-----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, V3/sn0s0vJsvJdTA2nvTm8FDOkpWQ3097dTbGQQC1YHJaA7Q13FVj7VT4IW5iziX u2OCst6qs7bLQ0WGeFxkcA== 0000030697-04-000150.txt : 20041201 0000030697-04-000150.hdr.sgml : 20041201 20041201161534 ACCESSION NUMBER: 0000030697-04-000150 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041129 FILED AS OF DATE: 20041201 DATE AS OF CHANGE: 20041201 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PELTZ NELSON CENTRAL INDEX KEY: 0000928265 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 041177696 BUSINESS ADDRESS: BUSINESS PHONE: 212 451 3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10017 FORMER NAME: FORMER CONFORMED NAME: NELSON PELTZ DATE OF NAME CHANGE: 19940810 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TRIARC COMPANIES INC CENTRAL INDEX KEY: 0000030697 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810] IRS NUMBER: 380471180 STATE OF INCORPORATION: DE FISCAL YEAR END: 0102 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 4 1 pel179.xml X0202 4 2004-11-29 0 0000030697 TRIARC COMPANIES INC TRY;TRY.B 0000928265 PELTZ NELSON TRIARC COMPANIES, INC. 280 PARK AVENUE NEW YORK NY 10017 1 1 1 0 Chairman and CEO Class A Common Stock 2004-11-29 4 M 0 67876 A 5618884 D Class B Common Stock, Series 1 2004-11-29 4 F 0 205742 D 6246656 D Class B Common Stock, Series 1 2004-11-29 4 M 0 135754 A 6382410 D Class A Common Stock 23550 I By Family Limited Partnership Class A Common Stock 200 I By Minor Children Class B Common Stock, Series 1 47100 I By Family Limited Partnership Class B Common Stock, Series 1 400 I By Minor Children Employee Stock Option (right to buy) 10.75 2004-11-29 4 M 0 240000 0 D 2004-11-30 Class A Common Stock 240000 0 D Phantom Stock 0.00 2004-11-29 4 M 0 172124 0 A 2008-01-02 2008-01-02 Class A Common Stock 172124 172124 D Phantom Stock 0.00 2004-11-29 4 M 0 344246 0 A 2008-01-02 2008-01-02 Class B Common Stock, Series 1 344246 344246 D On August 11, 2003, 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 to acquire shares of Class A Common Stock at an exercise price of $10.75 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 November 29, 2004, Mr. Peltz tendered 205,742 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 November 29, 2004, as payment of the exercise price of such options. Mr. Peltz elected to defer receipt of 172,124 shares of Class A Common Stock and 344,246 shares of Class B Common Stock, Series 1, until January 2, 2008 resulting in the accrual to his account of 172,124 shares of phantom stock and 344,246 shares of phantom stock, respectively. This deferral is subject to further deferral by Mr. Peltz 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 the Peltz Family Limited Partnership, an entity in which Mr. Peltz is a General Partner. With tandem tax withholding rights. The stock option vested on November 30, 1996. One for one. /s/ Peltz, Nelson 2004-12-01 -----END PRIVACY-ENHANCED MESSAGE-----