ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 12th, 2012 • Wendy's Co • Retail-eating & drinking places • Ohio
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of June 5, 2012, by and among WENDY'S INTERNATIONAL, INC., an Ohio corporation (“Wendy's”), and PISCES FOODS, L.P., a Texas limited partnership (“Pisces”), NEAR HOLDINGS, L.P., a Texas limited partnership (“Near Holdings”), (Pisces and Near Holdings are each a “Seller” and collectively “Sellers”), and DAVID JAMES NEAR, an owner of Sellers (“David”), and JASON WHITNEY NEAR, an owner of Sellers (“Jason” and, together with David, the “Owners” and each an “Owner”). Sellers and the Owners collectively are sometimes referred to herein as the “Selling Parties” and each individually as a “Selling Party.” The Selling Parties and Wendy's collectively are sometimes referred to herein as the “Parties” and each a “Party.”
