-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Cowrpk5aJJiinaCvtXRo09sTehoKmws2DTFkjqz8GifcJfkY4lNaB2XNQic47f/r IwOelYHkcwP8lUC7Vg7m2g== 0000030697-03-000178.txt : 20030929 0000030697-03-000178.hdr.sgml : 20030929 20030929212142 ACCESSION NUMBER: 0000030697-03-000178 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20001031 FILED AS OF DATE: 20030929 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TRIARC COMPANIES INC CENTRAL INDEX KEY: 0000030697 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-26489 FILM NUMBER: 03916191 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 24TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 FORMER NAME: FORMER CONFORMED NAME: DWG CORP DATE OF NAME CHANGE: 19920703 FORMER NAME: FORMER CONFORMED NAME: DEISEL WEMMER GILBERT CORP DATE OF NAME CHANGE: 19680820 FORMER NAME: FORMER CONFORMED NAME: DWG CIGAR CORP DATE OF NAME CHANGE: 19680820 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ENCORE CAPITAL GROUP INC CENTRAL INDEX KEY: 0001084961 STANDARD INDUSTRIAL CLASSIFICATION: SHORT-TERM BUSINESS CREDIT INSTITUTIONS [6153] IRS NUMBER: 481090909 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 5775 ROSECOE COURT CITY: SAN DIEGO STATE: CA ZIP: 92123 BUSINESS PHONE: 8007590327 MAIL ADDRESS: STREET 1: 5775 ROSCOE COURT CITY: SAN DIEGO STATE: CA ZIP: 92123 FORMER COMPANY: FORMER CONFORMED NAME: MCM CAPITAL GROUP INC DATE OF NAME CHANGE: 19990430 FORMER COMPANY: FORMER CONFORMED NAME: MIDLAND CORP OF KANSAS DATE OF NAME CHANGE: 19990423 4 1 tri2.xml X0201 4 2000-10-31 0 0001084961 ENCORE CAPITAL GROUP INC (ECPG) 0000030697 TRIARC COMPANIES INC 280 PARK AVENUE NEW YORK NY 10017 0 0 1 0 Common Stock 2003-09-25 4 C 0 1745660 0 A 2281269 I By Corporation Common Stock 2003-09-25 4 S 0 256270 11.00 D 2024999 I By Corporation Common Stock 2003-09-25 4 X 0 101275 0.01 A 101275 D Common Stock 2003-09-29 4 J 0 101275 0 D 0 D Common Stock 2003-09-29 4 J 0 101275 0 A 101275 D Common Stock Warrants (right to buy) 0.01 2000-10-31 4 J 0 1275 0 A 2005-01-12 Common Stock 1275 101275 D Common Stock Warrants (right to buy) 0.01 2003-09-25 4 X 0 1275 0.01 D 2005-01-12 Common Stock 1275 100000 D Common Stock Warrants (right to buy) 0.01 2003-09-25 4 X 0 100000 0.01 D 2005-01-12 Common Stock 100000 0 D Series A Senior Cumulative Part Conv Pfd Stock 0.50 2003-09-25 4 C 0 174566 0 D Common Stock 1745660 0 I By Corporation In connection with an underwritten public offering (the Offering) of the Issuer's Common Stock, holders of Series A Senior Cumulative Participating Convertible Preferred Stock (the Series A Preferred Stock) entered into a Preferred Stock Conversion Agreement, whereby each share of Series A Preferred Stock will be converted into ten shares of the Issuer's Common Stock, without additional consideration, concurrently with the closing of the Offering, which is scheduled for October 1, 2003. On September 25, 2003, Madison West Associates Corp. (Madison West), a wholly-owned subsidiary of the the Reporting Person, entered into an Underwriting Agreement providing for the sale by Madison West of 256,270 shares of the Issuer's Common Stock. All such shares are held by Madison West. The Reporting Person disclaims beneficial ownership of these securities, and this report shall not be deemed an admission that the Reporting Person is the beneficial owner of such securities for purposes of Section 16 or for any other purpose. The Reporting Person has agreed to exercise the Common Stock warrants on September 30, 2003 and to contribute the shares of Encore Common Stock that it receives to Madison West, its wholly-owned subsidiary. Madison West has agreed to dividend to Triarc, its sole stockholder, 101,275 shares of Encore Common Stock that it currently holds upon receipt of the contribution by Triarc of shares of Encore Common Stock referred to in footnote (4). The Common Stock warrants were acquired pursuant to an anti-dilution adjustment to Common Stock warrants granted to the Reporting Person in January 2000 in consideration for the Reporting Person providing a guaranty of certain indebtedness of the Issuer. Immediately By: Stuart I. Rosen - Senior Vice President 2003-09-29 -----END PRIVACY-ENHANCED MESSAGE-----