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) August 13, 2002
TRIARC COMPANIES, INC.
--------------------------------------------------
(Exact name of registrant as specified in its charter)
DELAWARE 1-2207 38-0471180
----------- --------- --------------
(State or other (Commission (I.R.S. Employer
jurisdiction of File No.) Identification No.)
incorporation of
organization)
280 Park Avenue
New York, NY 10017
-------------------------------------- -----------------
(Address of principal executive office) (Zip Code)
Registrant's telephone number, including area code: (212) 451-3000
--------------------------------------- -----------------
(Former name or former address, (Zip Code)
if changed since last report)
Item 9. Regulation FD Disclosure
On August 13, 2002, Nelson Peltz, chief executive officer, and Francis T.
McCarron, chief financial officer, of Triarc Companies, Inc. submitted written
certifications to the Securities and Exchange Commission relating to Triarc's
Quarterly Report on Form 10-Q for the quarter ended June 30, 2002, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002. Conformed copies of the written certifications are attached to this
Current Report on Form 8-K as Exhibits 99.1 and 99.2 and are incorporated herein
solely for purposes of this Item 9.
The information in this Current Report on Form 8-K, including the exhibits,
is furnished pursuant to Item 9 and shall not be deemed "filed" for the purposes
of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the
liabilities under that Section. Furthermore, the information in this Current
Report on Form 8-K, including the exhibits, shall not be deemed to be
incorporated by reference into the filings of Triarc Companies, Inc. under the
Securities Act of 1933.
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: Stuart Rosen
-------------------------------------
Stuart I. Rosen
Senior Vice President
and Associate General Counsel
Dated: August 13, 2002
EXHIBIT INDEX
Exhibit
Number Description of Document
99.1 Written certification of the Chief Executive Officer of Triarc
Companies, Inc., dated August 13, 2002, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, submitted herewith solely for
purposes of incorporation by reference into Item 9 of this Current
Report on Form 8-K.
99.2 Written certification of the Chief Financial Officer of Triarc
Companies, Inc., dated August 13, 2002, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, submitted herewith solely for
purposes of incorporation by reference into Item 9 of this Current
Report on Form 8-K.
Exhibit 99.1
Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
United States Code)
Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of Triarc Companies, Inc., a Delaware corporation (the
"Company"), does hereby certify, to the best of such officer's knowledge, that:
The Quarterly Report on Form 10-Q for the quarter ended June 30, 2002 (the
"Form 10-Q") of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.
Dated: August 13, 2002 /s/ Nelson Peltz
----------------------------------
Nelson Peltz
Chairman and Chief Executive Officer
The foregoing certification is being furnished solely pursuant to section
906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,
chapter 63 of title 18, United States Code) and is not being filed as part of
the Form 10-Q or as a separate disclosure document.
Exhibit 99.2
Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
United States Code)
Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of Triarc Companies, Inc., a Delaware corporation (the
"Company"), does hereby certify, to the best of such officer's knowledge, that:
The Quarterly Report on Form 10-Q for the quarter ended June 30, 2002 (the
"Form 10-Q") of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.
Dated: August 13, 2002 /s/ Francis T. McCarron
--------------------------------
Francis T. McCarron
Senior Vice President and
Chief Financial Officer
The foregoing certification is being furnished solely pursuant to section
906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,
chapter 63 of title 18, United States Code) and is not being filed as part of
the Form 10-Q or as a separate disclosure document.