AMENDMENT NO. 2
EX-10.1 2 ex101amendmentno2creditagr.htm AMENDMENT NO.2 AMENDED & RESTATED CREDIT AGREEMENT Ex 10.1 Amendment No. 2 Credit Agreement
EXHIBIT 10.1
AMENDMENT NO. 2
AMENDMENT NO. 2 (this “Amendment”), dated as of September 12, 2014, to that certain Amended and Restated Credit Agreement, dated as of May 16, 2013 (the “Credit Agreement”, with capitalized terms used herein and not defined herein having the meanings assigned to therein), among Wendy’s International, LLC, an Ohio limited liability company (f/k/a Wendy’s International, Inc.) (the “Borrower”), each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, Wells Fargo Bank, National Association, as Syndication Agent, and Fifth Third Bank, The Huntington National Bank, and Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Nederland”, New York Branch, as Co-Documentation Agents.
W I T N E S S E T H :
WHEREAS, pursuant to Section 10.01 of the Credit Agreement, the Borrower and the Required Lenders agree to the amendment of the Credit Agreement as set forth herein.
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 Two hereof:
(i) The definition of “Hedge Bank” in Section 1.01 of the Credit Agreement is hereby amended by deleting “an interest rate” immediately prior to the phrase “Swap Contract” therein and adding “any” prior to such phrase.
(ii) The definition of “Secured Hedge Agreement” in Section 1.01 of the Credit Agreement is hereby amended by deleting “interest rate” immediately prior to the phrase “Swap Contract” therein.
SECTION TWO - Conditions to Effectiveness. This Amendment shall become effective when, and only when, the Administrative Agent shall have received counterparts of this Amendment executed by the Required Lenders and the Borrower. The effectiveness of this Amendment (other than Sections Five, Six and Seven hereof) is conditioned upon the accuracy of the representations and warranties set forth in Section Three hereof.
SECTION THREE - Representations and Warranties. The Borrower represents and warrants to the Administrative Agent and the Lenders that both before and after giving effect to this Amendment, (x) no Default has occurred and is continuing; and (y) the representations and warranties of the Borrower and each other Loan Party contained in Article V of the Credit Agreement or any other Loan Document, or which are contained in any document that has been furnished at any time under or in connection with any Loan Document, are true and correct in all
material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” is true and correct in all respects) on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” is true and correct in all respects) as of such earlier date, and except that, the representations and warranties contained in Sections 5.05(a) and (b) of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to Sections 6.01(a) and (b) of the Credit Agreement, respectively.
SECTION FOUR - Reference to and Effect on the Credit Agreement. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, as specifically amended by this Amendment, and each other Loan Document are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Loan Parties under the Loan Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute an amendment or waiver of any provision of any of the Loan Documents.
SECTION FIVE - Costs, Expenses and Taxes. The Borrower agrees to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment and the other instruments and documents to be delivered hereunder, if any (including, without limitation, the reasonable fees and expenses of counsel) in accordance with the terms of Section 10.04 of the Credit Agreement.
SECTION SIX - Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by facsimile or electronic transmission shall be effective as delivery of a manually executed counterpart of this Amendment.
SECTION SEVEN - Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York.
[SIGNATURE PAGE FOLLOWS]
-2-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered as of the day and year first above written.
WENDY’S INTERNATIONAL, LLC
By: | /s/ Gavin P. Waugh |
Name: Gavin P. Waugh | |
Title: VP & Treasurer | |
[Wendy’s Amendment No. 2]
Accepted and Agreed:
BANK OF AMERICA, N.A.,
as Administrative Agent
By: | /s/ Nicholas Cheng |
Name: Nicholas Cheng | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
AIB DEBT MANAGEMENT LIMITED,
as a Lender
By: | /s/ Donna Cleary |
Name: Donna Cleary | |
Title: Vice President Investment Advisor to AIB Debt Management, Limited | |
By: | /s/ Roisin O’Connell |
Name: Roisin O’Connell | |
Title: Senior Vice President Investment Advisor to AIB Debt Management, Limited | |
[Wendy’s Amendment No. 2 to ARCA]
Hewett’s Island CLO I-R, Ltd., as a Lender
By: Acis Capital Management, LP,
its Collateral Manager
its Collateral Manager
By: Acis Capital Management GP, LLC,
its General Partner
its General Partner
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
AOZORA BANK, LTD, as a Lender
By: | /s/ Hiroshi Matsumoto |
Name: Hiroshi Matsumoto | |
Title: Deputy General Manager | |
[Wendy’s Amendment No. 2 to ARCA]
AZB FUNDING, as a Lender
By: | /s/ Hiroshi Matsumoto |
Name: Hiroshi Matsumoto | |
Title: Deputy General Manager | |
[Wendy’s Amendment No. 2 to ARCA]
Bank of America, N.A., as a Lender
By: | /s/ Jonathan Barnes |
Name: Jonathan Barnes | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
The Bank of Tokyo-Mitsubishi UFJ, Ltd.,
as a Lender
as a Lender
By: | /s/ Christine Howatt |
