-----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, PryqD4SijTgcCiBHsi1PpWAp8XU+TSwphmaIL49mKzeY3VSbaIBQgIN91N+6wmGa UXiQMfmqFiDmvCxphHBfxA== 0000030697-01-500050.txt : 20010814 0000030697-01-500050.hdr.sgml : 20010814 ACCESSION NUMBER: 0000030697-01-500050 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20010830 ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20010813 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TRIARC COMPANIES INC CENTRAL INDEX KEY: 0000030697 STANDARD INDUSTRIAL CLASSIFICATION: BEVERAGES [2080] IRS NUMBER: 380471180 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 1706776 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 COMPANY: FORMER CONFORMED NAME: DEISEL WEMMER GILBERT CORP DATE OF NAME CHANGE: 19680820 FORMER COMPANY: FORMER CONFORMED NAME: DWG CIGAR CORP DATE OF NAME CHANGE: 19680820 FORMER COMPANY: FORMER CONFORMED NAME: DWG CORP DATE OF NAME CHANGE: 19920703 8-K 1 k8.txt AUGUST 14, 2001 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported) August 14, 2001 TRIARC COMPANIES, INC. -------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE 1-2207 38-0471180 ----------- ---------- ------------ (State or other (Commission (I.R.S. Employer jurisdiction of File No.) Identification No.) incorporation of organization) 280 Park Avenue New York, NY 10017 ----------------------------------- ----------------- (Address of principal executive office) (Zip Code) Registrant's telephone number, including area code: (212) 451-3000 -------------------------------------------------- ----------------- (Former name or former address, (Zip Code) if changed since last report) Item 7. Exhibits (c) Exhibits 10.1 - First Amendment to the Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., dated as of April 6, 2001, between Triarc Companies, Inc. and Wilmington Trust Company, as trustee. 10.2 - First Amendment to the Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., dated as of April 6, 2001, between Triarc Companies, Inc. and Wilmington Trust Company, as trustee. Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on behalf by the undersigned hereunto duly authorized. TRIARC COMPANIES, INC. By: /s/ Stuart I. Rosen ----------------------------- Stuart I. Rosen Senior Vice President and Associate General Counsel Dated: August 14 , 2001 EXHIBIT INDEX Exhibit No. Description Page No. ----------- -------- 10.1 - First Amendment to the Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., dated as of April 6, 2001, between Triarc Companies, Inc. and Wilmington Trust Company, as trustee. 10.2 - First Amendment to the Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., dated as of April 6, 2001, between Triarc Companies, Inc. and Wilmington Trust Company, as trustee. EX-10.1 3 peltzexh1.txt FIRST AMENDMENT - N. PELTZ Exhibit 10.1 FIRST AMENDMENT TO THE TRUST AGREEMENT FOR THE DEFERRAL PLAN FOR SENIOR EXECUTIVE OFFICERS OF TRIARC COMPANIES, INC. WHEREAS, Triarc Companies, Inc., a Delaware Corporation (the "Company"), has adopted the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., effective December 14, 2000 (the "Plan"); WHEREAS, the Company and Wilmington Trust Company, a Delaware bank and trust company (the "Trustee"), entered into a Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., as of January 23, 2001 (the "Trust Agreement"), under the Plan in order to provide a source for the payment of benefits under the Plan to Nelson Peltz, a participant in the Plan; WHEREAS, Company has determined that it is desirable to amend the Trust Agreement to identify in the name of the Trust Agreement that the trust formed pursuant to the Trust Agreement is in respect of Nelson Peltz; WHEREAS, Section 12(a) of the Trust Agreement provides that the Trust Agreement may be amended by a written instrument executed by the Trustee and the Company; and WHEREAS, the Trustee and the Company each desire to amend the Trust Agreement as set forth below. NOW, THEREFORE, the Trustee and the Company hereby agree that the Trust Agreement shall be amended, effective as of April 6, 2001, as follows: 1. The title of the Trust Agreement is hereby amended to read as follows: TRUST AGREEMENT FOR THE DEFERRAL PLAN FOR SENIOR EXECUTIVE OFFICERS OF TRIARC COMPANIES, INC. (PARTICIPANT NELSON PELTZ) 2. The third WHEREAS clause of the Trust Agreement is hereby amended to read as follows: WHEREAS, Company wishes to establish a trust, which shall be known as the "Triarc Companies, Inc. Deferral Plan Trust (Participant Nelson Peltz)" (the "Trust"), and to contribute to the Trust assets that shall be held therein, subject to the claims of Company's creditors in the event of Company's "Insolvency," as herein defined, until paid to the Participant or his beneficiary(ies), as the case may be, in such manner and at such times as specified in the Plan; EXECUTED as of the 6th day of April, 2001. TRIARC COMPANIES, INC. By: /s/ Brian L. Schorr --------------------------- Brian L. Schorr Executive Vice President WILMINGTON TRUST COMPANY By: /s/ Virginia E. Machamer -------------------------- Virginia E. Machamer Assistant Vice President EX-10.2 4 mexh2.txt FIRST AMENDMENT - P. MAY Exhibit 10.2 FIRST AMENDMENT TO THE TRUST AGREEMENT FOR THE DEFERRAL PLAN FOR SENIOR EXECUTIVE OFFICERS OF TRIARC COMPANIES, INC. WHEREAS, Triarc Companies, Inc., a Delaware Corporation (the "Company"), has adopted the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., effective December 14, 2000 (the "Plan"); WHEREAS, the Company and Wilmington Trust Company, a Delaware bank and trust company (the "Trustee"), entered into a Trust Agreement for the Deferral Plan for Senior Executive Officers of Triarc Companies, Inc., as of January 23, 2001 (the "Trust Agreement"), under the Plan in order to provide a source for the payment of benefits under the Plan to Peter May, a participant in the Plan; WHEREAS, Company has determined that it is desirable to amend the Trust Agreement to identify in the name of the Trust Agreement that the trust formed pursuant to the Trust Agreement is in respect of Peter May; WHEREAS, Section 12(a) of the Trust Agreement provides that the Trust Agreement may be amended by a written instrument executed by the Trustee and the Company; and WHEREAS, the Trustee and the Company each desire to amend the Trust Agreement as set forth below. NOW, THEREFORE, the Trustee and the Company hereby agree that the Trust Agreement shall be amended, effective as of April 6, 2001, as follows: 1. The title of the Trust Agreement is hereby amended to read as follows: TRUST AGREEMENT FOR THE DEFERRAL PLAN FOR SENIOR EXECUTIVE OFFICERS OF TRIARC COMPANIES, INC. (PARTICIPANT PETER MAY) 2. The third WHEREAS clause of the Trust Agreement is hereby amended to read as follows: WHEREAS, Company wishes to establish a trust, which shall be known as the "Triarc Companies, Inc. Deferral Plan Trust (Participant Peter May)" (the "Trust"), and to contribute to the Trust assets that shall be held therein, subject to the claims of Company's creditors in the event of Company's "Insolvency," as herein defined, until paid to the Participant or his beneficiary(ies), as the case may be, in such manner and at such times as specified in the Plan; EXECUTED as of the 6th day of April, 2001. TRIARC COMPANIES, INC. By: /s/ Brian L. Schorr ----------------------------- Brian L. Schorr Executive Vice President WILMINGTON TRUST COMPANY By: /s/ Virginia E. Machamer --------------------------- Virginia E. Machamer Assistant Vice President -----END PRIVACY-ENHANCED MESSAGE-----