UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 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): April 20, 2007

 

TRIARC COMPANIES, INC.

(Exact name of registrant as specified in its charter)

Delaware

(State or other jurisdiction

of incorporation)

1-2207
(Commission File Number)

38-0471180
(IRS Employer
Identification No.)

 

280 Park Avenue

New York, NY

(Address of principal executive offices)

 

10017

(Zip Code)

 

Registrant’s telephone number, including area code: (212) 451-3000

Not Applicable

(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 (see General Instruction A.2. below):

 

 

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

 

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



 

 

Item 7.01. Regulation FD Disclosure.

Sale of Deerfield & Company LLC

In connection with its corporate restructuring, Triarc Companies, Inc. (“Triarc”) announced today that a definitive agreement has been entered into pursuant to which Deerfield Triarc Capital Corp. (“DFR”), a diversified financial company that is externally managed by a subsidiary of Deerfield & Company LLC (“Deerfield”), will acquire Deerfield, a Chicago-based fixed income asset manager in which Triarc owns a controlling interest.

 

In connection with its announcement, Triarc issued a press release on April 20, 2007, a copy of which is being furnished as Exhibit 99.1 hereto. The description of the sale contained in the press release is only a summary and is qualified in its entirety by reference to the definitive agreements relating to the sale, copies of which will be filed by us with the Securities and Exchange Commission as exhibits to a Current Report on Form 8-K.

 

There can be no assurance that the sale of Deerfield will be completed.

 

Presentation by DFR

In connection with the execution of the definitive agreement relating to its acquisition of Deerfield, on April 20, 2007 DFR will be making a presentation regarding the transaction that will disclose that (i) investment management fees recognized by Deerfield related to assets owned by Triarc in 2006 and the amortization expense in 2006 relating to indirect interests in Deerfield held by certain members of Triarc’s management were an aggregate of $5.3 million and (ii) the income received by Deerfield in 2006 from its strategic investments in certain investment products that it manages was $2.0 million.

The information included in this Current Report, including the Exhibit attached hereto, is being “furnished” to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Exchange Act of 1934 or the Securities Act of 1933, except as expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits

 

(d)

Exhibits

 

99.1

Press Release dated April 20, 2007.

 

 

 

 



 

 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: April 20, 2007

 

 

 

TRIARC COMPANIES, INC.

 

By: 


/s/ Stuart I. Rosen

 

 

 

Name: Stuart I. Rosen
Title:   Senior Vice President and
            Secretary

 

 

 



 

 

EXHIBIT INDEX

 

Exhibit

Number

Description of Document

 

99.1

Press Release dated April 20, 2007.