Name: Christine Howatt | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Ironshore Inc., as a Lender
By: BlackRock Financial Management, Inc.,
its Investment Advisor
its Investment Advisor
By: | /s/ Dale J. Fieffe |
Name: Dale Fieffe | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Permanens Capital Floating Rate Fund LP,
as a Lender
as a Lender
By: BlackRock Financial Management, Inc.,
its Sub-Advisor
its Sub-Advisor
By: | /s/ Dale J. Fieffe |
Name: Dale Fieffe | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
BMO Harris Bank, N.A., as a Lender
By: | /s/ Elizabeth Kurtti |
Name: Elizabeth Kurtti | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
Carlyle Daytona CLO, Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Carlyle High Yield Partners IX, Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Carlyle High Yield Partners VIII, Ltd.,
as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Carlyle High Yield Partners X, Ltd.,
as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Carlyle McLaren CLO, Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Foothill CLO I, Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Mountain Capital CLO VI Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
Churchill Financial Cayman Ltd., as a Lender
By: | /s/ Linda Pace |
Name: Linda Pace | |
Title: Managing Director | |
[Wendy’s Amendment No. 2]
CIT Finance LLC, as a Lender
By: | /s/ Renee M. Singer |
Name: Renee M. Singer | |
Title: Managing Director | |
[Wendy’s Amendment No. 2 to ARCA]
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK, B.A., “RABOBANK
NEDERLAND” New York Branch, as a Lender
NEDERLAND” New York Branch, as a Lender
By: | /s/ Peter Duncan |
Name: Peter Duncan | |
Title: Managing Director | |
By: | /s/ James Purky |
Name: James Purky | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
Credit Suisse Loan Funding LLC, as a Lender
By: | /s/ Michael Wotanowski |
Name: Michael Wotanowski | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender
By: | /s/ Bill O’Daly |
Name: Bill O’Daly | |
Title: Authorized Signatory | |
By: | /s/ Stanley Tran |
Name: Stanley Tran | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Spring Road CLO 2007 - 1, LTD.,
as a Lender
By: Denali Capital LLC, managing member of
DC Funding Partners LLC,
Collateral Manager
By: | /s/ Kelli C. Marti |
Name: Kelli Marti | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2]
DENALI CAPITAL CLO VI, LTD., as a Lender
By: Denali Capital LLC, managing member of
DC Funding Partners LLC, collateral manager
By: | /s/ Kelli C. Marti |
Name: Kelli Marti | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2]
DENALI CAPITAL CLO VII, LTD., as a Lender
By: Denali Capital LLC, managing member of
DC Funding Partners LLC, collateral manager
By: | /s/ Kelli C. Marti |
Name: Kelli Marti | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2]
DENALI CAPITAL CLO X, LTD., as a Lender
By: Denali Capital LLC, managing member of
DC Funding Partners LLC, portfolio manager for DENALI CAPITAL CLO X, LTD.
By: | /s/ Kelli C. Marti |
Name: Kelli Marti | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2]
FIFTH THIRD BANK, as a Lender
By: | /s/ Michael J. Schaltz, Jr. |
Name: Michael J. Schaltz, Jr. | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
FIRST COMMONWEALTH BANK, as a Lender
By: | /s/ Stephen J. Orban |
Name: Stephen J. Orban | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
Advanced Series Trust – AST Goldman Sachs
Multi-Asset Portfolio
Multi-Asset Portfolio
By: | Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender |
By: | /s/ Michelle Latzoni |
Name: Michelle Latzoni | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
Goldman Sachs Lux Investment Funds for the
benefit of Goldman Sachs High Yield Floating Rate Portfolio (Lux)
benefit of Goldman Sachs High Yield Floating Rate Portfolio (Lux)
By: | Goldman Sachs Asset Management, L.P. solely as its investment advisor and not as principal, as a Lender |
By: | /s/ Michelle Latzoni |
Name: Michelle Latzoni | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
ABS Loans 2007 Limited, a subsidiary of
Goldman Sachs Institutional Funds II PLC,
as a Lender
By: | /s/ Martin McAnaney |
Name: Martin McAnaney | |
Title: Authorised Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
GOLDMAN SACHS ASSET MANAGEMENT CLO, PUBLIC LIMITED COMPANY
By: Goldman Sachs Asset Manager, L.P.,
as Manager, as a Lender
as Manager, as a Lender
By: | /s/ Michelle Latzoni |
Name: Michelle Latzoni | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
Goldman Sachs Collective Trust High Yield
Implementation Vehicle by The Goldman Sachs Trust Company, NA, as a Lender
Implementation Vehicle by The Goldman Sachs Trust Company, NA, as a Lender
By: | /s/ Michelle Latzoni |
Name: Michelle Latzoni | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
Goldman Sachs Trust on behalf of the Goldman Sachs High Yield Floating Rate Fund
By: Goldman Sachs Asset Management, L.P. as
investment advisor and not as principal,
investment advisor and not as principal,
as a Lender
By: | /s/ Michelle Latzoni |
Name: Michelle Latzoni | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2 to ARCA]
Aberdeen Loan Funding, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
ACIS CLO 2013-1 LTD., as a Lender
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
ACIS CLO 2013-2 LTD, as a Lender
By: Acis Capital Management, L.P.,
its Portfolio Manager
By: Acis Capital Management GP, LLC,
its General Partner
its General Partner
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
