-----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, ThO4ca+meRi0CcOt1eGe7F35zFLfRo1Qh6NymX5zxwY1/ezSRuNKSRre3MWk1KhL 66adiZoZuz6qXdl4maHmIQ== 0000030697-05-000251.txt : 20051208 0000030697-05-000251.hdr.sgml : 20051208 20051208174159 ACCESSION NUMBER: 0000030697-05-000251 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20051206 FILED AS OF DATE: 20051208 DATE AS OF CHANGE: 20051208 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: 051253569 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 pel237.xml X0202 4 2005-12-06 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 2005-12-06 4 M 0 150000 A 5918039 D Class A Common Stock 2005-12-06 4 F 0 84635 D 5833404 D Class B Common Stock, Series 1 2005-12-06 4 F 0 169271 D 6259889 D Class B Common Stock, Series 1 2005-12-06 4 M 0 300000 A 6559889 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) 10.125 2005-12-06 4 M 0 150000 0 D 2005-12-07 Class A Common Stock 150000 0 D This employee stock option was previously reported as an option for 150,000 shares of Class A Common Stock at an exercise price of $10.125 per share, but was adjusted to reflect the stock dividend referred to in note (2) below. As a result of the stock dividend, the option also entitled the reporting person to receive, upon exercise, 300,000 shares of Class B Common Stock, Series 1 for no additional consideration. 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. In connection with the exercise of the stock option reported herein, Mr. Peltz tendered 99,006 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 December 6, 2005, as payment of the exercise price of such options. Additionally, Mr. Peltz elected to have withheld from the shares issued upon exercise of such stock option 84,635 shares of Class A Common Stock and 70,265 shares of Class B Common Stock, Series 1, at a price per share equal to the closing price of such Class A Common Stock and Class B Common Stock, Series 1, respectively, on December 6, 2005, to satisfy tax withholding obligations in connection with such stock option exercise. 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's spouse is the sole General Partner. Mr. Peltz was formerly a general partner of the partnership but has transferred his interest in the partnership to his spouse. With tandem tax withholding rights. The option vested in three equal installments on December 7, 1996, 1997 and 1998. /s/ Peltz, Nelson 2005-12-08 -----END PRIVACY-ENHANCED MESSAGE-----