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Guarantees and Other Commitments and Contingencies
12 Months Ended
Dec. 29, 2013
Guarantees and Other Commitments and Contingencies [Abstract]  
Guarantees and Other Commitments and Contingencies
Guarantees and Other Commitments and Contingencies

Guarantees and Contingent Liabilities

Franchise Image Activation Incentive Programs

Wendy’s has an incentive program for franchisees that commence Image Activation restaurant remodels or open newly constructed Image Activation design restaurants during 2014 and for franchisees that open newly constructed Image Activation design restaurants during 2015. The incentive program provides reductions in royalty payments for up to the first three years after the completion of construction. In addition, the program includes cash incentives for new and remodeled restaurants in the Image Activation design during 2014. Wendy’s anticipates the payment of approximately $4,500 for cash incentives under this program in 2014.

Wendy’s also had an incentive program for franchisees’ participation in Wendy’s Image Activation program during 2013 for which the Company recognized $9,178 of incentive expense which is included in “General and administrative” for the year ended December 29, 2013.

Franchisee Image Activation Financing Program

In addition to the Image Activation incentive programs described above, Wendy’s has executed an agreement to partner with a third-party lender to establish a financing program for franchisees that participate in our Image Activation program. Under the program, the lender is providing loans to franchisees to be used for the reimaging of restaurants according to the guidelines and specifications under the Image Activation program. To support the program, Wendy’s has provided to the lender a $6,000 irrevocable stand-by letter of credit, which was issued on July 1, 2013.

Other Loan Guarantees

Wendy’s provided loan guarantees to various lenders on behalf of franchisees entering into pooled debt facility arrangements for new restaurant development and equipment financing to promote systemwide initiatives. Wendy’s has accrued a liability for the fair value of these guarantees, the calculation for which was based upon a weighted average risk percentage established at the inception of each program which has been adjusted for a history of defaults. Wendy’s potential recourse for the aggregate amount of these loans amounted to $9,665 as of December 29, 2013. As of December 29, 2013, the fair value of these guarantees totaled $682 and was included in “Other liabilities.”

During 2012, Wendy’s provided a $2,000 guarantee to a lender for a franchisee, in connection with the refinancing of the franchisee’s debt which originated in 2007. Pursuant to the agreement, the guarantee is subject to an annual reduction over a five year period. As of December 29, 2013, the guarantee totaled $1,842. Wendy’s also received a $3,000 prepayment on the note receivable owed by the franchisee as part of the refinancing. As of December 29, 2013, Wendy’s has accrued a liability for the fair value of this guarantee of $202, the calculation for which was based upon a weighted average risk percentage established at the inception of the guarantee.

Lease Guarantees

Wendy’s has guaranteed the performance of certain leases and other obligations, primarily from former company-owned restaurant locations now operated by franchisees, amounting to $42,620 as of December 29, 2013. These leases extend through 2050. We have not received any notice of default related to these leases as of December 29, 2013. In the event of default by a franchise owner, Wendy’s generally retains the right to acquire possession of the related restaurant locations.

Wendy’s is contingently liable for certain other leases which have been assigned to unrelated third parties who have indemnified Wendy’s against future liabilities amounting to $5,094 as of December 29, 2013. These leases expire on various dates, through 2021.

Wendy’s Canadian subsidiary has established a lease guarantee program to promote new franchisee unit development for up to an aggregate of C$5,000 for periods of up to five years. Franchisees pay the Canadian subsidiary a nominal fee for the guarantee. As of December 29, 2013, the Canadian subsidiary had guaranteed $84 under this program.

Insurance

Wendy’s is self-insured for most workers’ compensation losses and purchases insurance for general liability and automotive liability losses, all subject to a $500 per occurrence retention or deductible limit. Wendy’s determines its liability for claims incurred but not reported for the insurance liabilities on an actuarial basis. Wendy’s is self-insured for health care claims for eligible participating employees subject to certain deductibles and limitations and determines its liability for health care claims incurred but not reported based on historical claims runoff data.

Letters of Credit

As of December 29, 2013, the Company had outstanding letters of credit with various parties totaling $18,829, of which $18,593 were cash collateralized. The related cash collateral is classified as restricted cash and included in “Prepaid expenses and other current assets” in the consolidated balance sheet. See Note 5 and Note 10 for further information. We do not expect any material loss to result from these letters of credit.

Purchase and Capital Commitments

Beverage Agreements
    
The Company entered into a new agreement with an existing beverage vendor effective January 1, 2013, which provides fountain beverage products and certain marketing support funding to the Company and its franchisees. This agreement requires minimum purchases of fountain syrup (“Syrup”) by the Company and its franchisees at certain agreed upon prices until the total contractual gallon volume usage is reached. This agreement also provides for an annual advance to be paid to the Company based on the vendor’s expectation of the Company’s annual Syrup usage, which is amortized over actual usage during the year. The Company estimates future annual purchases to be approximately $12,700 per year during the next five years. Based on current pricing and the current ratio of usage at company-owned restaurants to franchised restaurants, our total beverage purchase requirement under the agreement is estimated to be approximately $103,000 over the remaining life of the contract, which expires the later of reaching the minimum usage requirement or January 1, 2023.

Beverage purchases made by the Company under this agreement during 2013 were $16,289. As of December 29, 2013, $2,471 is due to the beverage vendor and is included in “Accounts payable,” principally for annual estimated payments that exceeded usage, under this agreement.
 
Capital Expenditure Commitments

As of December 29, 2013, the Company had $41,713 of outstanding commitments, included in “Accounts payable,” for capital expenditures expected to be paid in 2014.