144 1 tsai.txt SALE OF SHARES UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 144 NOTICE OF PROPOSED SALE OF SECURITIES PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933 ATTENTION: Transmit for filing 3 copies of this form concurrently with either placing an order with a broker to execute sale or executing a sale directly with a market maker. 1(a) Name of Issuer (please type or print) (b) IRS Ident.No. (c) S.E.C. File No. Triarc Companies, Inc. 38-0471180 1-2207 ----------------------------------------- ----------------- ------------------ 1(d) Address of Issuer Street City State Zip Code (e) Telephone No. 280 Park Avenue New York NY 10017 (212)451-3000 ------------------------------------------------------- --------------------- 2(a) Name of Person for (b) IRS (c) Relationship Whose Account the Ident. to Securities are to No. Issuer Be Sold Gerald Tsai, Jr. ###-##-#### Director ------------------------ ----------- ---------------- 2(d) Address Street City State Zip 781 Fifth Avenue New York NY 10022 -------------------------------------------------------------------- ------------------------------ OMB APPROVAL ------------------------------ OMB Number: 3235-0101 Expires: August 31, 2000 Estimated average burden hours per response........2.0 ------------------------------ ------------------------------ SEC USE ONLY ------------------------------ DOCUMENT SEQUENCE NO. ------------------------------ CUSIP NUMBER ------------------------------ WORK LOCATION ------------------------------ INSTRUCTION: The person filing this notice should contact the issuer to obtain the I.R.S. Identification Number and the S.E.C. File Number. 3(a) Title of (b) Name and SEC USE ONLY (c) Number the Class of Address of Broker-Dealer of Shares Securities Each Broker File Number or Other To be Sold Through Whom Units to the Securities be Sold are to be (See Instr. (c)) Offered or Each Market Maker who is Acquiring the Securities Class A Merril Lynch 14,210 Common Stock 360 Hamilton Rd. White Plains, NY 10601 ----------------- ------------------- ------------------ --------------------- 3(d) Aggregate (e) Number of (f) Approximate (g) Name of Market Value Shares or Date of Sale Each (See Instr. 3(d)) Other Units (See Instr. 3(f)) Securities Outstanding (Mo. Day Yr.) Exchange (See Instr.3(e)) (See Instr.3(g)) $358,802.50 20,275,678 07-11-01 New York Stock Exchange ---------- ------------------- ------------------ ------------- INSTRUCTIONS: 1. (a) Name of Issuer (b) Issuer's I.R.S. Identification Number (c) Issuer's S.E.C. file number, if any (d) Issuer's address, including zip code (e) Issuer's telephone number, including area code 2. (a) Name of person for whose account the securities are to be sold (b) Such person's I.R.S. identification number, if such person is an entity (c) Such person's relationship to the issuer (e.g., officer, director, 10% stockholder, or member of immediate family of any of the foregoing) (d) Such person's address, including zip code 3. (a) Title of the class of securities to be sold (b) Name and address of each broker through whom the securities are intended to be sold (c) Number of shares or other units to be sold (if debt securities, give the aggregate face amount) (d) Aggregate market value of the securities to be sold as of a specified date within 10 days prior to the filing of this notice (e) Number of shares or other units of the class outstanding, or if debt securities the face amount thereof outstanding, as shown by the most recent report or statement published by the issuer (f) Approximate date on which the securities are to be sold (g) Name of each securities exchange, if any, on which the securities are intended to be sold POTENTIAL PERSONS WHO ARE TO RESPOND TO THE COLLECTION OF INFORMATION CONTAINED IN THIS FORM ARE NOT REQUIRED TO RESPOND UNLESS THE FORM DISPLAYS A CURRENTLY VALID OMB CONTROL NUMBER. TABLE I - SECURITIES TO BE SOLD Furnish the following information with respect to the acquisition of the securities to be sold and with respect to the payment of all or any part of the purchase price or other consideration therefor: Title of Date you Nature of Acquisition Name of Person the Class Acquired Transaction From Whom Acquired (If gift, also give date donor acquired) Triarc Companies, Inc. Class A 7-1-94 through Common 6-6-01 Shares issued pursuant to Stock the Company's 1993 and 1998 Equity Participation Plan in lieu of Annual retainer and Board of Directors or Committee meeting attendance fees that would otherwise be payable in cash ------- -------------- ------------------------ --------------------- Amount of Date of Nature of Payment Securities Payment Acquired 14,210 (See above) -------- -------------- ------------------------------ INSTRUCTIONS: 1. If the securities were purchased and full payment therefor was not made in cash at the time of purchase, explain in the table or in a note thereto the nature of the consideration given. If the consideration consisted of any note or other obligation, or if payment was made in installments describe the arrangement and state when the note or other obligation was discharged in full or the last installment paid. 2. If within two years after the acquisition of the securities the person for whose account they are to be sold had any short positions, put or other option to dispose of securities referred to in paragraph (d)(3) of Rule 144, furnish full information with respect thereto. TABLE II - SECURITIES SOLD DURING THE PAST 3 MONTHS Furnish the following information as to all securities of the issuer sold during the past 3 months by the person for whose account the securities are to be sold. Name and Address Title of Date Amount of Gross Of Seller Securities of Securities Proceeds Sold Sale Sold NONE ------------------------ ---------- --------- ---------- ----------- REMARKS: INSTRUCTIONS: See the definition of "person" in paragraph (a) of Rule 144. Information is to be given not only as to the person for whose account the securities are to be sold but also as to all other persons included in that definition. In addition, information shall be given as to sales by all persons whose sales are required by paragraph (e) of Rule 144 to be aggregated with sales for the account of the person filing this notice. ATTENTION: The person for whose account the Securities to which this notice relates are to be sold hereby represents by signing this notice that he does not know any material adverse information in regard to the current and prospective operations of the Issuer of the securities to be sold which has not been publicly disclosed. July 11, 2001 /s/ Gerald Tsai, Jr. ----------------------------- ------------------------------------- Date of Notice Signature The notice shall be signed by the person for whose account the securities are to be sold. At least one copy of the notice shall be manually signed. Any copies not manually signed shall bear typed or printed signatures. ------------------------------------------------------------------------------- ATTENTION: Intentional misstatements or omission of facts constitute Federal Criminal Violations (See 18 U.S.C. 1001) -------------------------------------------------------------------------------