AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT by and among WENDY’S INTERNATIONAL, INC., DAVCO ACQUISITION HOLDING INC., DAVCO RESTAURANTS, INC. and Others April 16, 2004Agreement and Consent to Assignment • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places • Ohio
Contract Type FiledJune 7th, 2004 Company Industry JurisdictionThis AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT (this “Amended Consent to Assignment” or this “Agreement”) is made in Dublin, Ohio, effective as of April 16, 2004, by and among WENDY’S INTERNATIONAL, INC., an Ohio corporation (“Wendy’s”); DAVCO ACQUISITION HOLDING INC., a Delaware corporation (“DavCo Restaurants”); DAVCO RESTAURANTS, INC., a Delaware corporation (“DavCo Operations”); HARVEY ROTHSTEIN, individually (“Rothstein”); RONALD D. KIRSTIEN, individually (“Kirstien”); DAVID J. NORMAN, individually (“Norman”); JOSEPH F. CUNNANE, III, individually (“Cunnane”); RICHARD H. BORCHERS, individually (“Borchers”); HARVEY ROTHSTEIN, in his capacity as sole trustee of each of the JONATHAN ROTHSTEIN TRUST, the PATRICK DREWS TRUST and the SEAN DREWS TRUST (individually and collectively, the “Rothstein Trusts”); RONALD D. KIRSTIEN, in his capacity as sole trustee of the KIRSTIEN FAMILY TRUST (the “Kirstien Trust” and collectively with the Rothstein Trusts, the “Trusts”); and CIT
AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT by and among WENDY’S INTERNATIONAL, INC., DAVCO ACQUISITION HOLDING INC., DAVCO RESTAURANTS, INC. and Others April 16, 2004Agreement and Consent to Assignment • June 4th, 2004 • Davco Acquisition Holding Inc • Retail-eating places • Ohio
Contract Type FiledJune 4th, 2004 Company Industry JurisdictionThis AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT (this “Amended Consent to Assignment” or this “Agreement”) is made in Dublin, Ohio, effective as of April 16, 2004, by and among WENDY’S INTERNATIONAL, INC., an Ohio corporation (“Wendy’s”); DAVCO ACQUISITION HOLDING INC., a Delaware corporation (“DavCo Restaurants”); DAVCO RESTAURANTS, INC., a Delaware corporation (“DavCo Operations”); HARVEY ROTHSTEIN, individually (“Rothstein”); RONALD D. KIRSTIEN, individually (“Kirstien”); DAVID J. NORMAN, individually (“Norman”); JOSEPH F. CUNNANE, III, individually (“Cunnane”); RICHARD H. BORCHERS, individually (“Borchers”); HARVEY ROTHSTEIN, in his capacity as sole trustee of each of the JONATHAN ROTHSTEIN TRUST, the PATRICK DREWS TRUST and the SEAN DREWS TRUST (individually and collectively, the “Rothstein Trusts”); RONALD D. KIRSTIEN, in his capacity as sole trustee of the KIRSTIEN FAMILY TRUST (the “Kirstien Trust” and collectively with the Rothstein Trusts, the “Trusts”); and CIT