ACIS CLO 2014-3, LTD., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Brentwood CLO, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Eastland CLO, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Grayson CLO, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Greenbriar CLO, LTD., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Rockwall CDO II Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Stratford CLO, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Westchester CLO, Ltd., as a Lender
By: Highland Capital Management, L.P.,
as Collateral Manager
By: | /s/ Carter Chism |
Name: Carter Chism | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
The Huntington National Bank, as a Lender
By: | /s/ Amanda M. Sigg |
Name: Amanda M. Sigg | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
ING Capital LLC, as a Lender
By: | /s/ Daniel W. Lamprecht |
Name: Daniel W. Lamprecht | |
Title: Managing Director | |
ING Capital LLC, as a Lender
By: | /s/ Evelin Herrera |
Name: Evelin Herrera | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
Ballantyne Funding LLC, as a Lender
By: | /s/ Jonathan Barnes |
Name: Jonathan Barnes | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
RAYMOND JAMES BANK, N.A., as a Lender
By: | /s/ Joseph A. Ciccolini |
Name: Joseph A. Ciccolini | |
Title: Vice President – Senior Corporate Banker | |
[Wendy’s Amendment No. 2]
REGIONS BANK, as a Lender
By: | /s/ Jay R. Goldstein |
Name: Jay R. Goldstein | |
Title: SVP | |
[Wendy’s Amendment No. 2]
Royal Bank of Canada, as a Lender
By: | /s/ Michael G. Wang |
Name: Michael G. Wang | |
Title: Vice President | |
[Wendy’s Amendment No. 2 to ARCA]
Saratoga Investment Corp CLO 2013-1, Ltd.,
as a Lender
By: | /s/ Pavel Antonov |
Name: Pavel Antonov | |
Title: Attorney-In-Fact | |
[Wendy’s Amendment No. 2 to ARCA]
AZL T. Rowe Price Capital Appreciation Fund,
as a Lender
By: T. Rowe Price Trust Company,
as investment sub-advisor
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
ING Investors Trust – ING
T. Rowe Price Capital Appreciation Portfolio,
as a Lender
By: T. Rowe Price Associates, Inc.,
as investment advisor
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
John Hancock Funds II – Capital Appreciation
Value Fund, as a Lender
By: T. Rowe Price Associates, Inc.,
as investment sub-advisor
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
John Hancock Variable Insurance Trust –
Capital Appreciation Value Trust, as a Lender
By: T. Rowe Price Associates, Inc.,
as investment sub-advisor
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
T. Rowe Price Capital Appreciation Fund,
as a Lender
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
Penn Series Funds, Inc. – Flexibly Managed Fund,
as a Lender
By: T. Rowe Price Associates, Inc.,
as investment advisor
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
T. Rowe Price Capital Appreciation Trust,
as a Lender
By: | /s/ Brian Burns |
Name: Brian Burns | |
Title: Vice President | |
[Wendy’s Amendment No. 2]
TRISTATE CAPITAL BANK, as a Lender
By: | /s/ Paul J. Oris |
Name: Paul J. Oris | |
Title: Senior Vice President | |
[Wendy’s Amendment No. 2]
WELLS FARGO BANK, N.A., as a Lender
By: | /s/ Darcy McLaren |
Name: Darcy McLaren | |
Title: Director | |
[Wendy’s Amendment No. 2]
Advanced Series Trust – AST Western Asset Core Plus Bond Portfolio, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Allegheny Technologies Incorporated Master
Pension Trust, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
California State Teachers’ Retirement System, as a Lender
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Dow Retirement Group Trust, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Employees’ Retirement System of the State of Rhode Island, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
John Hancock Fund II Floating Rate Income Fund, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Legg Mason Western Asset Senior Loans Fund,
as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
LMP Corporate Loan Fund, Inc., as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
MassMutual Select Strategic Bond Fund,
as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
MT. WILSON CLO II, LTD., as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Pacific Select Fund - Diversified Bond Portfolio, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
SEI Institutional Managed Trust’s Core Fixed
Income, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Shell Pension Trust, as a Lender
By: Western Asset Management Company
as Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
The Walt Disney Company Retirement Plan Master Trust, as a Lender
By: Western Asset Management Company as
Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Western Asset Bank Loan (Offshore) Fund,
as a Lender
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Western Asset Bank Loan (Multi-Currency)
Master Fund, as a Lender
By: Western Asset Management Company
as Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Western Asset Floating Rate High Income
Fund, LLC, as a Lender
By: Western Asset Management Company
as Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Western Asset Funds, Inc. - Western Asset Core Plus Bond Portfolio, as a Lender
By: Western Asset Management Company
as Investment Manager and Agent
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
Western Asset Trichrome Fund, as a Lender
By: | /s/ Eiki Hatakeyama |
Name: Eiki Hatakeyama | |
Title: Authorized Signatory | |
[Wendy’s Amendment No. 2]
