-----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, VSyVL9Ocwcy6IFWvuACwK/ubRQHFSPTN15rhpnl1c4LZo7I0ul3gIH6QS6PLHvKL KcwiVk1wEHPp06nZxOmpiA== 0001209191-08-052588.txt : 20080918 0001209191-08-052588.hdr.sgml : 20080918 20080918171243 ACCESSION NUMBER: 0001209191-08-052588 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20080916 FILED AS OF DATE: 20080918 DATE AS OF CHANGE: 20080918 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: 1230 BUSINESS ADDRESS: STREET 1: 1155 PERIMETER CENTER WEST STREET 2: SUITE 1200 CITY: ATLANTA STATE: GA ZIP: 30338 BUSINESS PHONE: 678-514-4100 MAIL ADDRESS: STREET 1: 1155 PERIMETER CENTER WEST STREET 2: SUITE 1200 CITY: ATLANTA STATE: GA ZIP: 30338 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: Trian Fund Management, L.P. CENTRAL INDEX KEY: 0001345471 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078945 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TRIAN PARTNERS PARALLEL FUND I L P CENTRAL INDEX KEY: 0001345007 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078946 BUSINESS ADDRESS: STREET 1: 280 PARK AVE 41ST FL CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3040 MAIL ADDRESS: STREET 1: 280 PARK AVE 41ST FL CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trian Partners, L.P. CENTRAL INDEX KEY: 0001345465 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078943 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trian Partners Master Fund, L.P. CENTRAL INDEX KEY: 0001345466 STATE OF INCORPORATION: E9 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078942 BUSINESS ADDRESS: STREET 1: C/O WALKERS SPV LIMITED, WALKER HOUSE STREET 2: 87 MARY STREET CITY: GRAND CAYMAN STATE: E9 ZIP: 00000 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE STREET 2: 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trian Partners Parallel Fund II GP, L.P. CENTRAL INDEX KEY: 0001363626 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078940 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trian Partners Parallel Fund II, L.P. CENTRAL INDEX KEY: 0001363627 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078941 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Trian Partners GP, L.P. CENTRAL INDEX KEY: 0001363629 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-02207 FILM NUMBER: 081078944 BUSINESS ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-451-3000 MAIL ADDRESS: STREET 1: 280 PARK AVENUE, 41ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 3 1 doc3.xml FORM 3 SUBMISSION X0203 3 2008-09-16 0 0000030697 TRIARC COMPANIES INC TRY/TRYB 0001345471 Trian Fund Management, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001363629 Trian Partners GP, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001345465 Trian Partners, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001345466 Trian Partners Master Fund, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001363627 Trian Partners Parallel Fund II, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001363626 Trian Partners Parallel Fund II GP, L.P. 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer 0001345007 TRIAN PARTNERS PARALLEL FUND I L P 280 PARK AVENUE 41ST FLOOR NEW YORK NY 10017 0 0 0 1 Schedule 13D Filer Class A Common Stock 0 I Please see explanation below Class B Common Stock, Series 1 0 I Please see explanation below Trian Fund Management GP, LLC ("Trian Management GP") is the general partner of Trian Fund Management, L.P ("Trian Management"), which serves as (i) the management company for Trian Partners, L.P. ("Trian Onshore"), Trian Partners Master Fund, L.P. ("Trian Offshore"), Trian Partners Parallel Fund I, L.P. ("Parallel Fund I") and Trian Partners Parallel Fund II, L.P. ("Parallel Fund II" and collectively, the "Trian Entities") and (ii) the investment manager for a separate account owned by TCMG-MA, LLC (the "Separate Account"). Trian Management has full discretion and authority to make all investment and voting decisions in respect of the Separate Account. (FN 1, contd.) Trian Partners General Partner, LLC ("Trian GP LLC") is the general partner of Trian Partners GP, L.P. ("Trian GP"), which is the general partner of Trian Onshore and Trian Offshore. Trian Partners Parallel Fund I General Partner, LLC ("Parallel Fund I GP LLC") is the general partner of Parallel Fund I. Trian Partners Parallel Fund II General Partner, LLC ("Parallel Fund II GP LLC") is the general partner of Trian Partners Parallel Fund II GP, L.P. ("Parallel Fund II GP"), which is the general partner of Parallel Fund II. Nelson Peltz, Peter W. May and Edward P. Garden are the members of Trian Management GP, and as such are in a position to determine the investment and voting decisions made by the Trian Entities and the Separate Account. Messrs. Peltz, May and Garden currently report their holdings in the Issuer in separate filings. Each of Trian Fund Management GP, LLC; Trian Partners General Partner, LLC; Trian Partners Parallel Fund I General Partner, LLC; Trian Partners Parallel Fund II General Partner, LLC (the "GP Entities") is also a reporting person. Since the SEC's filing system will not accept CIK and CCC codes from more than ten joint filers of a report, the individual GP Entities have filed separately from this Form 3 and such filing relates to the same securities reported herein. Thus, in total, there are eleven (11) joint filers: Trian Fund Management, L.P.; Trian Partners General Partner, LLC; Trian Fund Management GP, LLC; Trian Partners Parallel Fund I General Partner, LLC; Trian Partners Parallel Fund II General Partner, LLC; Trian Partners GP, L.P.; Trian Partners, L.P.; Trian Partners Master Fund, L.P.; Trian Partners Parallel Fund I, L.P.; Trian Partnres Parallel Fund II, L.P.; Trian Partners Parallel Fund II GP, L.P. Trian Fund Management, L.P., By: Trian Fund Management GP, LLC, General Partner, By: Edward P. Garden, Member 2008-09-18 Edward P. Garden, member of general partner of Trian Partners GP, L.P. 2008-09-18 Edward P. Garden, member of general partner of Trian Partners, L.P. 2008-09-18 Edward P. Garden, member of general partner of Trian Partners Master Fund, L.P. 2008-09-18 Edward P. Garden, member of general partner of Trian Parallel Fund II, L.P. 2008-09-18 Edward P. Garden, member of general partner of Trian Parallel Fund II, GP, L.P. 2008-09-18 Edward P. Garden, member of the general partner of Trian Partners Parallel Fund I, L.P. 2008-09-18 -----END PRIVACY-ENHANCED MESSAGE-----