-----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, SqawkzSJNxb6lit4G7Kqh4qSp9WQu1NA8tnBhaLOnY/f0fQm+vkbC6a4HImxFgkA eKr/vZ8+kQ1VR4FUSMNQ1w== 0000030697-04-000052.txt : 20040302 0000030697-04-000052.hdr.sgml : 20040302 20040302150900 ACCESSION NUMBER: 0000030697-04-000052 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040227 FILED AS OF DATE: 20040302 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TRIARC COMPANIES INC CENTRAL INDEX KEY: 0000030697 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 380471180 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 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: DWG CORP DATE OF NAME CHANGE: 19920703 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MAY PETER W CENTRAL INDEX KEY: 0000928264 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 04642547 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212 451 3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10017 4 1 may129.xml X0201 4 2004-02-27 0 0000030697 TRIARC COMPANIES INC TRY;TRY.B 0000928264 MAY PETER W TRIARC COMPANIES, INC. 280 PARK AVENUE NEW YORK NY 10017 1 1 1 0 President and COO Class A Common Stock 2004-02-27 4 M 0 31634 A 334116 D Class B Common Stock, Series 1 2004-02-27 4 M 0 63274 A 668238 D Class B Common Stock, Series 1 2004-02-27 4 F 0 94595 D 573643 D Class A Common Stock 6024662 I By Limited Partnership Class B Common Stock, Series 1 10006324 I By Limited Partnership Employee Stock Option (right to buy) 21.0000 2004-02-27 4 M 0 50000 0 D 2004-03-01 Class A Common Stock 50000 0 D Phantom Stock 0.0000 2004-02-27 4 M 0 18366 0 A 2005-01-02 2005-01-02 Class A Common Stock 18366 18366 D Phantom Stock 0.0000 2004-02-27 4 M 0 36726 0 A 2005-01-02 2005-01-02 Class B Common Stock, Series 1 36726 36726 D On August 11, 2003, Triarc Companies, Inc. (Triarc) declared a stock dividend, payable to all holders of record of Class A Common Stock on August 21, 2003, of two shares of Class B Common Stock, Series 1 for each share of Class A Common Stock outstanding. As a result of the stock dividend, each outstanding option granted under Triarc's 1993 Equity Participation Plan was adjusted so that each such option outstanding as of August 21, 2003, became exercisable for both one share of Class A Common and two shares of Class B Common Stock, Series 1. This employee stock option was previously reported as an option for 50,000 shares of Class A Common Stock at an exercise price of $21.00 per share, but was adjusted to reflect the stock dividend referred to in note (1) above. As a result of the stock dividend, the option also entitled the reporting person to receive, upon exercise, two shares of Class B Common Stock, Series 1, for each share of Class A Common Stock issuable upon exercise of the option for no additional consideration. In connection with the exercise of the stock options referred to in Table II on February 27, 2004, Mr. May tendered 94,595 shares of Triarc's Class B Common Stock, Series 1, at a price per share equal to the closing price of such Class B Common Stock, Series 1, on February 27, 2004, as payment of the exercise price of such options. Mr. May elected to defer receipt of 18,366 shares of Class A Common Stock and 36,726 shares of Class B Common Stock, Series 1, until January 2, 2005 resulting in the accural to his account of 18,366 shares of phantom stock and 36,726 shares of phantom stock, respectively. This deferral is subject to further deferral by Mr. May under certain circumstances and subject to acceleration under certain other circumstances. 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. All such shares are owned by DWG Acquisition Group, L.P., an entity in which Mr. May is a General Partner. Includes shares of Class B Common Stock, Series 1, received in connection with the stock dividend referred to in note (1) above. With tandem tax withholding rights. The option vested in three equal installments on March 1, 1995, 1996 and 1997. 1 for 1 /s/ May, Peter W. 2004-03-01 -----END PRIVACY-ENHANCED MESSAGE-----