (IV-V) $ VII. Total Borrowing Base ((Iii*.80)+(vi*.50)) $ VIII. Total Revolving Credit Commitments $ IX. Availability (Lesser of VII and VIII) $ X. Total Revolving Credit Loans Outstanding $ XI. Total Letter of Credit Obligations Outstanding $ XII. Unused Portion of the Borrowing Base Availability (IX-X-XI) (If Negative, Our Check for Said Amount Is Attached) $ I, [ ], the [ ] of Mistic Brands, Inc., in My Capacity as Such, Hereby Certify That, to the Best of My Knowledge, the Information Contained Herein Is True and Correct and No Default Has Occurred and Is Continuing on the Date Hereof. Date: [ ] [__], 199[_] Mistic Brands, Inc. By: Name: Title: <page>
12/34/56