UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant To Section 13 or 15 (d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): September 1, 2007
TRIARC COMPANIES, INC.
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(Exact name of registrant as specified in its charter)
DELAWARE 1-2207 38-0471180
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(State or Other (Commission (I.R.S. Employer
Jurisdiction of File Number) Identification No.)
Incorporation)
280 Park Avenue
New York, NY 10017
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (212) 451-3000
N/A
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
5.02. Departure of Directors or Principal Officers; Election of Directors;
Appointment of Principal Officers; Compensatory Arrangements of Certain
Officers.
On September 4, 2007, Triarc Companies, Inc. ("Triarc") announced
that it had made several executive changes effective September 1, 2007
as part of its previously announced corporate restructuring, including:
Thomas A. Garrett, 45, has been appointed Executive Vice
President and Chief Operating Officer of Triarc. Mr. Garrett
has served as President and Chief Operating Officer of
Arby's Restaurant Group, Inc. ("ARG") since June 2006. Mr.
Garrett served as Chief Operating Officer of ARG following
Triarc's acquisition of the RTM Restaurant Group ("RTM") in
July 2005 to June 2006. From June 2003 to July 2005, Mr.
Garrett served as President of RTM, and from May 2000 to
June 2003, he served as Chief Operating Officer of RTM.
Stephen E. Hare, 54, has been appointed Senior Vice
President and Chief Financial Officer of Triarc. Mr. Hare
has served as Chief Financial Officer of ARG since June
2006. Mr. Hare served as Executive Vice President of Cadmus
Communications Corporation ("Cadmus") and President of
Publisher Services Group, a division of Cadmus, from January
2003 to June 2006. Prior thereto, Mr. Hare served as
Executive Vice President, Chief Financial Officer of Cadmus
from September 2001 to January 2003.
Steven B. Graham, 54, has been appointed Senior Vice
President - Chief Accounting Officer of Triarc. Mr. Graham
has served as Senior Vice President - Corporate Controller
of ARG since January 2007. From October 2006 through
December 2006, he served as Vice President, Assistant
Corporate Controller of ARG. Mr. Graham served as Corporate
Controller at Princeton Review LLC from April 2004 to
September 2006. Prior thereto, Mr. Graham served as Vice
President - Controller of Sbarro, Inc. from January 2000 to
March 2004 and as Controller of Sbarro, Inc. from April 1994
to January 2000.
Nils H. Okeson, 41, has been appointed Senior Vice President
and Associate General Counsel, and Secretary of Triarc. Mr.
Okeson had served as Secretary of Triarc since June 2007.
Mr. Okeson has served as General Counsel of ARG since
October 2005. Prior to joining ARG, Mr. Okeson was a partner
of Alston & Bird LLP, a law firm that he joined in 1990.
Daniel T. Collins, 51, has been appointed Senior Vice
President - Treasurer and Assistant Secretary of Triarc. Mr.
Collins has served as Senior Vice President - Treasurer and
Assistant Secretary of ARG since June 2006 and prior thereto
served as Senior Vice President - M&A and Lease Management
from July 2005 to June 2006. Prior to joining ARG, Mr.
Collins served as Senior Vice President - Finance of RTM
from December 2004 to July 2005 and as Vice President -
Finance of RTM from July 1997 to November 2004.
As of September 1, 2007, Francis T. McCarron, Triarc's former
Executive Vice President and Chief Financial Officer, and Fred H.
Schaefer, Triarc's former Senior Vice President and Chief Accounting
Officer, will serve as Executive Vice President and Senior Vice
President, respectively, and will continue to provide services to
Triarc during a transition period.
In July 2007 Triarc settled a dispute with the sellers of RTM
regarding the amount of the post-closing purchase price adjustment
required pursuant to the terms of the agreement and plan of merger
pursuant to which Triarc acquired RTM in July 2005. Pursuant to the
settlement agreement, Triarc paid to the sellers of RTM (including Mr.
Garrett) an aggregate of $1.6 million. Based on his percentage
ownership of RTM, Mr. Garrett is entitled to receive $116,960 of the
total settlement amount.
A copy of the press release announcing the foregoing
organizational changes is filed as Exhibit 99.1 to this Current Report
on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
99.1 Press release of Triarc Companies, Inc. dated September 4, 2007
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this report to be signed on behalf by the
undersigned hereunto duly authorized.
TRIARC COMPANIES, INC.
By:/s/STUART ROSEN
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Stuart I. Rosen
Senior Vice President and General Counsel,
and Assistant Secretary
Dated: September 5, 2007
EXHIBIT INDEX
Exhibit Description
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99.1 Press release of Triarc Companies, Inc. dated September 4, 2007.